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Agenda Document Pack - Housing and Community Safety Committee - 25/06/2024

Moray Council · 25 June 2024
Back to Housing and Community Safety Committee — 25 June 2024 and its agenda

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Housing and Community Safety Committee 
Tuesday, 25 June 2024 
NOTICE IS HEREBY GIVEN that a Meeting of the Housing and Community Safety
Committee is to be held at Council Chambers, Council Office, High Street, Elgin,
IV30 1BX on Tuesday, 25 June 2024 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Resolution
Consider, and if so decide, adopt the following resolution:
"That under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting for Item 12 of business
on the grounds that it involves the likely disclosure of exempt
information of the class described in the relevant Paragraphs of Part 1
of Schedule 7A of the Act.”   
4 Minute of meeting dated 7 May 2024 7 - 12
5 Written Questions ** 
6 Moray Affordable Housing Investment Programme
Report by Depute Chief Executive (Economy, Environment and
Finance)  
13 - 20
7 Antisocial Behaviour Policy
Report by Depute Chief Executive (Economy, Environment and
Finance)  
21 - 82
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8 Allocations Policy Annual Performance Report 2023-24
Report by Depute Chief Executive (Economy, Environment and
Finance)  
83 - 92
9 Performance Report (Housing and Property Services) -
Period to March 2024
Report by Depute Chief Executive (Economy, Environment and
Finance)  
93 -
100
10 Housing and Property and Economic Growth and
Development Services - Service Plans 2024-25
Report by Depute Chief Executive (Economy, Environment and
Finance)  
101 -
114
11 Housing and Property Services - Unaudited Outturn as
at 31 March 2024
Report by Depute Chief Executive (Economy, Environment and
Finance)  
115 -
124 
Item(s) which the Committee may wish to consider with
the Press and Public excluded   
12 Building Services Trading Operation Budget 2023-24 -
Budget Monitoring [Para 9]
• 9. Information on terms proposed or to be proposed by or to the
Authority; 
Information Reports - Not for Discussion at this Meeting
Any member wishing to call in a noting or information report from one
meeting shall give notice to Committee Services at least 48 hours
before the meeting for which the report is published. The Notice shall
be countersigned by one other elected member and shall explain the
reason for call in including any action sought. 
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Summary of the Housing and Community Safety
Committee functions:
To deal with matters relating to Housing/HMOs, Housing Regeneration,
Homelessness, Social Inclusion, Equalities, Community Safety, Anti-
Social Behaviour (including road accidents) and Community Liaison.     
Watching the Meeting
You can watch the webcast live by going to: 
http://www.moray.gov.uk/moray_standard/page_43661.html    
Webcasts are available to view for 1 year following the meeting.  
You can also attend the meeting in person, if you wish to do so,
please come to the High Street entrance door and a member of
staff will be let into the building. 
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
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MORAY COUNCIL 
Housing and Community Safety Committee 
SEDERUNT 
Councillor Amber Dunbar  (Chair)
Councillor Donald Gatt  (Depute Chair)  
Councillor James  Allan  (Member)
Councillor Neil Cameron  (Member)
Councillor John Divers  (Member)
Councillor Jérémie Fernandes  (Member)
Councillor David Gordon  (Member)
Councillor Juli Harris  (Member)
Councillor Sandy Keith  (Member)
Councillor Marc Macrae  (Member)
Councillor Paul McBain  (Member)
Councillor Shona Morrison  (Member)
Councillor Derek Ross  (Member)
Councillor John Stuart  (Member)
Councillor Sonya Warren  (Member)  
Ms Alison Angus  (Non-Voting Member)
Ms Jane Bartecki  (Non-Voting Member)
Ms Elizabeth McKnockiter  (Non-Voting Member)
Clerk Name: Lissa Rowan
Clerk Telephone: 07765 741754
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Housing and Community Safety Committee 
Tuesday, 07 May 2024 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor James  Allan, Ms Alison Angus, Ms Jane Bartecki, Councillor Neil
Cameron, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie
Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Sandy
Keith, Councillor Scott Lawrence, Councillor Marc Macrae, Councillor Paul McBain,
Ms Elizabeth McKnockiter, Councillor Shona Morrison, Councillor Derek Ross,
Councillor John Stuart 
IN ATTENDANCE 
Depute Chief Executive (Economy, Environment and Finance), Head of Housing
and Property Services, Acting Head of Economic Growth and Development,
Environmental Health and Trading Standards Manager, Property Services
Manager, Housing Services Manager, Housing Strategy and Development
Manager, Housing Needs Manager, Building Services Manager, Ms D Murray,
Senior Housing Officer, Mrs G Anderson, Senior Solicitor and Mrs L Rowan,
Committee Services Officer as Clerk to the Committee. 
1 Chair 
Councillor Dunbar, being Chair of the Housing and Community Safety Committee,
chaired the meeting. 
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct, there
were no declarations from Group Leaders or Spokespersons regarding any prior
decisions taken on how Members will vote on any item on the agenda.  
Councillor Dunbar declared an interest in Item 10 "Moray Affordable Housing
Investment Programme" stating that she could potentially have a future interest in
the Acquisitions Programme and stated that she would leave the Chamber during
consideration of this item and that Councillor Gatt would assume the role of Chair.  
There were no further declarations of Member’s interests in respect of any item on
the agenda.   
3         Resolution 
Item 4
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The Committee resolved that under Section 50A (4) and (5) of the Local
Government (Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting for the items of business detailed
below, on the grounds that it involves the likely disclosure of exempt information of
the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the
Act. 
Paragraph Number of
Minute 
Paragraph Number of Schedule 7a and Reason 
10 9 - Information on terms proposed or to be proposed
by or to the Authority. 
4         Minute of meeting dated 13 February 2024 
The Minute of the meeting of the Housing and Community Safety Committee held
on 13 February 2024 was submitted and approved. 
5        Written Questions 
The Committee noted that no written questions had been submitted.   
6         Community Safety Strategy Annual Report 2023 
The Committee had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) providing information on the Community Safety Annual
Report 2022/23.  
During discussion surrounding the identified hotspots of antisocial behaviour in
Elgin, it was noted that the Annual Report listed these as the Town Centre, Cooper
Park, and Alexandra Road. It was presumed that Alexandra Road referred to the
Bus Depot, and there was a request for this to be clearly stated in the report to
reassure the public about the targeted efforts of the Anti-Social Behaviour (ASB)
Task and Finish Group in these areas. 
In response, the Environmental Health and Trading Standards Manager agreed to
this request.  
During further discussion, it was noted that the root of antisocial behaviour often
stems from poverty, and it was queried whether a representative from the Income
Maximisation Team or the Benefits Team could be included in the Moray
Community Safety Strategic Group (CSSG).  
In response, the Environmental Health and Trading Standards Manager advised
that she would extend an invitation to both the Income Maximisation Team and the
Benefits Team to join the CSSG.  
Following consideration, the Committee unanimously agreed to:  
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i) note the findings of the annual report subject to references to Alexandra
Road being changed to the Bus Depot; 
ii) approve the recommendations within the report as set out in paragraph 3.7;
and 
iii) that a representative from the Income Maximisation Team and the Benefits
Team be invited to join the Moray Community Safety Strategic Group.    
7         Evaluation of Tenancy Sustainment Fund 
The Committee had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) detailing the review and evaluation of the Tenancy
Sustainment Fund (TSF), which was active during the rent campaign in March
2024, and is now seeking approval to establish it on a recurring basis.  
During discussion, Councillor Gatt raised concern that 1 in 6 tenants appeared to
be in rent arrears and encouraged further engagement with tenants to establish
any underlying reasons. Councillor Gatt supported the use of the Tenant
Sustainment Fund as a positive way to reduce rent arrears however moved that
recommendation 2.1 iii) be amended to "approve the establishment of a TSF for
financial year 2024/25 with a review in the next financial year, in line with the
principles set out in paragraphs 4.5 and 4.9".  This was unanimously agreed.  
Thereafter, the Committee unanimously agreed to:  
i) note the review and evaluation of the Tenancy Sustainment Fund (TSF) as
detailed in Section 4 of the report; 
ii) note the reduction in rent arrears achieved in March 2024 as detailed in
paragraph 4.7 of the report; 
iii) approve the establishment of a TSF for financial year 2024/25 with a review
in the next financial year, in line with the principles set out in paragraphs 4.5
and 4.9 of the report; and 
iv) delegate authority to the Head of Housing and Property to extend
protections under the rent harmonisation approach for adversely impacted
tenants and for discretion in applying a further rent-free period in ‘week 53’,
as set out in paragraph 4.10 of the report.    
8         Tenant Participation Strategy 2024-2029 
The Committee had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) presenting the revised draft Tenant Participation
Strategy (2024-2029) for approval, following a recent consultation with tenants.  
Following consideration, the Committee unanimously agreed to:  
i) note the feedback received during the consultation period; 
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ii) approve the revised draft Tenant Participation Strategy 2024-2029 for
implementation as set out in Appendix I of the report; and 
iii) note that there were no changes made to the Integrated Impact Assessment
(IIA) at Appendix II of the report, following the consultation.   
9         Housing Investment 2024-25 
Under reference to paragraph 8 of the Minute of the meeting of Moray Council
dated 28 February 2024, a report by the Depute Chief Executive (Economy,
Environment and Finance) informed the Committee of the planned investment
work included within the Housing Investment Programme 2024-25, for which
budget had been approved.  
Following consideration, the Committee unanimously agreed to:  
i) note the planned works which will improve the Council’s Housing stock; 
ii) approve the improvement actions detailed in Appendix II of the report; and 
iii) delegate authority to the Head of Housing and Property, in consultation with
the Chief Financial Officer and Chair of this Committee, to bring forward
budgetary provision from future years in line with capacity to deliver per
paragraph 4.2 of the report.   
10         Moray Affordable Housing Investment Programme 
Councillor Dunbar, having declared an interest in this item, left the meeting at this
juncture and Councillor Gatt, being Depute Chair of the Committee, assumed the
role of Chair.  
Under reference to paragraph 9 of the Minute of the meeting of this Committee
dated 13 February 2024, a report by the Depute Chief Executive (Economy,
Environment and Finance) informed the Committee of progress on the Affordable
Housing Investment Programme in Moray.  
During discussion surrounding the new phases of the Banff Road Development in
Keith, it was queried whether the Elected Members could visit the site near
completion to better understand modern technologies being used in homes such
as air source heating.  
In response, the Housing Strategy and Development Manager agreed to arrange
for Elected Members to attend a site visit to the Banff Road Development in Keith
near completion of the development.  
Following consideration, the Committee unanimously agreed:  
i) to note the resource planning assumption received from the Scottish
Government and its implications for the development programme; 
ii) to note progress on the Moray Affordable Housing Investment Programme; 
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iii) to note progress on delivery of housing at Bilbohall, Elgin; 
iv) to note progress on the delivery of the Council’s new build and acquisition
programme; and 
v) that arrangements be made for Elected Members to attend a site visit to the
Banff Road Development in Keith near completion of the development.  
Councillor Dunbar re-joined the meeting at this juncture.    
11         Building Services Trading and Operation Budget 2024-25 - Annual
Budget [Para 9] 
Under reference to paragraph 9 of the Minute of the meeting of this Committee
dated 9 May 2023, a report by the Depute Chief Executive (Economy, Environment
and Finance) presented the Building and Services Trading Operation Budget for
2024/25.  
