Anti-social Behaviour (ASB)
The partnership works together and will use appropriate tools and powers available to address ASB. The Crime and Disorder Act 1998 requires the Council to work with the police and other agencies to reduce crime and disorder in Colchester. Collectively the partners make a significant contribution to dealing with anti-social behaviour of all kinds and undertakes both investigations and prevention activities.
What is considered as ASB?
Anti-social behaviour (ASB) covers a wide variety of behaviour that has a negative impact on others. ASB can be categorised into three categories:
Personal ASB is when a person targets a specific individual or group. Examples
include verbal abuse, nuisance phone calls, and threatening behaviour
Nuisance ASB is when a person causes trouble, annoyance or suffering to a
community. Examples include noisy neighbours, rowdy behaviour, public
drunkenness, and inconsiderate driving
Environmental ASB is when a person’s actions affect the wider environment such
as public spaces. Examples include graffiti, fly-tipping, littering, and vandalism
ASB is legally defined as:
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c) conduct capable of causing housing-related nuisance or annoyance to any person.
Not all behaviour that causes annoyance is anti-social. It isn’t anti social behaviour if the problem’s about normal day-to-day living, for example if you don’t like your neighbour’s cooking smells or you can hear their baby crying. The only way to solve these problems is by talking to your neighbour to try and agree a compromise.
What is considered a neighbourhood dispute?
A neighbourhood dispute is often a disagreement between two neighbours about something which becomes a source of distress and frustration. It is common for both parties to have complaints about the other. ASB experienced in/near the home environment can be particularly harmful as it can feel inescapable.
Neighbourhood disputes may arise from: Noise nuisance, Boundary disputes e.g. garden hedges, trees. Parking & Privacy invasion e.g. CCTV cameras.
It’s important to note that disagreements over civil matters such as some of those listed above do not constitute anti-social behaviour.
What can I do about ASB or neighbourhood dispute?
Firstly, you should attempt a reasonable discussion with your neighbours (written or verbally) to try and resolve the issue. Only do this is you feel it is appropriate to approach your neighbour.
If an informal discussion is unsuccessful, mediation can be a helpful tool. While it can be a recommendation from authorities after a report is made, you can also initiate this privately before contacting authorities if you wish.
Mediation allows both sides to talk and try and find a way to resolve the issues. There are different ways to facilitate this which do not always mean face-to-face. Both neighbours will need to agree to this and so it is not always possible to use this method
If a case goes to court, (although this is not always necessary to stop the ASB) records of the ASB captured in good detail at the time it happened will help officers handling the case by providing credible, accurate evidence.
Diary sheets are a great way to record what is happening, how often and the impact this has had on yourself and your community/business.
Write as much detail as possible. Include what happened, the length of time and how it affected you.
For example, ‘22 June – dogs barking from 10:15am to 12:35pm. Loud enough to hear in living room – had to turn up my radio’
What is considered harassment and intimidation?
Harassment and intimidation are often used interchangeably. According to Police.uk, harassment/intimidation is defined as
“When someone repeatedly behaves in a way that makes you feel scared, distressed or threatened.”
Listed under the Protection from Harassment Act, include, but are not limited to:
- Phone calls
- Letters
- Emails
- Visits
- Stalking
- Verbal abuse of any kind, including on social media
- Threats
- Damage to property & Bodily harm
These actions are considered harassment if they are unwanted and repeated.
What can I do about Harassment and intimidation?
Harassment and intimidation should be reported to the police
You should continue to report incidents to your housing provider where appropriate as other action may be available in addition to criminal investigation. We encourage victims of harassment and/or intimidation to avoid retaliating and never do anything to put yourself and/or others at risk.
If you think your neighbour’s making trouble because you’re transgender or because of your disability, race, religion or sexuality, it could be a hate crime or hate incident. You can check what to do if you’ve experienced a hate crime or incident.
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