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12 FINAL Neighbour Disputes March 2024

Renfrewshire Council · 18 March 2024
Back to Audit, Risk and Scrutiny Board — 18 March 2024 and its agenda

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___________________________________________________________________
To:  Audit, Risk and Scrutiny Board 
On:  18 March 2024
___________________________________________________________________
Report by: Lead Officer
___________________________________________________________________
Heading: Neighbour Disputes
___________________________________________________________________    
1. Summary 
1.1 At the meeting on 22nd August 2022, members of the Audit, Risk and Scrutiny
Board agreed an annual programme of activity for the Board for 2022/23. This
included an investigation into neighbour disputes in Renfrewshire. 
1.2 This report reviews the current disposals/actions that are available to the
Council and others to resolve neighbour disputes and antisocial behaviour,
including legislation and regulatory powers.
___________________________________________________________________
2.  Recommendations 
The Board is asked to:
• note the progress contained within the report.
___________________________________________________________________    
3.  Background 
3.1 At the Audit, Risk and Scrutiny Board in August 2022 it was agreed that the
review of Neighbour Disputes be looked at in the widest sense and should
also include antisocial behaviour. It was agreed that the purpose of the
investigation into neighbour disputes would be fourfold: 
1. Try to establish the scale and nature of neighbour disputes in
Renfrewshire,
2. Set out the current arrangements and approach the Council and
other stakeholders have for responding to neighbour disputes,
3. Review the current disposals/actions that are available to the
Council and others to resolve neighbour disputes, and
4. Identify any other approaches, policy changes or mitigating actions
that could be available to the Council within existing resources.

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3.2 Research has progressed, with Stages 1 and 2 being completed. At the Audit,
Risk and Scrutiny Board on 22nd January 2024 it was agreed to move to
Stage 3 of the investigation, to review the current disposals/actions that are
available to the Council and others to resolve neighbour disputes, including
legislation and regulatory powers. 
3.3 The table below provides an outline of the proposed timetable, with a
conclusive report being submitted to the Audit, Risk and Scrutiny Board on
20th May 2024, and a final report to Council on 27th June 2024: 
Date of Board Meeting  Stage of Investigation 
23rd January 2023 - Complete  Scoping paper to initiate investigation 
13th March 2023 - Complete  Continuation of investigation 
22nd January 2024 - Complete  Continuation of investigation 
18th March 2024 - Current  Continuation of investigation – Point 3 
20th May 2024  Final Report to Board 
27th June 2024  Final Report to Full Council 
4.  Progress Update 
4.1 The investigation has been progressing well and research has now been
completed across the 3 main areas within the scope of the review, which will
then form the identification of any other approaches, policy changes or
mitigating actions that could be available to the Council within existing
resources. Research to date has involved communications with a number of
other Scottish Local Authorities, Local Housing Associations, Police Scotland
and key internal stakeholders. 
4.2 This report provides a summary and highlights findings from the research with
a particular focus on point 3 of the original aims - to review the current
disposals/actions that are available to the Council and others to resolve
neighbour disputes. 
4.3 This research focuses on legislation and regulatory powers and also the
processes within the Council at different stages of a complaint, and for
complaints of differing severity. Process maps outlining current disposals and
actions and the links across services within the Council and partner
organisations can be found in Appendix 1 (Housing), 2 (Environmental Health)
and 3 (Antisocial Behaviour). 
4.4 In addition, there were some outstanding answers from the January Board,
whereby there was a requirement to clarify with the relevant Services in order
to respond to the questions. These responses are confirmed as follows: 
4.4.1 Number of Antisocial Behaviour Orders in Renfrewshire: 7 issued
in the last 3 years: 2 in 2021, 4 in 2022 and 1 in 2023.