Following consideration, the Committee unanimously agreed to:  
i) approve the proposed Building Services Trading Operation Budget
for 2024/25, as detailed in section 5 and Appendix I of the report; 
ii) approve the service development proposals at a cost of £235k as detailed in
section 6 of the report; 
iii) note the 2024/25 Building Services business priorities highlighted in section
7 of the report; and 
iv) note the Building Services anticipated key performance outputs for 2024/25,
as set out in section 8 of the report. 
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REPORT TO: HOUSING AND COMMUNITY SAFETY COMMITTEE ON 25
JUNE 2024 
SUBJECT: MORAY AFFORDABLE HOUSING INVESTMENT PROGRAMME 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee of progress on the Affordable Housing Investment
Programme in Moray.   
1.2 This report is submitted to Committee in terms of Section III G (10) of the
Council's Scheme of Administration relating to the preparation and
implementation of strategic housing plans. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee:- 
i) notes the resource planning assumption received from the
Scottish Government and its implications for the development
programme; and 
ii) notes the outcomes from the engagement with partners and
stakeholders detailed in paragraphs 4.5 & 4.6 and approves the
proposed prioritisation of the Housing Investment Programme set
out in Appendix I. 
3. BACKGROUND 
3.1 The Council receives an annual resource planning assumption (RPA) from
the Scottish Government’s More Homes Division to fund the supply of new
affordable housing in Moray. The Council’s Strategic Housing Investment
Plan (SHIP) determines how this funding will be used to plan and deliver the
affordable housing priorities of the Local Housing Strategy. The investment
and project priorities set out in the SHIP form the basis of an annual
Strategic Local Programme Agreement (SLP) between the Council and the
Scottish Government. The SLP details the projects that will be funded during
the year, the affordable housing developers who will deliver them, the targets
for grant expenditure and the milestones by which progress on delivery will
Item 6
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be measured. The Council and Registered Social Landlords (RSLs) are the
principal developers of affordable housing in Moray. 
3.2 On 21 November 2023, this Committee approved the Council’s SHIP (para 9
of the Minute refers). 
3.3 On 13 February 2024, this Committee was advised of the likelihood that the
previously advised RPA would be reduced for 2024/25 (para 9 of the Minute
refers) and agreed a rationale for reprioritisation and reprofiling of projects
anticipated to start during 2024/25/26. The agreed priorities are: 
• corporate and strategically important projects, i.e. Bilbohall; Speyview,
Aberlour;
• supported housing for people with learning disabilities i.e. Woodview2,
Lhanbryde; Western Village, Elgin South;
• Growth Deal and Levelling Up Fund Housing Mix Project developments
i.e. South Street/High Street, Elgin; Dallas Dhu, Forres;
• NHS key worker housing, to be agreed following the publication of NHS
Housing Need Assessment currently in development; and
• Open market acquisition of long-term empty homes. 
3.4 On 7 May 2024, this Committee was advised that, as anticipated, the RPA
for 2024/25 had been substantially reduced to £6.556m (para 10 of the draft
Minute refers). 
4. MORAY STRATEGIC LOCAL PROGRAMME (SLP) 
Resource Planning Assumption 2024/25 (RPA)
4.1 On 28 March 2024, Moray Council received notification of the RPA for
2024/25, i.e. £6.556m. This RPA is reduced from that expected and detailed
in Para 3.2 above but is consistent with reductions in RPA across Scotland
following the Scottish Government budget announcement on 19 December
2023.   
4.2 On 22 May 2024 the Scottish Government advised that the RPA had been
increased slightly to £6.758m for 2024/25. There is no indication of RPA for
2025/26 or beyond.   
4.3 At the time of writing, the distribution of the funds announced by the First
Minister on 26 April 2024, i.e. additional £80m over two years, has not yet
been finalised by the Scottish Government. It is understood that these
additional funds are to be used for open market purchases only, not new
build development. 
4.4 The following tables illustrate the affordable housing programme where
construction has already commenced, or where the project fits with the
prioritisation previously agreed, and where the 2024/25 RPA has not been
exceeded: 
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Currently under construction 
Site Town No of
units Landlord Completion
date (est)
Banff Road Phase 2 Keith 26 Moray Council Jan 2025
Kineddar Meadows Lossiemouth 10 Osprey Housing Jul 2024
Speyview Phase 1 Aberlour 39 Moray Council Jun 2025
Findrassie Ph2b Elgin 16 Grampian HA Sept 2024
Western Village, Elgin
South Elgin 44 Grampian HA TBC
Total 135   
Site start expected during 2024/25 
Site Town No of
units Landlord Site start
(est)
High St/ South St
redevelopment Elgin 38 Places for
People Nov 2024
Bilbohall Phase 1 (R2) Elgin TBC Moray Council Jan 2025
Total TBC   
4.5 Officers completed programme of engagement with partners and
stakeholders key to the delivery of the affordable housing programme, to
discuss the implications for them of the reduced RPA and uncertainty
regarding future years.   
4.6 In summary, through this engagement programme, it has become clear that
there are some conflicting priorities competing for a finite amount of funding,
but where potential solutions could be a combination of: 
• determining organisations’ capacity to front fund development, i.e.
consider the increased borrowing costs until Scottish Government grant
can be accessed;
• phasing/rephasing of development; and 
• considering alternative sources of funding. 
4.7 The detail of how each development previously planned to start during
2024/25 and 2025/26 are potentially impacted along with the outcomes from
those engagement discussions are set out in APPENDIX I.   
4.8 Officers will continue to maintain a substantial shadow programme of
developments. Should additional grant funding become available, officers will
be able to bring a project(s) forward from the shadow programme, in
accordance with the priorities agreed by this Committee in May 2024 (para
10 of the draft Minute refers) and set out in Para 3.3 above.   
4.9 Progress on programme delivery will be reported to this Committee on a
biannual basis. 
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5. BILBOHALL 
5.1 The R7 site which forms part of the Bilbohall Masterplan (formerly The Firs),
is not part of the planning application currently under consideration. 
However, the existing buildings at The Firs continue to attract antisocial
behaviour and vandalism. The site has been secured with Heras fencing, but
occasional antisocial behaviour has caused nuisance to the neighbouring
homeowners at Fairfield Avenue. 
5.2 Officers have instructed the Bilbohall design team to develop a feasibility
study providing options for development. This feasibility study has provided 5
options which include a combination of retention/demolition of some/all of the
existing buildings, and retention of the existing road/development of the
consented new road through the site. 
5.3 In December 2023, officers included redevelopment of The Firs in options
presented to NHS Grampian to meet their key worker housing need.   
5.4 Officers intend to survey the existing buildings in more detail, complete a
value for money assessment of these options, and reach a decision on the
future of the existing buildings by the end of 2024. 
6. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP) 
Addressing the shortage of affordable housing in Moray is a key priority
of the Corporate Plan and 10 Year Plan, the Council’s Local Housing
Strategy and Strategic Housing Investment Plan (SHIP) and the
Housing and Property Service Plan. The Strategic Local Programme
reflects priorities for investment in the provision of new affordable
housing to meet need identified in the Local Housing Strategy. 
The affordable housing programme supports the aims of the 10 Year
Plan by providing new affordable housing for an increasing population
and a growing and diversifying economy. The target of 50 Council
house completions per annum will be delivered within the investment
planning and funding framework provided by the programme. 
(b) Policy and Legal 
The affordable housing supply programme contributes to meeting the
Council’s statutory duties to address homelessness and meet housing
need in Moray. 
(c) Financial implications 
The report provides details of the resources being made available by
the Scottish Government to part-fund affordable housing in Moray. The
Council has agreed that 50 new council houses will be built per annum.
The current HRA Business Plan has made provision for the level of
borrowing required to part-fund the Council’s housebuilding
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programme. The Housing Service intends to complete a further review
of the HRA Business Plan by Dec 2024. 
(d) Risk Implications
The lack of RPA beyond 2024/25 is a significant risk to larger
developments where construction costs may extend beyond one
financial year. Moray Council and RSL Boards may be unable to
commit to a project if the Scottish Government funding commitment is
unconfirmed. 
There is a risk that slippage or reduction in the programme will result in
loss of Scottish Government More Homes Division grant funding to
Moray, with the funds diverted to other LAs.   
The programme may be impacted by economic and market conditions
and site-specific issues as developments proceed. In particular, interest
rates and potential front funding will impact on the cost of development. 
There are processes in place to manage these risks and mitigations
considered. 
(e) Staffing Implications 
There are no staffing implications arising from this report. 
(f) Property
The report details the ongoing programme for development of additional
affordable housing in Moray in response to strategic needs and
specifically the Council new build programme to increase the Council’s
own supply of affordable housing. 
(g) Equalities/Socio Economic Impact 
The housing needs of equalities groups are identified in the Local
Housing Strategy (LHS). The Moray Affordable Housing Programme
seeks to deliver the housing priorities identified in the LHS. 
(h) Climate Change and Biodiversity Impacts
The aims of the affordable housing programme are closely aligned to
the Council’s Climate Change Strategy, and Local Heat and Energy
Efficiency Strategy (LHEES). 
(i) Consultations 
This report has been subject to consultation with the Depute Chief
Executive (Economy, Environment and Finance), the Head of Housing
and Property Services, Legal Services Senior Solicitor, Georgina
Anderson, the Property Asset Manager, the Head of Economic Growth
and Development, the Strategic Planning and Development Manager,
the Chief Financial Officer and Lissa Rowan, Committee Services
Officer. 
7. CONCLUSIONS 
7.1 The report provides details of an update on the current and future
affordable housing investment programme, including the recently
revised Resource Planning Assumption for 2024/25.  The report
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provides a summary of a series of stakeholder engagement
discussions with details of the implications for individual
developments presented in APPENDIX I. 
Author of Report: Fiona Geddes, Housing Strategy and Development
Manager
Background Papers: with author
Ref: SPMAN-1285234812-1572
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Page 1
Moray Affordable Housing Programme APPENDIX I
Revised Delivery programme 2024/25–2025/26
Development Priority
category
No of
units
Social
Landlord
Existing
SHIP
site
start
Revised
funding
availability
Issues
Banff Road,
Keith Phase 2
On site  26 Moray
Council
2023/24 On site Construction underway therefore SG funding is
committed.  Completion anticipated February 2025.
Kinneddar
Meadows,
Lossiemouth
On site 10 Osprey
Housing
2024/25 2024/25 Construction underway therefore SG funding is
committed.  
Speyview
Phase 1
Growth Deal/
Location/
Deliverability
39/
31
Moray
Council
2024/25 2024/25 SG funding already formalised prior to amended RPA
notification.  SG funding commitment will extend across
2024/25 and 2025/26.  SG funding has already been
formalised for Phase 2 land acquisition.  Economies could
be achieved through construction of both phases running
consecutively, but this may require HRA front funding if
SG funding is not available in 2025/26.
Western Village,
Elgin South
LD supported
housing/
Deliverability
44 Grampian
HA
2024/25 2024/25 SG funding commitment given via agreed Strategic Local
Programme dated July 2023. Planning application
determination pending.  Site start anticipated in June
2024.  SG funding commitment will extend across
2024/25 and 2025/26.  GHA will provide some front
funding during 2024/25 until 2025/26 SG grant allocation
becomes available.
