THURSDAY 15TH JULY 2010

DRAFT ANTI-SOCIAL BEHAVIOUR STRATEGY

Current Policy

First Anti-Social Policy launched in Feb 2004

STATISTICS 2009

Anti-Social complaints received 2,952

Anti-Social Interviews 1,765

Exclusion Orders sought 30

Evictions 12

Requests for Notice to Quit 10

Live Cases within Court System 27

Surrender of Tenancy (Anti-Social)

8

Housing (Misc. Provisions) Act 2009

Section 35 Commenced 1st December 2009

Anti-Social Strategy now a requirement for all HAs

Consultation with Gardaí, HSE and JPC & others

Must be in place by 30th November 2010

Strategy must be adopted by City Council

Application of the Strategy

All Council Tenants

Chapter 4 Tenancy (RAS)

Relevant Purchasers

- Tenant Purchasers and their successors

- Incremental Purchasers- Apartment Tenant Purchasers

Travellers

Strategy Headings

Mission Statement

Statement of Policy

Legislation underpinning the Strategy

Principal Objectives

Tenancy Agreements

Health & Safety / Customer Care

Mission Statement

To investigate all complaints of Anti-Social Behaviour in an efficient, fair and impartial manner and to take all appropriate steps to help prevent and reduce such behaviour in, and in the vicinity of, dwellings under the control of Dublin City Council.

Statement of Policy

DCC conscious of the effects of Anti-Social Behaviour

DCC will not tolerate Anti-Social Behaviour and is committed to ensuring the peaceful occupation of dwellings by our tenants

Strategy to be implemented through partnership with Gardaí, HSE and JPC by attaining the principal objectives

Legislation

Housing Acts 1966 - 2009

Residential Tenancies Act 2004

Definition of Anti-Social Behaviour widened

Anti-Social Behaviour - Definition

( a ) the manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984),

  ( b ) any behaviour which causes or is likely to cause any significant or persistent danger,

injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts, 1966 to 2002, or Part V of the Planning and Development Act 2000, or a housing estate in which the house is situate and, without prejudice to the foregoing, includes

(i) violence, threats, intimidation, coercion, harassment or serious obstruction of any person,

(ii) behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home, or

(iii) damage to or defacement by writing or other marks of any

property, including a person’s home.

Strategy -- Principal Objectives

1. The prevention and reduction of Anti-Social Behaviour

2. The co-ordination of services within the housing authority that are directed at dealing with or preventing or reducing Anti-Social Behaviour

3. The promotion and co-operation with other persons, including an Garda Siochána, in the performance of their respective functions in relation to dealing with or the prevention or reduction of Anti-Social Behaviour, having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions

4. The promotion of good estate management

Principal Objective 1

PREVENTING AND REDUCING ANTI-SOCIAL BEHAVIOUR

Policies

Complaints – Exchange of Information – Challenging the Perpetrators – Legal Remedies – Dwellings Used for Drug Dealing – Excluding Orders – Refuse/Defer a Letting – Refuse to sell a Dwelling – Housing Welfare – Vetting – Rehousing following Eviction – Illegal Occupiers

Principal Objective 1 (continued)

PREVENTING AND REDUCING ANTI-SOCIAL BEHAVIOUR

Procedures

Making the Complaint

Investigating the Complaint

Deciding on Appropriate Action

Legal Proceedings to Recover Dwellings

Legal Proceedings for Excluding Orders

Closing the Case

Principal Objective 2

Co-Ordination of Services within Dublin City Council

Central Anti-Social Behaviour UnitArea Housing OfficesLaw DepartmentHousing Welfare Section Allocations / RAS / Travellers SectionsLoans Sales and grantsTraining Unit

Principal Objective 3

Promoting Co-Operation with other Persons / Bodies

DCC committed to a multi-agency approach

Statutory right to exchange/request information widely used

Regular meetings with an Garda Siochána both formal and informal

HSE consulted before application for an Exclusion Order and before execution of a warrant for possession. Also regular local meetings.

Regular interaction with the 3 Dublin County Councils and engagement with other Councils

Housing Agencies and Government Departments

Principal Objective 4

Promotion of Good Estate Management

Communicate with Tenants / Residents

Tenant Training

Education and Research

Engage with Communities

Regeneration Projects

Tenancy Agreements

In future must include -

Terms and conditions relation to Anti-Social Behaviour carried out by tenant/household member

Provisions and consequences where a tenant allows an ‘excluded person’ to enter their dwelling

So current Tenancy Agreement will be revised and amended

Health & Safety / Customer Care

Personal Safety at Work ProgrammeFull training of staff

DCC committed to a quality service to its tenants

Residents have the right to complain Complaints dealt with in a prompt fair and

professional mannerFormal Complaints procedure