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4.4.2 Number of mediation referrals: In 2022-23, there were 164 referrals
for mediation. Of the 164 referrals, in 88 instances either Party 1 (the
complainant) or Party 2 refused mediation – 53.7%. 
4.4.3 Confirmation relating to the MATRON formal noise recording
equipment: Renfrewshire Council has access to 3 MATRON systems.
There is currently no waiting time for the MATRON system. 
4.4.4 Noise app evidence: general noise recordings (e.g. of loud music)
from a noise app have been used in court to demonstrate the nature of
a disturbance as supplementary evidence but are not admissible in
court in isolation as standalone evidence as it is not possible to confirm
beyond doubt where the noise is coming from. Therefore, this can be
likened to hearsay evidence and is likely to be objected to by the
defence for this reason. In cases of verbal threats, a noise recording
may be admissible to determine the content of the threat but would
require a complainer to speak to the identification of the perpetrator,
and in the case of behaviour apps which include video recording
capabilities, these may be admissible in court as, in certain
circumstances, this can be the same as witnessing the offence itself. 
5. Categories of Neighbour Disputes and Antisocial Behaviour 
5.1 As reported in January 2024, internally within local authorities there are often
different teams that deal with different aspects of neighbour disputes and
antisocial behaviour, dependent on the legislation it falls under and/or
potential actions – between Housing, Community Safety and/or Environmental
Health teams. 
5.2 This is true within Renfrewshire Council, whereby specific teams would deal
with different aspects of neighbour disputes and antisocial behaviour and
have different levers due to different legislation that would be applied. There is
a close working relationship between the teams, as well as with the Multi
Agency Community Safety Partnership Hub to ensure patterns are picked up
and responses can be targeted where needed. 
5.3  The action taken in all cases must be proportionate to the incident and
complaints are classified using 4 key categories. The category that the
incident falls under will determine the process followed, the legislation that is
applicable and the actions that are taken. The same categories are used by
all internal services within the Council as well as all members of the Multi
Agency Community Safety Hub:  
Category Definition Example
A Serious antisocial behaviour Drug dealing, hate crime, violence
B Antisocial behaviour Frequent disturbances, excessive noise
C Nuisance Cases Vandalism, infrequent disturbances and
private ownership
D
Estate management as a
result of either complaints
or observations
Dispute over communal areas, including
cleaning close; use of drying green; dog
fouling; misuse of bins or storage of waste

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5.4  The majority of complaints received by staff are resolved at an early stage
and do not escalate to formal stages. 
6. Housing: Key Processes and Legislation 
6.1 Renfrewshire Council’s Housing Service follows a set of procedural steps
when dealing with neighbour disputes and antisocial behaviour in proportion
to the incident in question. This ranges from visits to both parties; mediation
referrals; support agency referrals; and verbal and written warnings, up to
reducing tenancy rights and eviction in the most serious cases. The full
process map for Renfrewshire Council Housing Service which is followed for
neighbour disputes and antisocial behaviour (Category B & C complaints) is
set out in Appendix 1. 
6.2  Most cases are resolved in the early steps of the process, through the early
intervention measures of visits and warnings. Renfrewshire Council’s locally
agreed target to resolve antisocial behaviour complaints is 21 days. The
definitions of resolved are:
- appropriate measures taken to address the cause of the antisocial
behaviour complaint; or
- do not have the powers or authority to resolve but has provided a full
explanation of the position. 
6.3  For more persistent or serious cases of nuisance and antisocial behaviour,
social landlords, including Renfrewshire Council, have two main levers that
can be used:  
1. The Housing (Scotland) Act 2001: the key piece of statutory
guidance aimed at social landlords. Changes to the Housing (Scotland)
Act in 2014, which came into effect in 2019, included allowing landlords
to issue Short Scottish Secure Tenancies (SSSTs) to address
antisocial behaviour and introduced Streamlined Evictions where there
has been a recent criminal conviction punishable by imprisonment for
tenancy related antisocial or criminal behaviour within the previous 12
months
2. Tenancy Agreements: as set out below 
6.4 A tenancy agreement sets out the legal rights and responsibilities of both the
tenant and the landlord. This includes levels of behaviour expected from
tenants, members of their household and visitors to their home. 
6.5 Renfrewshire Council’s Tenancy Agreements include a section on ‘Respect
for Others’ (Section 3) which specifically references antisocial behaviour and
examples of what this includes, such as excessive noise, storage of waste,
controlling pets, behaviour of visitors, vandalism and harassment. 
6.6 The tenancy agreement makes it clear to tenants that breaking their tenancy
agreement as a result of antisocial behaviour may result in legal action to
evict, or a reduction in their tenancy rights. A reduction in tenant’s rights is a
result of converting a tenancy from a Scottish Secure Tenancy (whereby
tenants have the right to stay in the home for as long as they wish provided
they do not breach the terms of the tenancy) to a Short Scottish Secure
Tenancy (SSST), where tenants only have security for the specified period of