High Street/
South Street,
Elgin
redevelopment
Growth
Deal/Levelling
Up Fund/
deliverability
38 Places
for
People
2024/25 2026/27 The Levelling Up Fund must be spent by March 2026. 
Potential for site start during 2024/25 remains as GD
funds can be accessed initially, with an element of RSL
front funding thereafter, until SG grant becomes available
in 2026/27.  This development was one option presented
Item 6
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Page 2
Development Priority
category
No of
units
Social
Landlord
Existing
SHIP
site
start
Revised
funding
availability
Issues
to NHS Grampian in December 2023 to meet their key
worker need.
Bilbohall, Elgin Corporate
priority
106 Moray
Council
2024/25 2025/26 Planning application determination pending.  Forthcoming
HRA Business Plan review due by November 2024 will
assess the potential for HRA to front fund construction,
pending draw down of grant, possibly over 4+ years.  To
draw down grant over a shorter term could compromise
ability to fund other projects, i.e. High Street/South Street,
Elgin.
Garmouth Rd,
Lhanbryde
(Woodview2)
LD supported
housing
30 Grampian
HA
2024/25 2026/27 at
the earliest
Provision for LD Supported Housing is a key action in the
LHS and SHIP.  LD housing has recently been
reassessed through the HNDA 2023.  GHA have recently
completed a tender exercise to procure a contractor.  To
provide grant funding sooner than 2026/27 could
compromise funding available other projects i.e. High
Street/South Street, Elgin and Bilbohall.  Phasing delivery
options and alternative means of providing subsidy to
GHA could be explored to allow earlier site start.  
Speyview
Phase 2
Growth Deal/
Location/
Deliverability
31 Moray
Council
2025/26 2027/28 Economies could be achieved through construction of
both phases running consecutively.  Potential to bring site
start forward to 2025/26, but this may require HRA front
funding if SG funding is not available.  Committing SG
funding to this project could compromise ability to fund
other projects. 
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REPORT TO: HOUSING AND COMMUNITY SAFETY COMMITTEE 25 JUNE
2024 
SUBJECT: ANTISOCIAL BEHAVIOUR POLICY 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee of the revised Antisocial Behaviour Policy, Housing
Service Neighbour Nuisance and Antisocial Behaviour Policy and to seek
approval for staffing changes within the teams. 
1.2 This report is submitted to Committee in terms of Section III (G) (12) of the
Council's Scheme of Administration relating to Community Safety and Anti-
Social behaviour (including road accidents) in partnership with other public
sector partners, voluntary sector and private sectors as appropriate. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
(i) approve the reviewed and updated Antisocial Behaviour Policy
(Appendix 1);
(ii) notes that two Community Wardens are being recruited in line
with recent budget allocation;
(iii) approves the revised Housing Service Neighbour Nuisance and
Antisocial Behaviour Policy for Moray Council tenants (Appendix
2); and
(iv) approves the proposed staffing adjustments within housing
detailed within paragraphs 3.6 and 3.7. 
3. BACKGROUND 
3.1 Under the Antisocial Behaviour etc (Scotland) Act 2004 each local authority
and the chief constable shall, acting jointly, prepare a strategy for dealing with
antisocial behaviour within the authority’s area.  For Moray this is included
within the Community Safety Strategy 2022-2026 as endorsed by the
Community Planning Board on the 21 September 2022 Item 6. 
Item 7
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3.2 The Antisocial Behaviour (ASB) Policy and Procedure as approved by the
Communities Committee 23 April 2013 (para 14 of the minute refers) has
been reviewed and updated (APPENDIX 3). This policy removes all
procedural elements which are now contained in a separate operational
document.  This ensures the Policy is clearly identified. 
3.3 The ASB policy sits within a range of policies and procedures to tackle ASB
across all ages, services and organisations.  It clearly identifies which policy
or procedure applies depending on age or behaviour being exhibited.   
3.4 The updated ASB Policy defines what is meant by Antisocial Behaviour and
the hierarchy of actions/interventions taken by Moray Council and partners to
tackle behaviour identified as antisocial. The escalation and ultimate
consequences are clearly identified for those exhibiting the ASB and those
being affected by it. 
3.5 This policy works alongside the Housing Service’s Neighbour Disputes and
Antisocial Behaviour policy in relation to Council tenants which has also been
revised for approval. 
3.6 It is proposed that the Housing Service will augment the corporately resourced
enhancement of the Community Warden service by funding one additional
Community Warden post and thereby ensuring that the overall provision
incorporates HRA landlord objectives alongside the wider community priorities
which were previously delivered by the existing housing Liaison Officer post 
3.7 The existing Housing Liaison Officer post, which has been funded by the HRA
but operationally situated within the Community Safety team, is presently
vacant and following a review of both structures and processes it has been
determined that it would make operational sense to delete this post and
replace it with a Housing Officer. This post would be situated within the wider
housing team but undertake specialist functions in relation to landlord
responsibilities for anti-social behaviour, neighbour nuisance and criminality
and provide a consistent point of contact for colleagues in Community Safety
and partner organisations including Police Scotland. 
3.8  There is budgetary provision available within the HRA budget for 2024/25 to
facilitate these service enhancements on an ongoing basis. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Assists in meeting the priorities of developing a diverse, inclusive and
sustainable economy; building a better future for our children and young
people of Moray and improving wellbeing of our population. 
(b) Policy and Legal
Statutory requirement in terms of Antisocial Behaviour Etc (Scotland) Act
2004. 
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(c) Financial implications
Additional recurring budget for two additional Community Wardens has
been allocated as a corporate priority within the general services budget
for 2024/25. The HRA will augment this with funding for a third post to
ensure that capacity to incorporate landlord requirements is available
within the team. The cost difference between the previous Housing
Liaison Officer post and the additional Housing Officer post will also be
met by the HRA, with both components being derived from the Service
Development budget of £200k. 
(d) Risk Implications
If policy is not delivered then there is an increased risk of increasing
antisocial behaviour across all ages and tenures but particularly in
youths.  Increased antisocial behaviour or perceived antisocial behaviour
reduces social interaction and economy which increases the risks of
antisocial behaviour. 
(e) Staffing Implications
In total three additional Community Warden posts (Grade 6) will be
created to incorporate corporate priorities and landlord responsibilities
within the overall service. The existing Housing Liaison Officer (Grade 6)
which is currently vacant will be deleted and replaced by an additional
Housing Officer (Grade 7/8) post, whose remit will be focussed on
undertaking landlord functions associated with anti-social behaviour,
nuisance and criminality and to align with the corporate and community
approaches. 
(f) Property
N/A. 
(g) Equalities/Socio Economic Impact
This policy is intended to provide protection to individuals and groups
whose quality of life is undermined by the antisocial behaviour of others. 
Individuals who experience prejudice, for example on the grounds of
race, religion, gender, age, disability, or sexual orientation may also be
more likely to be the victims of antisocial behaviour.  The measures
outlined are not intended to tackle behaviour that is merely different, or
behaviour that is the result of a medical or developmental condition or
mental health issue.   
(h) Climate Change and Biodiversity Impacts
None identified. 
(i) Consultations
Consultation on this report has taken place with the Depute Chief
Executive (Economy, Environment and Finance), Head of Housing and
Property, Acting Head of Economic Growth & Development, Chief
Financial Officer, Head of HR, ICT & ORG, Legal Services Manager, the
Equal Opportunities Officer and Lissa Rowan (Committee Services
Officer) and any comments have been incorporated into the report. 
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5. CONCLUSION 
5.1 The ASB policy clearly defines what is meant by Antisocial Behaviour
and actions that Moray Council will undertake when this has been
identified. 
5.2 The aims, principles and where this policy sits with other relevant
policies has been brought up to date. 
5.3 Removal of the procedural elements now provides a simpler document
that is easier to read and understand. 
5.4 The revised Housing Service Neighbour Nuisance and Antisocial
Behaviour Policy for Moray Council tenants ensures they are advised of
actions that can be taken in relation to their tenancy if tenancy
conditions are breached. 
Author of Report: Karen Sievewright, Environmental Health and Trading
Standards Manager 
Background Papers: 
Ref: SPMAN-813460984-560 
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Appendix 1
Moray Council ASB Policy review 24.3.2024.docx 1
MORAY COUNCIL
ANTISOCIAL BEHAVIOUR
POLICY 
Document Owner Karen Sievewright – ES&TS Manager
Reviewer Chrissy Stower – Lead Public Health Officer
Date of Review 25/9/2023
Version 2.0
Approved 
Date of next Review 
No index entries found. 
Item 7
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INDEX
Contents
Part I – General ....................................................................................................................................................... 4
1. Introduction .................................................................................................................................................... 4
2.  Antisocial Behaviour – A Definition ................................................................................................................ 4
Part II - Antisocial Behaviour Policy ........................................................................................................................ 4
3.1 Antisocial Behaviour Policy Statement ........................................................................................................... 4
3.2 Aims of Policy .................................................................................................................................................. 5
3.3  Principles of the Policy .................................................................................................................................... 5
3.4. Equal Opportunities and Human Rights .......................................................................................................... 5
3.5. Joint Working with Local Partners .................................................................................................................. 6
Part III - Early Action to Deal with Antisocial Behaviour ......................................................................................... 6
4.2 Review and Investigation of Complaint .......................................................................................................... 7
4.3 Formal Warning .............................................................................................................................................. 7
4.4  Mediation ........................................................................................................................................................ 7
4.5 Acceptable Behaviour Contracts (ABCs) ......................................................................................................... 7
4.6    Early Action Relative to Young People (12-15) .......................................................................................... 7
Part IV - Antisocial Behaviour Order Policy............................................................................................................. 8
5.2  ASBO Policy Statement ................................................................................................................................... 8
5.3 Aims of the ASBO Policy .................................................................................................................................. 8
5.4 Application for an ASBO .................................................................................................................................. 8
5.5 Decision to Apply for an ASBO ........................................................................................................................ 9
5.6 Consultation .................................................................................................................................................... 9
5.7 Procedure Before the Antisocial Behaviour Order Panel ............................................................................. 10
5.8 ASBOs to Address Criminal Conduct ............................................................................................................. 10
5.9 Terms of the ASBO ........................................................................................................................................ 10
5.10 Getting the Case Into Court .......................................................................................................................... 10
5.11 Interim ASBOs ............................................................................................................................................... 10
5.12 ASBOs for 12-15 year olds ............................................................................................................................. 11
5.13 Review of ASBOs ........................................................................................................................................... 11
5.14 Appeals .......................................................................................................................................................... 11
5.15 Variation or Revocation of ASBOs ................................................................................................................. 12
5.16 Breach of an ASBO ........................................................................................................................................ 12
5.17 Record of ASBOs ........................................................................................................................................... 13
5.18 Notification and Publicity .............................................................................................................................. 13
Part IV – Policy Audit ............................................................................................................................................ 14
6.  Monitoring and Evaluation ........................................................................................................................... 14
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6.2  Review ........................................................................................................................................................... 14
Appendix 1 ............................................................................................................................................................ 15
ANTISOCIAL BEHAVIOUR ORDER PANEL ............................................................................................................... 15
Appendix 2 ............................................................................................................................................................ 17
THE MORAY COMMUNITY SAFETY HUB ............................................................................................................... 17 
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Part I – General
1. Introduction
1.1  On 7 November 2023 the Scottish Government published its report on Scotland’s Approach to
Antisocial Behaviour- Review Findings.  This report made two recommendations;
1.  that The Scottish Ministers, and statutory, non-statutory and voluntary sector service providers
and communities themselves recognise that our approach to preventing and tackling antisocial
behaviour needs to be a long-term approach (that recognises societal changes and evolves) and
that we need to make a commitment to a programme of activity which will provide a framework
that will guide us in taking forward this agenda in alignment with other linked national policies.
2. An independently chaired group of experts, potentially including statutory, non-statutory and
voluntary service providers, community representatives and other key interests should be
brought together to develop a long-term framework for addressing antisocial behaviour..
This demonstrates the Scottish Government’s ongoing commitment to tackle antisocial
behaviour.
1.2  Moray’s Community Planning Partnership has strategic responsibility for implementing the
drive against antisocial behaviour, and this is achieved and monitored under the direction of the
Moray Community Safety Partnership.  Moray Council also employs a Lead Public Health
Officer who sits on the Community Safety Partnership and manages the development and
delivery of services and initiatives associated with antisocial behaviour in Moray.
2.  Antisocial Behaviour – A Definition
2.1  Antisocial behaviour is not necessarily behaviour that is merely different, for example, by reason
of a medical or developmental condition or mental health issue or because of a different lifestyle,
culture or religion.  In determining whether a person has engaged in antisocial behaviour, any
behaviour which is shown to be reasonable under the circumstances will be disregarded.
2.2  Surveys of people resident in Moray have revealed that a wide range of antisocial behaviour
ranging from alcohol and drug induced behaviour to vandalism and dog fouling are areas of
particular concern to them.  In a narrower context, disputes between neighbours are often also a
cause for concern.  The Council is committed to tackling and reducing antisocial behaviour by
responding firmly and effectively to complaints.  This policy will provide a framework for action
relating to complaints of antisocial behaviour.  This policy also links with the Council’s
Community Safety Strategy, Antisocial Behaviour Procedure and Housing Service Neighbour
Disputes and Antisocial Behaviour Policy (which deals with complaints involving Council
tenants).
Part II - Antisocial Behaviour Policy
3.1 Antisocial Behaviour Policy Statement
3.1.1  Moray Council and its partners are committed to improving the quality of life for everyone in
Moray, and providing a safe and secure environment to enable communities to live harmoniously
and free from the negative impact of antisocial behaviour.
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3.1.2  Reports of antisocial behaviour will be investigated, where appropriate in co-operation with
relevant outside agencies.  Action taken against those responsible will be proportionate to the
seriousness of the activity in which they are engaged and appropriate given their personal
circumstances.  In very serious or persistent cases of antisocial behaviour, rapid enforcement
action will be taken to resolve the problem.  This may include court action where appropriate.
3.1.3  All instances of antisocial behaviour which are considered to be criminal will be reported to
Police Scotland which may undertake criminal investigations.
3.1.4  Appropriate support will be provided to victims and witnesses of antisocial behaviour.  This
support may come from a number of sources including Victim Support Moray, Moray Locality
Networks, or the Moray Community Safety Team.
3.2 Aims of Policy
3.2.1  The principal aims of this Policy are to prevent antisocial behaviour by:-
• working with children, families and adults from the earliest possible point
• promoting the responsibility of all community members to respect themselves, their
immediate neighbours and the community generally
• supporting communities, including the general majority of people who want to live
harmoniously with others in a safe and secure environment while confronting the small
minority of people whose behaviour undermines this
• preventing antisocial behaviour arising and escalating through early detection and proactive
management
3.2.2  These aims compliment those stated in the Community Safety Strategy framed by Moray Council
and its partners in this area.
3.3  Principles of the Policy
3.3.1 The principles underpinning this Policy are:-
• To work co-operatively with relevant agencies in order to manage and reduce antisocial
behaviour
• To support victims and witnesses of antisocial behaviour
• To meet the support needs of individuals responsible for antisocial behaviour
• To work with children and young people, families and adults from the earliest possible point
in order to address the cause of antisocial behaviour.
• To promote consideration of voluntary remedies including mediation and Acceptable
Behaviour Contracts prior to applying for an ASBO.
• To promote consistency by ensuring that all applications for ASBOs are considered by one
body in Moray – the Antisocial Behaviour Order Panel
• To apply for Court orders including ASBOs when appropriate and when sufficient evidence
is held.
3.4. Equal Opportunities and Human Rights
3.4.1  The measures described in this policy are intended to provide protection to individuals and
groups whose quality of life is undermined by the antisocial behaviour of others.  Individuals
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who experience prejudice, for example on the grounds of race, religion, gender, age, disability
or sexual orientation may also be more likely to be the victims of antisocial behaviour.  The
measures outlined are not intended to tackle behaviour that is merely different, or behaviour that
is the result of a medical or developmental condition or mental health issue.  In tackling antisocial
behaviour, Moray Council will pay due regard to its obligations under the Local Government in
Scotland Act 2003 to discharge its functions in a way which encourages equal opportunities.  In
addition, the Human Rights Act 1998 makes it unlawful for public authorities to act or to fail to
act in a way which is incompatible with the European Convention on Human Rights (ECHR). 
Moray Council and all partners, services and agencies will comply with ECHR at all stages when
dealing with antisocial behaviour.  ASBOs and other restrictive measures such as ABCs will be
utilised and retained for only as long as is considered necessary to protect against the prohibited
antisocial behaviour by the individual concerned.
3.5. Joint Working with Local Partners
3.5.1  The Community Safety Partnership leads the development of strategy in Moray.  At an
operational level, decisions to pursue ASBOs are taken by the Antisocial Behaviour Order Panel
on which all agencies relevant to a complaint will be represented.  Details of the remit of the
Panel is contained in Appendix 1.
3.5.2  The sharing of information between agencies is essential to successfully tackling antisocial
behaviour and is a crucial element in the consultation process.  The Community Safety
Information Sharing Protocol provides a framework for such information sharing.
3.5.3  The Moray Community Safety Hub meets regularly to share information effectively and identify
priority cases of antisocial behaviour and criminal conduct within Moray.  The remit of this
group is provided in Appendix 2.
Part III - Early Action to Deal with Antisocial Behaviour
4.1 Which Policy/Procedure will Apply?
4.1.1  It is one of the aims of this policy to address the causes as well as the effects of antisocial
behaviour by working at the earliest possible point with children, families and perpetrators.  In
the context of this policy document, "early action" comprises all action taken relative to a
complaint of antisocial behaviour prior to referral of the case to the Antisocial Behaviour Order
Panel for consideration of an ASBO in terms of Part IV of this policy.
4.1.2  Although the steps likely to be taken to address antisocial behaviour at an early stage will be
similar, the procedure to be followed will be determined by the housing tenure of the person
alleged to be perpetrating the antisocial behaviour ("the perpetrator"). The procedures involved
when dealing with a complaint of antisocial behaviour in Moray are as follows:
• Complaint against Council Tenant - follow Housing Service Neighbour Disputes and
Antisocial Behaviour Policy and relative Procedure.
• Complaint against Tenant of Registered Social Landlord (RSL) - follow appropriate
policy/procedure of RSL.
• Complaint against a child or young person (person of under 16 years of age) - follow Moray
Council’s Young Persons’ Process.
• All other complaints - follow Antisocial Behaviour Policy and relative Procedure.
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4.1.3 Steps likely to be common to these procedures are as detailed in the following paragraphs.
4.2 Review and Investigation of Complaint
4.2.1  Following receipt of a complaint, the nature of the complaint will generally be reviewed in order
to determine its seriousness and where necessary, an investigation will then be undertaken on a
time scale appropriate to the seriousness of the case.  In the case of complaints against council
tenants, the investigation process will be undertaken by the appropriate Housing Officer or
Community Warden.   In the case of complaints by or against RSL tenants, officers of the RSL
will investigate.  In other cases the investigation will be undertaken by Community Wardens
acting in liaison with the Lead Public Health Officer.  In the course of the investigation, all
relevant evidence will be gathered to enable an assessment to be made of appropriate early action
in response to the complaint.  Where appropriate this may also include referral of the case to the
police for a criminal investigation.  In reviewing and investigating complaints due regard will be
paid to the support needs, if any, of the victim, any witnesses and also the alleged perpetrator. 
Relevant information will be shared with appropriate agencies.
4.3 Formal Warning
4.3.1  Following investigation it may become apparent that a warning formally in writing is the
appropriate manner in which to deal with the behaviour.
4.4  Mediation
4.4.1  During investigation it may appear that mediation would offer an opportunity for parties to reach
a mutually agreed settlement of the complaint.  Informal mediation will be conducted either by
the Housing Officer or Community Wardens as appropriate. All officers involved in mediation
will have undergone appropriate training in this respect.
4.5 Acceptable Behaviour Contracts (ABCs)
4.5.1  An Acceptable Behaviour Contract (ABC) is a voluntary written agreement between an
individual (a child or an adult) involved in antisocial behaviour and relevant agencies working
to prevent antisocial behaviour.  The ABC defines the behaviour which is unacceptable, records
agreement that the behaviour will stop and also any agreement reached regarding the support
needs of the perpetrator.  An ABC will only be used where the consequences of persisting in the
antisocial behaviour have been clearly explained to the perpetrator who must fully understand
and agree its terms.  ABCs have proven successful in a wider community context.  A more
comprehensive description of the aims and objectives of acceptable behaviour contracts is
provided as Appendix 3 of this policy.
4.6    Early Action Relative to Young People (12-15)
4.6.1  For complaints of antisocial behaviour concerning persons under 16, a separate Young Persons
Process has been devised.  This process should be followed for all complaints pertaining to
persons under 16 years of age.  In essence, the Moray Antisocial Behaviour Young Persons
Process details the means by which youths involved in antisocial behaviour may be managed
through the existing Local Assessment and Planning (LAP) process.  Techniques used in the
context of this process include restorative justice contracts, intensive support and monitoring
services (ISMS), parenting orders and ABC's.
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Part IV - Antisocial Behaviour Order Policy
5.1  What is an Antisocial Behaviour Order (ASBO)?
5.1.1  ASBOs are preventative orders that are designed to protect people in the community who are
affected by antisocial behaviour from further acts or conduct that would cause them alarm or
distress.  An ASBO is a civil order not a criminal sanction.  An ASBO can be used to prohibit
a person from doing anything specified in the order, either indefinitely or for a set period of time. 
Although the order is civil in nature, breaching an ASBO is a criminal offence.  The minimum
age at which a person may be subject to an ASBO in Scotland is 12. 
5.2  ASBO Policy Statement
5.2.1  Moray Council will ensure that action taken against those responsible for antisocial behaviour is
proportionate to the seriousness of the activity in which they are engaged.  In very serious,
persistent, complex or protracted cases of antisocial behaviour, an antisocial behaviour order
may be the only appropriate means of resolving the problem.  ASBOs will generally only be used
where other measures have failed to remedy the problem, although an ASBO may be used at an
earlier stage if this is otherwise considered to be appropriate, for example, because of the
seriousness of the behaviour.