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the tenancy (a minimum of 6 months, up to 12 months) because of particular
circumstances, including antisocial behaviour. Tenants must then comply with
specified conditions in order to retain the tenancy. 
6.7 At the end of the specified term of a SSST conversion due to antisocial
behaviour, if issues have been resolved and no further action is
required/taken the tenancy converts automatically back to a Scottish Secure
Tenancy again. 
6.8 During the term of the SSST there may be monitored improvements in
behaviour, but still with further small or low level issues. This enables an
extension of an additional 6 months to the SSST. If there are no
improvements in behaviour, the tenancy can be brought to an end at the
conclusion of the SSST. 
6.9 Following a request, an order for eviction may be granted by the Sheriff Court
under Section 14 of the Housing (Scotland) Act 2001 on any of the grounds
contained within Section 2 of the Act. Section 2 includes antisocial behaviour
in relation to an action or course of conduct that causes or is likely to cause
alarm, distress, nuisance or annoyance. 
6.10 Local authorities have a statutory duty to rehouse and eviction is used as a
last resort. There are often more complex needs and cross-agency working is
pivotal in ensuring access to services and support, and to prevent people from
falling through the gaps in services. This ensures a robust approach to target
anti-social behaviour, its causes and effects in order to take preventative
action and resolve issues for the long-term when tackling public protection
issues affecting residents in Renfrewshire. 
7. Environmental Health Officers: Key Processes and Legislation 
7.1 Environmental Health Officers deal with statutory nuisance. A statutory
nuisance occurs when the activity of an individual or business on their own
premises unreasonably detracts from another’s enjoyment of their property or
causes a risk to public health. 
7.2 In the case of statutory nuisance processes, a set of procedural steps are
followed which range from visits to the source of the issue; mediation
referrals; and verbal and written warnings, up to issuing of abatement notices
and Fixed Penalty Notices. A full process map for Renfrewshire Council’s
Environmental Health response to statutory nuisance is set out in Appendix 2. 
7.3 Most cases are resolved in the early steps of the process without the need for
further escalation. This can include liaising with Renfrewshire Council Housing
Service, Registered Social Landlords, social services, Community Safety and
organisations within the Community Safety Hub, including Police Scotland.
For the more persistent or serious cases of statutory nuisance the main levers
that can be used are:  
1. The Environmental Protection Act 1990: provisions within Section
79 of the Environmental Protection Act 1990 under Section 79 set out
what can and can’t be dealt with as statutory nuisance. This includes
nuisance due to noise, artificial light, smoke, odour, state or condition

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of premises, keeping of animals and accumulations of waste. There are
a number of exemptions to some of these matters, e.g. noise from
aircraft or traffic cannot be considered as a statutory nuisance.
2. Abatement Notice: a legal document that imposes specific
requirements on the recipient with timescales, to abate the nuisance or
mitigate to a point that it is no longer causing a nuisance. This includes
noise abatement notices. 
3. Fixed Penalty Notice: before a Fixed Penalty Notice is issued
under the Environmental Protection Act, an Abatement Notice must
have been served. The Abatement Notice must have expired without
the problem being resolved and there must be a further breach of the
Abatement Notice before a Fixed Penalty Notice can be served. If the
Abatement Notice required the recipient to prevent recurrence of the
problem, further Fixed Penalty Notices can be issued for each
subsequent breach of the Abatement Notice. However, under such
circumstances it would be considered more appropriate to report the
offender to the Procurator Fiscal, recommending prosecution, rather
than repeated issuing of Fixed Penalty Notices. 
7.4 In instances where Environmental Health Officers are unable to verify
complaints, or where the nuisance doesn’t meet levels required for statutory
nuisance action to be taken, there is specific provision within the
Environmental Protection Act 1990 for the complainant to take civil action
through the Sheriff Court. This would be at the complainant’s cost, although
costs may be awarded if they are successful. 
8. Community Safety Team: Key Processes and Legislation 
8.1 The Community Safety Team and multi-agency partners within the
Community Safety Partnership deal with antisocial behaviour. The Antisocial
Behaviour (Scotland) Act 2004 states that a person engages in antisocial
behaviour if someone acts “in a manner that causes or is likely to cause alarm
or distress; or pursues a course of conduct that causes or is likely to cause
alarm or distress to at least one person who is not of the same household as
them”. A process map for the overall response to antisocial behaviour is set
out in Appendix 3. 
8.2 Most complaints are resolved in the earlier stages of the process through
early intervention measures, and cross-service working in the Council and in
the Community Safety Hub. For persistent antisocial behaviour the main
levers that can be used are:  
1. The Antisocial Behaviour (Scotland) Act 2004: the Act makes
provision in connection with antisocial behaviour to deal with people
who cause alarm, distress or annoyance to members of the public.
2. Interim Antisocial Behaviour Orders: interim orders allow the
Sheriff Courts to grant an order designed to prevent antisocial
behaviour prior to a full court hearing (around 6 weeks). The
application is made at the same time as for the full ASBO and is
available to provide more immediate protection from antisocial
behaviour, but can impose the same prohibitions and has the same
penalties for breach as full ASBOs but do not impact on security of

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tenure. The provisions in the Housing (Scotland) Act 2001 are only
related to the granting of full ASBOs. 
3. Antisocial Behaviour Orders (ASBOs): are preventative orders
intended to protect people in the community affected by antisocial
behaviour from further acts or conduct that would cause them alarm or
distress. ASBOs are court orders which prohibit, either indefinitely or
for a specified period of time, the individual from doing anything
described in the order. An ASBO is made in the civil court, however,
breach of an order is a criminal offence. 
8.3 ASBOs can be used to deal with antisocial behaviour wherever it occurs,
provided the person(s) affected by the behaviour and the person behaving
antisocially are not of the same household. They are not restricted to dealing
with neighbour issues. 
8.4 Guidance produced in relation to ASBOs states that applications should be
considered in the context of wider strategies to prevent antisocial behaviour,
and that prevention is better than cure and authorities will want to consider a
range of options such as mediation, support services and voluntary
agreements before pursuing legal action. 
8.5 While registered social landlords, including Renfrewshire Council’s Housing
Service, may seek antisocial behaviour orders or even eviction as a last
resort, they have no powers to evict private tenants and/or owner occupiers.
However, other services within the Council and Police Scotland may have
some powers that can be used to influence people to modify their behaviour
depending on the nature and severity of the complaint, e.g. a private landlord
who fails the ‘fit and proper’ test by not dealing with antisocial behaviour of
tenants could have their landlord registration licence revoked under Section 8
of the Antisocial Behaviour (Scotland) Act 2004. 
8.6 All services dealing with neighbour disputes and wider antisocial behaviour
understand the importance of keeping the complainant updated throughout
and this forms a key part of all processes, while still ensuring confidence is
maintained. 
9.  Antisocial Behaviour National Review 
9.1 The Scottish Government Review on Antisocial Behaviour was published on
7th November 2023 and advocates a refreshed, long-term approach to
antisocial behaviour, with a more preventative and supportive focus in
preventing antisocial behaviour from occurring in the first place. This was
based on discussions with key stakeholders across Scotland including those
who have experienced antisocial behaviour, frontline staff seeking to prevent
and tackle antisocial behaviour and community and equality groups. 
9.2 There was also a recognition of the age of the antisocial behaviour legislation
and societal changes over the subsequent 20 years. The review
recommended an independently chaired group of experts, including statutory,
non-statutory and voluntary service providers and key community
representatives to develop a long-term framework for addressing antisocial
behaviour.  This will have a strong focus on steps that can be taken to prevent

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antisocial behaviour in the first place as well as considering the effectiveness
of current approaches to tackling antisocial behaviour that does occur. 
9.3 Further consideration as part of the refresh may also include: 
- the definition of antisocial behaviour 
- legislation and guidance 
- powers 
- reporting, including support and outcomes 
- general approach, including partnership working and public information 
- person-centred and trauma-informed approaches 
10.  Next Steps 
10.1 The next report to Board in May will provide a final summary of the overall
review and seek approval for its submission to full Council. 
10.2 To ensure the broadest review of the process, this review will continue to
speak to all key stakeholders, including residents with lived experience of
neighbour disputes and anti-social behaviour. This will help to identify any
potential gaps in service provision or areas in the process where
improvements could be made from a service user point of view through
embedding learning from those who have been through the process.