5.3 Aims of the ASBO Policy
5.3.1 The principal aims of the policy in respect of ASBOs are as follows:
• To apply for ASBOs only where appropriate early action has failed and there is sufficient
evidence to obtain the order
• To respond firmly and effectively to serious issues of antisocial behaviour
• To ensure that the terms of ASBOs are relevant and address the antisocial behaviour in
question
5.4 Application for an ASBO
5.4.1 Moray Council may make applications for ASBOs within Moray:-
• Relating to Council tenants
• At the request of Police Scotland
• Where this is considered appropriate, on behalf of others in the Moray area including
owner/occupiers and businesses.
5.4.2  Moray Council’s Litigation and Licensing Section will undertake or instruct legal work in
relation to Council ASBO applications.
5.4.3  It is important to bear in mind that whilst the Council may apply for an ASBO, it is not required
to do so.  The decision to apply for an ASBO is wholly in the discretion of the potential applicant,
although the decision will be taken at a meeting of the Antisocial Behaviour Order Panel in
liaison with the relevant partners in the process.  Legal issues commonly raised in the context of
ASBOs are detailed in Appendix 5 of this policy.
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5.4.4  RSLs have the authority to apply for ASBOs to protect a person residing in or likely to be in
premises provided or managed by that Landlord, or a person in or likely to be in the vicinity of
such premises.  In the Moray Area, the major RSLs comprise:-
• Grampian Housing Association
• Hanover (Scotland) Housing Association Ltd
• Langstane Housing Association
• Osprey Housing
• Blackwood Homes and Care 
5.4.5  RSLs will submit ASBO applications through their own legal advisors rather than through the
Council, although where the antisocial behaviour has only an indirect connection to RSL
premises or tenants, RSLs may approach the Council with a view to the Council pursuing an
ASBO rather than the RSL.
5.4.6  The authority for RSLs to apply for ASBOs is without prejudice to the right of Moray Council
to seek an ASBO in respect of Registered Social Landlord premises.
5.4.7  To promote consistency of approach, RSLs intending to apply for an ASBO will provide all
details of the background to the application to the Antisocial Behaviour Order Panel before the
application is submitted.  The Panel will perform a purely consultative role in this process. The
decision as to whether to proceed with the ASBO application will remain with the RSL.
5.5 Decision to Apply for an ASBO
5.5.1  In Moray, all cases in which an ASBO is considered to be appropriate will be referred to the
Antisocial Behaviour Order Panel.  Representatives from all relevant departments/sections
within the Council and partner agencies are invited to participate in Panel meetings.
5.5.2 When determining whether an application for an ASBO will be made the following factors will
be taken into account:-
• The nature, frequency and duration of the antisocial behaviour
• The nature of the evidence held, including the reliability of witnesses
• The effect that the antisocial behaviour exhibited is having on any other person or the
community
• Voluntary solutions and other remedies tried or which may appropriately be tried with a
view to securing cessation of that conduct
• The views expressed by Partner Services and Agencies
• The underlying causes of the behaviour and treatment of any such cause
• Any related tenure type
• Rehabilitative processes undertaken since the last known complaint
5.5.3  The above list of factors is not exhaustive. There may be other relevant factors in the individual
circumstances of each case.
5.6 Consultation
5.6.1  Consultation prior to the application for an ASBO will always involve a representative of each
of the following:-
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• The Chief Constable for Police Scotland
• The Chief Constable for each Police Force Area where there is an affected person
• Each Local Authority in whose area there is an affected person
• If the person in respect of whom the order is sought to be made is aged 12-15 (or 16-17 if
subject to a Supervision Order), the Children’s Reporter
5.7 Procedure Before the Antisocial Behaviour Order Panel
5.7.1  There are detailed rules as to procedure before the Panel are contained in the Antisocial
Behaviour Procedure prepared relative to this policy.
5.7.2  Minutes for each meeting of the Antisocial Behaviour Order Panel are kept detailing the reasons
for all decisions taken.
5.8 ASBOs to Address Criminal Conduct
5.8.1  ASBOs for persons aged 16 and over will often be used to tackle patterns of criminal and
noncriminal antisocial behaviour.  ASBOs may however be used to address patterns of criminal
behaviour where the criminal behaviour has caused alarm or distress and it is considered that an
ASBO will prevent further incidents.
5.8.2  In such cases Police Scotland will take the lead in preparing the case in consultation with its
Partner Agencies.
5.8.3 The case will be referred directly to the Antisocial Behaviour Order Panel although full
consideration will be given at the Panel to use of alternative solutions and remedies including
mediation, ABCs, etc.
5.9 Terms of the ASBO
5.9.1 The terms of the ASBO will be agreed in consultation with partner Agencies and must:-
• Be reasonable, clear and unambiguous
• Be the least necessary to restrict the behaviour complained of
• Relate to the area where the antisocial behaviour occurred and where it is reasonable to
expect that it could happen in the future
5.9.2 The duration of the ASBO will be determined in consultation with Partner Agencies, taking
into consideration the seriousness, persistence, age and maturity of the person subject to the
application.
5.10 Getting the Case Into Court
5.10.1  In cases considered to be the most serious, notably where threatening behaviour or actual harm
has occurred, the applicant will ask for the perpetrator to be given a reduced period of notice in
order to have the ASBO application called in court in the shortest possible timescale.
5.11 Interim ASBOs
5.11.1  A Sheriff may grant an Interim ASBO at an initial court hearing in advance of a full hearing for
an ASBO. An Interim ASBO will take the same form as a full ASBO but will last only until the
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application for the full ASBO is determined or the interim ASBO is otherwise earlier recalled. 
Prior to making an Interim ASBO application the applicant will satisfy itself that victims,
witnesses or members of the wider community require immediate protection from antisocial
behaviour. When a full ASBO cannot be obtained at the initial court hearing, a request for an
Interim ASBO will usually be made at the earliest opportunity.  The decision whether to grant 
5.12 ASBOs for 12-15 year olds
5.12.1  The Moray Antisocial Behaviour Young Persons Process details the appropriate procedure where
complaints of antisocial behaviour involving a person under 16 years of age are received.  This
involves dealing with young people through the Local Assessment and Planning Process.
Applications for ASBOs will normally only be considered by the Antisocial Behaviour Order
Panel for persons under 16 years of age where the provisions of the Young Persons Process have
been complied with and an appropriate instruction received from an extended LAP meeting
following consultation with the Children’s Reporter and the Chief Constable of Police Scotland,
or where the Children’s Reporter and the Chief Constable are satisfied that the case may
otherwise be referred directly to the Panel without completion of the LAP process. However, if
an agency or service becomes aware of a young person whose behaviour has escalated greatly
over a short period of time, then that agency or service may refer the individual direct to the
Antisocial Behaviour Order Panel.  The Panel will look at the pattern of the behaviour, based on
the evidence and decide on the correct interventions required to address the behaviour.  The
interventions considered may include an ASBO if such a measure is required to protect the
community.
5.13 Review of ASBOs
5.13.1 The Antisocial Behaviour Order Panel will review ASBOs at least every six months, where
possible there being representation on the Review Panel by all Agencies involved in approving
the original application.
5.13.2 The purpose of the review is to consider if the terms of the ASBO are adequate and if the ASBO
still requires to be in force.
5.13.3 The factors considered in determining the decision to apply for an ASBO will form the basis of
the review of the ASBO.  In most cases ASBOs will be revoked if no complaints have been
received in the previous two year period.
5.13.4 Applications may be made to the Court to revoke the ASBO or vary the terms of the ASBO.
5.13.5 Appropriate consultation with Partner Services and Agencies and the community will take place
prior to making such applications all in accordance with the Panel’s Procedural Rules (produced
in the Antisocial Behaviour Procedure).
5.14 Appeals
5.14.1  Either the applicant or the defender can appeal the Sheriff’s decision.  In terms of Sections 27
and 28 of the Sheriff Court (Scotland) Act 1907, the person appealing can choose whether to
appeal to the Sheriff Principal or Court of Session.
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5.14.2 Under Section 6 of the Antisocial Behaviour Etc (Scotland) Act 2004, the Order remains in force
pending the outcome of the Appeal.  It is however possible to apply for an order to be varied or
revoked while an Appeal is pending.
5.15 Variation or Revocation of ASBOs
5.15.1 The decision whether to apply for a variation or revocation of an ASBO will be taken in
accordance with the Rules of Procedure of the Antisocial Behaviour Order Panel.
5.15.2 In cases involving persons under 16 years of age, the matter should first have been considered
through the Local Authority Planning Process and due consultation with the Children’s Reporter
must have been carried out.
5.15.3 Where a defendant applies for an order to be varied or revoked, the Sheriff must obtain the views
of the original applicant and, in cases involving 12-15 year olds, the Children’s Reporter
5.15.17.4 ASBOs cannot be transferred between Local Authorities.  If an individual moves to
another Authority area a fresh ASBO would be required if their behaviour justifies it.  If there is
no continuing need for the original order, the applicant should consider applying to the Sheriff
to have it revoked.  However, the order may be kept in place once the individual has left the
Authority area if it is reasonably suspected that the individual may return and engage in the
prohibited antisocial behaviour.
5.16 Breach of an ASBO
5.16.1 Breaching the terms of an ASBO (including an interim ASBO) is a criminal offence which should
be reported immediately to Police Scotland.
5.16.2 Police Scotland will investigate all such allegations and where there is sufficient evidence, report
the person for breach of an ASBO.  Section 11 of the Antisocial Behaviour Etc (Scotland) Act
2004 provides the Police with a statutory power of arrest for breach of an ASBO or interim
ASBO.  This ensures that where a Constable reasonably believes that a person is committing or
has committed an offence under Section 9(1) of the Act, that the Constable may arrest the
individual without warrant.
5.16.3 Persons aged 16 or over will appear in court either on a Written Undertaking or from custody to
ensure that the alleged offender appears in court soon after the incident.
5.16.4 Persons aged under 16 will be released into the care of their parent or guardian or Local Authority. 
In certain cases Police Scotland may detain the child under Section 43 of the Criminal Procedure
(Scotland) Act 1995.
5.16.5 Police Scotland will inform all relevant Services and Agencies of the reported breach of an ASBO
and the action taken at the earliest opportunity and no later than the next working day.
5.16.6 Moray Council will consider any necessary follow up action in consultation with Partner Services
and Agencies.  It is the policy of the Crown Office Procurator Fiscal Service (COPFS) to
prosecute cases for breached ASBOs for persons aged 16 or over subject always to the Procurator
Fiscal’s overriding discretion to deal with cases which are appropriate for prosecution. Police
Scotland will notify the relevant Services and Agencies of the court dates for cases and the
outcome of cases referred for prosecution.
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5.16.7 In cases involving persons under 16 years of age, COPFS will refer cases to the Children’s
Reporter unless the breach of the ASBO is considered to be a serious offence.  It is expected that
most breaches of ASBOs by those under 16 will be dealt with through the Children’s Hearing
System, although again, the decision whether to do so remains at the discretion of the Children’s
Reporter.
5.17 Record of ASBOs
5.17.1  The Lead Public Health Officer will maintain a register of all ASBOs and Interim ASBOs
relevant to Moray Council whether originally applied for by the Council or by a RSL.  Legal
Services will be provided with an updated copy of the Register following each amendment.  This
register is not available for public inspection and details from the register will only be disclosed
in accordance with relevant Data Protection and Freedom of Information legislation
5.17.2  When Moray Council is advised that a person subject to an ASBO plans to move or has moved
from Moray, the Lead Public Health Officer will inform the “receiving Council”.  They will
record this and inform relevant Services and Agencies and the ASBO will be reviewed.
5.17.3 The Lead Public Health Officer will hold a record of all revoked ASBOs.  Details will be removed
from this record once an ASBO has been revoked for 2 years.
5.18 Notification and Publicity
5.18.1  Following the grant of an ASBO, Moray Council will advise all persons who have been or who
are likely to be affected by antisocial behaviour by the person subject to the ASBO.  The
information provided will confirm:-
• The identity of the person subject to the ASBO
• The terms of the ASBO
• What should be done if further antisocial behaviour occurs
5.18.2  Generally the media will not be used to publicise individual ASBOs but may be used where the
antisocial behaviour involved has either caused significant concern in the community or is such
that publication may be expected to deter similar instances of antisocial behaviour.
5.18.3  The identity of the person subject to the ASBO will not generally be disclosed by the Council to
the media but may be in the circumstances outlined in para 9.20.2 above.
5.18.4 It is recognised that convictions for breached ASBOs are more likely to attract media publicity
and Moray Council will seek to ensure reasonable and factual media reporting in such situations.
5.18.5 Where appropriate the use of ASBOs will be publicised to demonstrate actions being taken to
address antisocial behaviour.  This may include reference to individual ASBOs in accordance
with para. 9.20.2 above, but will more commonly include only general information.
5.18.6 Press Releases for media publicity will be co-ordinated and approved by the relevant PR Officer
of Moray Council in liaison with the Lead Public Health Officer and the Service which referred
the matter to the Panel.
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Part IV – Policy Audit
6.  Monitoring and Evaluation
6.1  The use of ASBOs and other powers under the Antisocial Behaviour etc (Scotland) Act 2004
will be monitored and evaluated by the Community Safety Partnership as part of the overall
monitoring and evaluation elements to Moray’s Antisocial Behaviour Strategy.
6.2  Review
6.2.1  The Community Safety Partnership will institute a review of the efficiency of this policy after it
is approved by the Council and the Policy will be reviewed regularly thereafter. 
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Appendix 1
ANTISOCIAL BEHAVIOUR ORDER PANEL 
Antisocial Behaviour Order Panel
Terms of Reference
Purpose
• To consider and advise upon appropriate measures to address persistent or serious
antisocial behaviour including whether to promote ABCs, to pursue an interdict or ASBO,
whether to promote use of police powers of dispersal or closure or any other appropriate
measure to combat the antisocial behaviour
• In so far as is possible, to promote consistency of practice in dealing with
serious/protracted/complex antisocial behaviour, and to ensure that discriminatory
practices are not applied
• To consult with the Chief Constable of Police Scotland; the Chief Constable of any area
where there is an affected person; each local authority area where there is an affected
person; and in the case of those aged 12 – 16 years, the Children’s Reporter.
• To liaise with the Community Safety Hub and other groups and organisations
• For all referrals other than those from RSLs, to instruct an ASBO
• For all referrals other than those from Housing/Registered Social Landlords, to instruct
other appropriate measures
• To consider any unmet support needs, which, if met, might obviate the antisocial
behaviour
• To review existing ASBOs and consider any amendments or revoking of existing terms 
Membership 
Core Membership
Environmental Health & Trading Standards Manager (MC) 
Lead Public Health Officer (MC) 
Legal Services (MC)
Police Scotland
Social Work (MC)
Representative Housing (MC)
Grampian NHS 
Ad-hoc Membership
Representative of the Referring Agency 
Accountability
Reports to:  Community Safety Strategic Group
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Local Assessment and Planning Process   
Review
The TOR to be reviewed every 3 years
Frequency of Meetings
At least 6 monthly 
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Appendix 2
THE MORAY COMMUNITY SAFETY HUB
Terms of Reference
1. PURPOSE 
1.1 Moray Community Safety Hub (The Hub) is a local partnership meeting that supports
the Scottish government’s policy aim “to enable everyone in Scotland to live in
communities where they feel secure and are safe from harm”. The Hub uses a
trauma-informed, person-centred approach that prevents, reduces and responds to
risk taking behaviour and crime, and the impact of related harm, in relation to local
vulnerable individuals and communities. 
1.2 It is a forum for operational staff to consider the appropriate multi-agency response to
individual complex cases to be discussed and problem solved and where appropriate,
appropriate resources allocated or escalation processes invoked. 
1.3 Under the direction of the Community Safety Strategic Group (CSSG), the Hub will
undertake annual reviews of case outcomes to ensure learning. 
2. GOVERNANCE 
2.1 The Hub will report to the Moray CSSG. The governance and reporting arrangements
for the CSSG sit with the Moray Community Planning Partnership (CPP) structure. 
3. MEETINGS 
3.1 The Hub meeting will be held weekly, currently Tuesday at 10am, via MS 
Teams. 
3.2 An agenda for the meeting and details of cases to be discussed will be circulated no
later than 1 working day before the meeting to enable each agency to research those
to be discussed. 
3.3 Attendees will be advised of the confidentiality statement at the start of each meeting
and any papers circulated should be classed as confidential.
Notes from the meeting and actions will be recorded during the meeting and circulated
within 24 hours. 
3.4 The reasons for adding a case for discussion and removing it from the Hub will be
recorded. 
3.5 A record of attendance will be kept and attendees will be advised of the confidentiality
statement at the start of each meeting. 
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4. MEMBERSHIP 
4.1 Membership of the Hub shall be open to voluntary and statutory organisations active
in Moray Community Safety Partnership and with an operational role to play in
improving community safety and who are signatories to the Moray Information
Sharing Protocol. 
4.2 Role of the Chair
The Chair shall be responsible for ensuring that meetings are run in accordance with
the following standards:
• Firmly but fairly chaired, permitting everyone to contribute in a wide-ranging
debate, where individuals are treated with respect and without discrimination.
• Focused on the key issues, with a summary following each discussion and
clarification of allocated actions for the action plan.
• Having time to receive a presentation on an item of importance or interest. 
4.3 Roles and responsibilities of attendees
Attendees at the Hub meetings should:-
• Attend regularly and punctually and nominate a suitably qualified replacement if
unable to attend.
• Pre-read the agenda for the Hub and undertake research in respect of their
agency knowledge/involvement of those to be discussed.
• Where possible, have access to live systems at the Hub meeting to give up to
date, accurate information.
• Ensure that actions agreed at the Hub are completed on time and to take
responsibility for completion of these actions.
• Offer constructive, professional advice on all relevant cases and if necessary
challenge single agency decision making and thresholds.
• Work together to find solutions to the cases/issues raised at the Hub (albeit this
could be part of the meeting similar to the daily meetings in other areas). 
5. CO-ORDINATION AND SCHEDULING 
5.1 The coordination of any activities, related to cases discussed, lies with the members of
the Hub. Any tasks allocated to individuals, by the members, will be recorded in the
Hub Tasking Document, which will be circulated to the members within 24 hours of the
Hub meeting. All allocated tasks will be completed within an agreed timeframe. 
5.2 Any professional that agrees to be tasked by the Hub with undertaking activities, will
be responsible for ensuring that the task is completed within the agreed timescale. 
They will also be responsible for reporting back to the Hub meeting on the outcome of
the tasks, unless agreed otherwise by the Chair. 
6. REFERRAL PROCESS 
6.1 New referrals for the meeting should be sent to CommunitySafety@moray.gov.uk no
later than 2 days before the meeting and include as much information as it is possible
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to supply, for example, full name, address and date of birth, along with (if known)
details of any children or vulnerable adults at the property. 
An urgent case may be raised ‘on the day’ but this should be by exception. 
6.2 Any cases that the Hub feels it cannot resolve should be escalated appropriately,
either to individual agency management or formal risk management groups. 
7. WHICH CASES (INDIVIDUALS) SHOULD BE DISCUSSED AT THE HUB 
7.1 The decision to discuss a case at hub rests with the members of the hub.  The primary
focus though is in the following areas:
• Complex cases where there has not been a satisfactory outcome to date.
• Cases where discussion at the Hub may engage other agencies not currently
involved in the case, or professionals from other backgrounds who may be able to
suggest an alternative approach.
• Cases where there is significant or disproportionate harm to an individual or the
wider community that does not reach a single agency threshold for positive
intervention and/or where the overall risk/harm may challenge that single agency
threshold decision.
• Cases where vulnerable individuals are at risk and the vulnerability faced has not
been reduced.
• Cases where in the view of the professionals in attendance, it is necessary to
have a multi-agency discussion to reduce risk or to agree to invoke the escalation
process to a more appropriate multi-agency group.
• Coordination, scheduling and planning of significant multi-agency operations.
• Individuals whose demand on one or more agency is causing a significant and
disproportionate drain on that agencies resources (repeat offenders). 
7.2 A case should not be discussed at the Hub for the sole purpose of obtaining
information from one of the partner agencies at the meeting. 
8. INFORMATION SHARING 
8.1 The requirements for sharing information are:
• All organisations shall be signatories to the Moray Information Sharing Protocol or
a recognised agency under statutory information sharing protocols.
• Any information will be treated as restricted.  It will be kept and ultimately disposed
of in a secure manner and in accordance with the General Data Protection
Regulation (the GDPR) which came into force on 25 May 2018 and the Data
Protection Act 2018 (the DPA). 
• All agencies should ensure that the minutes are retained in a confidential and
appropriately restricted manner.  These minutes will aim to reflect that all
individuals who are discussed at these meetings should be treated fairly, with
respect and without improper discrimination. 
• All work undertaken at the meetings will be informed by a commitment to equal
opportunities and effective practice issues in relation to race, gender, sexuality
and disability.
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• Staff will only share information that is proportionate, relevant and appropriate. 
This is a professional judgement which staff must make in line with the principles
of the Moray Information Sharing Protocol.  The information disclosed can assist
other agencies to make appropriate decision and interventions, but may not be
disclosed, copied or divulged to any other agency and that information only used
in relation to the context for which it was disclosed. 
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MORAY COUNCIL 
HOUSING AND PROPERTY SERVICE
Neighbour Nuisance And 
Antisocial Behaviour Policy 
Author Housing and Property Services
Date approved Housing and Community Safety Committee on 7 May
2024 for implementation. TBC
Date of next
review
2027 or earlier if required by changes to legislation or
guidance
1.  Scope of the policy 
1.1  The scope of this policy is to provide a clear and transparent framework for the
Council Housing Service to deal effectively with complaints and incidents of
neighbour nuisance and antisocial behaviour throughout Moray.  The Council
recognises that neighbour nuisance and antisocial behaviour can occur in any
housing tenure and that issues may arise between Council tenants and
neighbouring owners or private tenants. 
2.  Strategic Context  
2.1  The Neighbour Nuisance and Antisocial Behaviour Policy will contribute
towards the Moray Local Housing Strategy (LHS) 2019-24 which focuses on
promoting sustainable communities while promoting social inclusion, Moray
Council’s Corporate Plan 2024 as well as priorities within Moray 2027- Local
Outcome Improvement Plan.   