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Implications of the Report 
1. Financial - None directly arising from this report.  
2. HR & Organisational Development - None directly arising from this report. 
3. Community/Council Planning - None directly arising from this report.   
4. Legal - None directly arising from this report. 
5. Property/Assets – None directly arising from this report. 
6. Information Technology – None directly arising from this report. 
7. Equality and Human Rights - The Recommendations contained within this report
have been assessed in relation to their impact on equalities and human rights. No
negative impacts on equality groups or potential for infringement of individuals’
human rights have been identified arising from the recommendations contained in the
report because relates to carrying out an investigation on behalf of the Board. If
required following implementation, the actual impact of the recommendations and the
mitigating actions will be reviewed and monitored, and the results of the assessment
will be published on the Council’s website.     
8. Health and Safety - None directly arising from this report. 
9.  Procurement - None directly arising from this report. 
10. Risk - None directly arising from this report. 
11.  Privacy Impact - None directly arising from this report. 
12. COSLA Policy Position - None directly arising from this report. 
13. Climate Risk - None directly arising from this report.
___________________________________________________________________ 
Appendix 1: Housing Process Map
Appendix 2: Environmental Health Process Map
Appendix 3: Antisocial Behaviour Process Map 
List of Background Papers: 
Audit, Risk and Scrutiny Board Annual Programme
Neighbour Disputes Paper - Audit, Risk and Scrutiny Board, January 2023
Neighbour Disputes Paper - Audit, Risk and Scrutiny Board, March 2023
Neighbour Disputes Paper - Audit, Risk and Scrutiny Board, January 2024 
Author:   Roz Smith, Climate Emergency Lead Officer, Chief Executive’s Service

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Appendix 1: Housing Process Map for Categories B & C (Antisocial Behaviour and
Nuisance Cases 
Action        Timescale 
COMPLAINT RECEIVED
Acknowledge receipt of
complaint
Day complaint received
Make contact with
complainant
3 working days
Make contact with
witnesses/neighbours
Establish if other agencies involved and
link in, e.g. Police, Social Work 
ADVISE COMPLAINANT
AND UPDATE RECORDS
Assess and update case with details of
interviews/findings
Visit person complained
about with witness
FIRST WARNING ISSUED
FOR TENANCY BREACH
Complaint unjustified
Complaint justified
No access at visit: hand deliver
invitation for meeting 2 working
days hence
HAND DELIVER WARNING
LETTER WITH WITNESS FOR
TENANCY BREACH
Failure to attend interview
Letter to both parties advising of mediation service and
referral to mediation (unless criminal charges are pending)
1 working day after
interviews concluded/
warning issued
Consider support referral, e.g. Housing Support, Victim
Support, Social Work
Update records and update complainant(s)
5 working days
1 working day
1 working day
1 working day
1 working day
2 working days

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Action        Timescale 
IF FURTHER COMPLAINTS ARE RECEIVED WITHIN 12 WEEKS OF 1ST WARNING BEING ISSUED
Previous complaint investigation
process is followed 
Visit person complained about
with witness
SECOND WARNING ISSUED
FOR TENANCY BREACH
Complaint justified
IF FURTHER COMPLAINTS ARE RECEIVED WITHIN 12 WEEKS OF 2ND WARNING BEING ISSUED
Previous complaint investigation
process is followed 
Discuss case with Local Housing
Manager and prepare for authorisation 
Complaint justified
1 working day
Email case file to the Senior Tasking and Deployment
Coordinator and arrange joint visit to interview person
complained about to issue
FINAL WARNING FOR TENANCY BREACH
2 working days
Update complainant(s) Day warning issued
CASE NOW ESCALATED FOR COMMUNITY SAFETY PARTNERSHP
INVESTIGATION TO TAKE PLACE AND THE LEAD COMMUNITY SAFETY
INVESTIGATOR WILL BECOME THE KEY CONTACT FOR COMPLAINERS
AFTER THE FINAL WARNING IS ISSUED