2.2 Whilst recognising that Moray is a safe place to live, the Council and its partner
agencies commit to protecting our neighbourhoods, particularly those who feel
most vulnerable and at risk, in an attempt to ensure that its communities feel
safe.  Through the Community Safety Strategy for Moray 2022-2026, the Moray
Council Community Planning Partnership (CPP) and Community Safety
Strategic Group (CSSG) provides the strategic direction that is required.  The
Appendix 2 Item 7
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CPP will co-ordinate and oversee the activities of the partnership that relates to
ensuring community safety, reducing crime and tackling antisocial behaviour. 
As a result the Housing Service will operate this policy in conjunction with the
Moray Council’s:
• Corporate Antisocial Behaviour Policy – which covers non-Moray Council
Housing tenures
• Corporate Antisocial Behaviour and Acceptable Behaviour Contract (ABC)
Procedures   
3.  Principles and objectives of the policy 
3.1  The principles underpinning the Council’s Housing Neighbour Nuisance and
Antisocial Behaviour policy are: 
• Legality - the Council will seek to ensure that the policy reflects the legal
framework and is consistent with associated professional good practice
guidance; 
• Early prevention - the Council will take early action to address initial
behaviour(s) and prevent issues escalating where possible and appropriate; 
• Action - the Council recognises that neighbour nuisance and antisocial
behaviour can cause distress to individuals and communities and will work
to try and lessen the stress and impact caused within neighbourhoods and
communities; 
• Multi-agency approach – the Council will, wherever possible and necessary, 
seek to work in partnership with relevant agencies in an attempt to achieve
more effective, collaborative and sustainable outcomes;
• Equality - the Council will make sure that it does not act in a discriminatory
manner when dealing with neighbour nuisance or antisocial behaviour
complaints. 
3.2   The specific objectives of this policy are to:
• prevent, where possible, and alleviate neighbour nuisance and antisocial
behaviour by responding to complaints in a timely, effective and efficient
manner;
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• address complaints at the source and as early as possible, objectively and
proportionately;
• encourage acceptable behaviours within our local neighbourhoods and
communities; and
• find acceptable resolution(s) to complaints within the parameters of the
legislation and guidance to ensure sustainable outcomes. 
4.    Legal framework, guidance and the Scottish Housing Charter
4.1  The primary legislation that governs the Council’s statutory duties and powers
in relation to antisocial behaviour is contained within the Antisocial Behaviour
(Scotland) Act 2004 and accompanying Guide to the Antisocial Behaviour etc.
(Scotland) Act 2004, the Housing (Scotland) Act 2001, as amended by the
Housing (Scotland) Act 2010 and the Housing (Scotland) Act 2014, Part 2.   
4.2 Other associated legislation includes Part 3 of the Housing (Scotland) Act 2010
which governs the performance of social landlords in relation to the prevention
of harassment and antisocial behaviour through Outcome 6 of the Scottish
Social Housing Charter – Estate management, anti-social behaviour, neighbour
nuisance and tenancy disputes.  This sets out the standards and actions
tenants can expect from social landlords, through fundamental partnership
working, to help ensure as far as reasonably possible that ‘tenants and other
customers live in well-maintained neighbourhoods where they feel safe.’  It
covers action to enforce tenancy conditions on estate management and
neighbour nuisance, to assist in resolving neighbour disputes, and to ensure 
tenancy support is arranged or provided where needed. 
4.3 The Scottish secure tenancy agreement (SST) is a legally binding contractual
agreement between social landlords and social housing tenants derived from
the above housing legislation.  It protects both the tenants’ and the Council’s
interests as well as setting out the responsibilities of both parties.  Sections 2
and 3 of the SST sets out the tenants’ responsibilities in relation to the use of
their home, estate management and respect for others. This means tenants,
those living with them, and their visitors, must not harass or act in an
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antisocial manner to, or pursue a course of antisocial conduct against, any
person in the neighbourhood. Such people include residents, visitors, our
employees, agents, contractors and those in your house. More detailed
information is provided in the link to the tenancy agreement above. 
4.4 Other relevant legislative provisions include but are not restricted to the
following:
• Hate Crime and Public Order (Scotland) Act 2021
• Local Government in Scotland Act 2003; 
• Dog Fouling (Scotland) Act 2003; 
• The Regulation of Investigatory Powers (Scotland) Act 2000;
• Dangerous Dogs Act 1991 as amended by the Control of Dogs
(Scotland) Act 2010; 
• Protection from Harassment Act 1997, Sections 8-11;
• Environmental protection act 1990, Part III, Sections 80-81; 
• Public Order Act 1986, Section 18; and
• Civic Government (Scotland) Act 1982. 
5.  Equality and diversity 
5.1   The Council is committed to preventing discrimination and promoting equality
for everyone who makes a compliant for neighbour nuisance and antisocial
behaviour.  In accordance with the Equality Act 2010, Moray Council seeks to
ensure that this policy does not discriminate between, or promote the
harassment of individuals with one or more of the following protected 
characteristics: age, disability, gender reassignment, marital status/civil
partnership, pregnancy and maternity, race, religion or belief and sexual
orientation. 
5.2  In delivering the policy, full consideration will be given to the Council’s Public
Sector Equality Duty (PSED).  This requires public authorities to eliminate
discrimination, harassment and victimisation; advance equality of opportunity;
and to foster good relations between persons who share a relevant protected
characteristic and those who do not. 
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5.3 The Human Rights Act 1998 incorporates the European Convention on Human
Rights (ECHR) and associated guidance Human Rights at Home: Guidance for
Housing Providers.  The Equality and Human Rights Commission (EHRC)
placed a duty on local authorities for all front line staff to be involved in
identifying vulnerable persons, particularly in relation to incidences of antisocial
behaviour. The Council is committed to Equalities Incidents Monitoring, which
aims to eliminate discrimination and promote equality.  Where incidents occur,
they must be reported using the Equalities Incidents Monitoring Form. 
5.4  The Council will develop information and advice upon request in a variety of
formats such as large print, tape and braille.    
6.       Confidentiality, data protection and information sharing
6.1     The Council will ensure that any information given as part of the neighbour noise
nuisance and antisocial behaviour complaints process will be stored, used and
disposed of in accordance with the General Data Protection Regulations
(GDPR) and the Data Protection Act 2018. The 2018 Act regulates the handling
of lawfully obtained personal data.  This data can be legitimately shared with
Police Scotland so long as the Council is satisfied it is necessary and
proportionate and is disclosed for the prevention, investigation, detection or
prosecution of criminal penalties including the safeguarding against and the
prevention of threats to public security.  Any information will be treated as
‘confidential and restricted’ 
6.2 Liaison with other agencies is critical to the effective management of antisocial
behaviour complaints.  The Council has a Moray Community Safety Information
Sharing Protocol, in line with Section 139 of the Antisocial Behaviour etc.
(Scotland) Act 2004, with relevant partners.  This allows relevant and
appropriate information to be shared to assist with identifying the most suitable
course of action or intervention required to address the behaviours.   Data
Sharing requests can be made to Police Scotland for relevant information
needed to inform the investigation and any allegations made, particularly where
there is criminal activity in relation to the property, where there are concerns
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that may affect the safety of occupants and/or any neighbours or the Officer
decides that the Police should be made aware of the incident. 
6.3   Additional vulnerabilities, social issues and /or needs can be prevalent in cases
of antisocial behaviour.  These issues may include drugs, alcohol or other
substance misuse / addiction, mental health issues, domestic violence and any
other vulnerabilities. Community Safety Hub meetings provide a forum for
operational staff to share information and consider the multi-agency response
to cases using a trauma-informed, person-centred approach to ensure the most
appropriate service / case worker is integral for relevant specialist support and
/ or accommodation prior to considering any legal remedies.   
6.4 The Council is committed to encouraging households to report incidents of
neighbour nuisance or antisocial behaviour.  Complainants, alleged
perpetrators and any witnesses will be treated fairly, in an unprejudiced and
non-accusatory manner with sensitivity and in complete confidence where
possible but where the complainant wishes to remain anonymous, this may limit
the action that the Council is able to take and they will be informed of this. 
Depending on the type of complaint it may not always be possible to prevent
the perpetrator from deducing the origin of the complaint.      
7. Definitions of neighbour nuisance and antisocial behaviour? 
7.1      The spectrum of neighbour nuisance and antisocial behaviour is wide.
Neighbour nuisance might refer to a dispute between two neighbours whilst
antisocial behaviour might threaten the physical or mental health, safety or
security of other households, individuals, disrupt neighbourhoods and
communities.  Where people live within close proximity to each other there is
always scope for clashes and conflict caused by differing lifestyles.  People from
different age groups, cultural backgrounds or with different working or sleeping
patterns can easily give rise to friction and/or disagreements. This policy is not
intended to address behaviour that is merely different. 
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Legal definition 
7.2  Section 143 of the Antisocial Behaviour (Scotland) Act 2004 sets out the legal
definition of antisocial behaviour as: 
‘a person is involved in antisocial behaviour if they: 
• act in a manner that causes or is likely to cause alarm or distress to
anyone who is not in the same household; or 
• pursue a code of conduct that causes or is likely to cause alarm and
distress to at least one person not of the same household as them.’ 
In this definition 'conduct' includes speech and a course of conduct must involve
conduct on at least two occasions. 
8. Categorisation 
8.1  To provide a framework for prioritisation and to indicate clearly what types of
behaviour the Council will act upon, the following categories exist corporately
for dealing with of neighbour nuisance and antisocial behaviour complaints
across all tenures: 
Category A – Very serious antisocial behaviour, which normally includes
criminal activity, causing danger and putting others at risk.  
Category B – Situations where the behaviour may stop short of criminal activity
but could be a deliberate attempt to cause disturbance or annoyance to a
neighbour.  It is likely to be more than a clash of lifestyles and has disregard for
others where behaviours are recurring, becoming more frequent or persistent
and early intervention attempts to change behaviour is not working. 
Category C – Minor issues between two neighbours and minor breaches of
tenancy agreements.  This includes the use of common areas, maintenance,
boundaries and low level domestic noise which will be dealt with by the relevant
area housing team.  
8.2 Certain behaviours and / or crimes may vary in severity and this will be taken
into consideration when categorising the complaint.  Where any antisocial
behaviour is recurring, persistent and/or escalates, becoming more serious in
nature, the Council will re-categorise the complaint to more accurately reflect
the situation.
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8.3  Operational staff procedures will provide a more detailed reference guide and 
for staff to ensure robust categorisation, allocation within relevant timescales
and subsequent action.  
9.        Complaint timescales and responsibility
9.1    Complaints will be dealt with as soon as possible within agreed service
timescales by the most appropriate person for that category of complaint. The
category of the complaint will determine the responsibility for dealing with the
initial investigation.  Anonymous complaints will be recorded, but it may not be
possible to take action unless a Council Officer can verify the complaint.  Initial
response target time scales are outlined below. 
Categorisation Initial
Acknowledgement
Initial
Investigation
within
Responsibility
A 24-48 hours 2 working days Police Scotland Community
Safety Team where
applicable.  Lead Public
Health Officer will monitor all
Cat A cases. Housing
Management to be
consulted.
B 48 hours 2 working days Community Safety Team
C 48 hours 5 working days Area Housing Team 
10.      Dealing with complaints and actions
10.1     Moray Council will ensure that all complaints will be investigated and dealt with
proportionately.  Where a complaint is received from an owner or private tenant
against a Council tenant, the complaint will be investigated and dealt with as
outlined in this policy.  The Council will assess the complaint with the most
relevant partners, depending on the circumstances of the complaint, and taking
action at the most appropriate level. Housing staff will follow robust operational
escalation procedures to evidence and ensure that where legal and / or
enforcement action is considered or taken there is a robust audit trail of
communication, actions, support (where appropriate), transparency and
justification.  