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Appendix 2: Environmental Health Process Map for Statutory Nuisance Cases 
Action        Timescale 
Make contact with
complainant
3 working days
Initial informal contact with source of issue to raise
awareness of complaint and give opportunity to
resolve (source can be unaware so can resolve
without need for further intervention)
ADVISE COMPLAINANT
AND UPDATE RECORDS
Assess and update case
with details of findings
Nuisance stops
Refer to mediation service
where appropriate
COMPLAINT RECEIVED
Acknowledge receipt of
complaint
As soon as
practicable
Day complaint received
Determined on a case
by case basis Visit complainant to verify issue
Nuisance complaint
ongoing
Unable to witness/verify
complaint
Update complainant on
steps taken
Noise complaints: MATRON
noise recording system may be
implemented at this stage if
appropriate
Witness complaint but
not at statutory nuisance
threshold
IF UNHAPPY WITH
OUTCOME, ADVISE
COMPLAINANT OF
ALTERNATIVE COURSES OF
ACTION, E.G. CIVIL CASE,
AND UPDATE RECORDS
Statutory nuisance threshold met
and action can be taken
Verbal warning
FINAL WARNING
Update complainant on
steps taken
Determined on a case
by case basis
As soon as
practicable
Further investigation
find nuisance ongoing

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Action       Timescale 
REPORT TO PROCURATOR
FISCAL
STATUTORY NUISANCE WITH NO RESOLUTION FOLLOWING FINAL WARNING
ISSUE ABATEMENT NOTICE
With reasonable time to comply
After reasonable time
has passed with failure 
to comply for nuisance
to be stopped or
mitigated to a point it
is no longer causing
nuisance
Case is closed on system*
Compliance
ISSUE FIXED PENALTY NOTICE
Non Compliance of Notice
* In cases such as accumulated waste, if an abatement notice
is served and waste is cleared then the Notice has been
complied with. However, if the same issue occurs a few
months later, the Notice remains live and can be enforced,
requiring compliance at that time.
Repeated Non Compliance
Issuing of Fixed Penalty
Notice or reporting to
the Procurator Fiscal is
determined by Officers
at the time of non-
compliance

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Appendix 3: Antisocial Behaviour Process Map 
Private tenant/ owner occupier 
(direct to ASB team)
Charged with serious crime 
(incl. drug dealing; hate crime; violence; sexual
offences
EVICTION/ASBO/SSST
CONSIDERED
ON CONCLUSION OF COURT
PROCEEDINGS, EVICTION/
ASBO/SSST CONSIDERED
ASBO CONSIDERED BY
RENFREWSHIRE COUNCIL
Notified by Police
Scotland during Daily
Tasking
Neighbours/ 3rd
Party
Private landlord/
tenant  Elected Member Housing Officers
/ Wardens 
Mediation offered/considered (Some cases may conclude at this stage)
Persistent Antisocial Behaviour
Housing Officer/ Investigator
investigates complaints from
tenants 
Support agencies contacted
to provide appropriate
support (e.g. housing support)
Tenancy/ASB warnings where
corroborated ASB from more
than one source within a 12
week period
On 3rd warning being given,
case transferred to Antisocial
Behaviour Investigation Team
Witnesses and complainer
contacted
Support offered and multi-
agency action plan agreed
Case monitored where ASB
continues/formal warnings
issued
Referred directly to Antisocial
Behaviour Investigation Team
Witnesses and complainer
contacted
Support agencies contacted and
support provided as appropriate,
(e.g. housing, mental health, adult
services)
Monitor court proceedings
Support agencies contacted
to provide appropriate
support (e.g. housing support)
Tenancy/ASB warnings
where corroborated ASB
from more than one source
Witnesses and complainer
contacted
Case monitored where ASB
continues/formal warnings
issued
Eviction considered by
landlord of tenant