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10.2   Housing staff will take every reasonable opportunity to remind tenants of their
responsibilities under their Scottish secure tenancy agreement, as appropriate
for the type of complaint.   In some cases the Officer may conclude that no
further action is required or only a verbal warning is proportionate and
appropriate.  Officers can then escalate to a written warning and final written
warning or legal action as set out in Section 12 below.   
10.3    Complainants will be kept informed on the progress of the complaint and
reasons for action taken or for closing of case.   
11.  Resolution and timescales 
11.1 The locally agreed corporate target timescales for investigating and resolving
all complaints, regardless of tenure, are from the date the initial
acknowledgement is sent: 
Category A - 20 working days 
Category B - 35 working days 
Category C - 40 working days 
11.2 While all efforts will be made to resolve the complaints as soon as possible
within these timescales, these are a maximum timescale for reporting purposes
and have been set to ensure adequate time for any necessary multi-agency
working to resolve the complaints.   
11.3 In exceptional cases, it may not be possible to investigate and resolve
complaints within these timescales, for example, in complex cases where
further information is needed to respond or input from other agencies is
required.  In these cases, the responsible Officer will contact the complainant
to confirm a revised response date and the reason(s) for the delay, record in
detail any further investigation / steps taken and make sure that the complainant
is kept informed. 
11.4 If the complaint is resolved, or the complaint is not found to be actionable, 
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the case will be closed and the complainant advised of this.  The definition of
‘resolved’ is drawn from the Scottish Housing Regulator Technical Guidance,
‘where the landlord has taken appropriate measures, as set out in its ASB
policies, to address the cause of the antisocial behaviour complaint and has
advised the complainant of the outcome; or where the landlord does not have
the authority or powers to resolve, it has provided a full explanation of the
landlord’s position.’    
11.5 If the complaint is not resolved, the Officer will draw up an action plan including
details of possible further action, target timescales and details of contacts to be
made with the complainant and the complainant.  Where further evidence may
be required from the complainant in order to pursue the complaint, a standard
recording form will be provided to the complainant together with a guidance
note on how to complete it. 
11.6 It is envisaged that the majority of complaints will be resolved without recourse
to legal action.  However where a complaint is assessed and/or escalated to
the point it is justified, and cannot be resolved without legal action, all forms of
legal action available to the Council will be considered.      
12.      Legal remedies – Housing 
Antisocial Behaviour within previous three years – no court order 
12.1   Where a prospective or existing Council tenant, joint tenant, a member of their
household, or any visitors to their tenancy have conducted a course of antisocial
behaviour within the previous three years, a short Scottish Secure tenancy
(SSST) can be considered by the Council as per Schedule 6 of the Housing
(Scotland) Act 2001, as amended by Section 7 (4) of the Housing 
Scotland Act 2014.  This will reduce the person’s rights under their tenancy
agreement to allow a period of time to monitor and address the behaviour, using
the relevant support where necessary.  This can also be used as an attempt to
try and provide respite or alleviate some of the issues with neighbours and/or
the surrounding community.   
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12.2   There are many considerations and factors to be taken into account before an
SSST can be considered.  Fundamentally the behaviour must meet with the
following criteria: 
• meet the legal definition of antisocial behaviour as outlined in para
7.2 above; 
• have happened on a minimum of two or separate occasions; and 
• be substantiated with robust and corroborated evidence. 
12.3   The Area Housing Officer will discuss the individual circumstances of the case
with the relevant Area Housing Manager.  All relevant factors must be
considered as detailed in the Council’s Short Scottish Secure Tenancy (SSST)
Policy.  Where the decision is made to use an SSST the associated procedures
will be followed and a robust audit trail will be maintained.     
12.4   Where a complaint cannot be resolved, formal legal action will be considered,
where appropriate.  In such cases the evidence gathered will be passed to
Legal Services for advice.  All possible legal remedies will be considered,
subject to the level of evidence available.  A list of legal remedies is provided
within the Scottish Government’s publication ‘Guide to the Antisocial Behaviour
(Scotland) Act 2004’. The Council will actively seek to use these remedies
where appropriate in order to ensure that all types of antisocial behaviour are
kept to an absolute minimum.  The use of Antisocial Behaviour Orders (ASBOs)
and eviction will only be considered as a last resort where other appropriate
forms of action have been tried and have failed.   
Antisocial Behaviour within previous three years – ASBO or Eviction Order 
12.5   Where a prospective or existing Council tenant already has an ASBO or an
eviction order due to antisocial behaviour, an SSST can be considered under 
Schedule 6 of the Housing (Scotland) Act 2001. The Council’s Short Scottish
Secure Tenancy (SSST) Policy and associated procedures will be followed. 
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Convicted of a crime punishable by imprisonment 
12.6   Where a perpetrator is a Council tenant, joint tenant, household member or
regular visitor to a Council tenancy and has been found guilty of an offence
punishable by imprisonment and convicted by a Court, the Council may
consider eviction action using a streamlined eviction action introduced by
Section 14 of the Housing (Scotland) Act 2014.  Although the crime is
punishable by imprisonment, whether they have served an actual prison
sentence will be irrelevant.   All the individual circumstances of the case will be
taken into account prior to any action being taken.  The Area Housing Officer
will discuss this possibility with the relevant Area Housing Manager and the
Council’s Evictions Policy and associated procedures will be followed. 
13.     Training 
13.1   The Council will ensure that all Housing staff dealing with complaints of
neighbour nuisance and antisocial behaviour receive the appropriate training. 
This may include training in various areas such as interview skills, statement
taking, noise monitoring, the use of both early prevention work, antisocial
behaviour contracts and legal remedies as well as low level mediation skills
(where appropriate) which the Council will arrange. 
13.2   The Council will seek to raise awareness of its policy on neighbour nuisance
and antisocial behaviour across Council services and among other relevant
partner agencies. 
14.  Complaints
14.1 Any complainant who is not satisfied with the manner in which the Council
has dealt with any aspect of their noise nuisance or antisocial behaviour
complaint should contact the Housing Services Manager in the first instance
who will investigate and respond within 14 days. 
14.2   Where the tenant is still not satisfied, the Council also has a corporate   
Complaints Policy and explanatory information which is available on the   
Council website.    
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15. Record keeping and performance monitoring 
15.1   Robust recording of all complaints and action is necessary to ensure a robust
audit trail to justify legal enforcement action.  This assists in monitoring cases
and helps the Council to identify the nature, type, frequency and locations of
particular incidents and any problem areas within communities.   
15.2 The Council also has a statutory duty to complete the Annual Return on the 
Scottish Social Housing Charter (ARC) to the Scottish Housing Regulator
(SHR).  This provides key information on our performance throughout the
financial year in relation to resolving antisocial behaviour complaints that relate
particularly to Council housing stock.  Indicator 15 includes: 
i)  Number of antisocial behaviour cases reported within the year; of those 
ii)  Number of cases resolved within the year (as per SHR definition of
resolved in Section 11.4 above); and 
iii)  Percentage of antisocial behaviour cases reported in the last year which
were resolved.   
15.3 Further internal monitoring in relation to noise nuisance and antisocial
behaviour complaints include - 
i) Number of cases by category and acknowledged / resolved within
timescales; 
ii) Number of cases referred for antisocial behaviour contracts (ABCs) or
antisocial behaviour orders (ASBOs); 
iii) Number of evictions for antisocial behaviour; 
iv) Number of domestic noise complaints and the average time in hours
between the complaint and attendance on site; 
v) Number of incidents reported using the Equalities Incidents Monitoring
Form.   
16.     Policy Review 
16.1    This policy will be reviewed in 2027 or earlier if required by changes to legislation
and/or statutory guidance. 
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THE MORAY COUNCIL
ANTISOCIAL BEHAVIOUR
POLICY & PROCEDURE
Appendix 3
Item 7
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Index   
Policy 
1. Background
2. Principles of the policy & procedure
3. Definitions of antisocial behaviour
4. Scope
Procedure
5. Making a complaint
6. Confidentiality
7. Categorising a complaint
8. Acknowledging a complaint
9. Resolution timescales
10. Dealing with a complaint
11. Investigating a complaint
12. Initial investigation
13. Gathering evidence
14. Liaison with other services and agencies
15. Information sharing
16. Interviewing the complainant
17. Interviewing the alleged perpetrator
18. Mediation
19. Review of  the complaint
20. Collating more evidence
21. Enforcement actions: adults
22. Antisocial behaviour contracts: adults
23. Antisocial behaviour contracts: young people
24. Antisocial behaviour panel
25. Antisocial behaviour orders
26. Antisocial behaviour orders: young people (12 – 15 year olds)
27. Case closure
28. Case not substantiated
29. Case not resolved
30. Monitoring
31. Training
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Policy 
1. Background 
1.1 The Scottish Executive has made tackling antisocial behaviour one of its main
priorities.  Moray‟s Community Planning Partnership has strategic
responsibility for implementing the drive against antisocial behaviour, and this
is achieved and monitored under the direction of the Moray Community
Safety Partnership.  The Moray Council also employs an Antisocial Behaviour
Co-ordinator who sits on the Community Safety Partnership and manages the
development of services and initiatives associated with antisocial behaviour in
Moray. 
1.2 Surveys of people resident in Moray have revealed that a wide range of
antisocial behaviour ranging from alcohol and drug induced behaviour to
vandalism and dog fouling are areas of particular concern to them.  The
Council is committed to reducing and tackling antisocial behaviour by
responding firmly and effectively to complaints.  This policy and procedure
will provide a framework for action relating to complaints of antisocial
behaviour.  This policy and procedure also links with and complements the
Council‟s Community Safety Strategy, the Information Sharing Protocol, The
Adult Support and Protection (Scotland) Act 2007 and its associated Code of
Practice and the Council‟s policy for dealing with Neighbourhood Disputes. 
1.3 Where people live close together there is always the scope for friction and
disputes.  Clashes of lifestyles where people are from different age groups,
come from different cultural backgrounds, or have different working or
sleeping patterns can easily give rise to arguments. The spectrum of antisocial
behaviour is wide: it might threaten the physical or mental health, safety or
security of other households or individuals. 
1.4 This policy and procedure is not intended to address behaviour that is merely
different and will not be used to promote the harassment of individuals, groups
or vulnerable persons for behaviour that results in being of a different race,
origin or belief system. 
1.5 The Council is committed to encouraging tenants to report incidents of
antisocial behaviour and to dealing with complaints of neighbour disputes or
antisocial behaviour in a consistent and sensitive manner.
2. Principles behind the policy and procedure 
2.1 The principles underpinning the Council‟s antisocial behaviour policy are:- 
The incidence of severe cases of antisocial behaviour is low, but where it
does occur, it can cause severe stress.  The Council recognises the stress
that extreme instances may cause. 
Any response to antisocial behaviour complaints often requires a multi-
agency approach.  The Council will therefore seek to work co-operatively
with relevant agencies in dealing with cases.
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Where appropriate, the Council will take early action to prevent disputes
escalating. 
The Council will seek to act in a manner that is consistent with accepted
good professional practice. 
The Council will ensure that it does not act in a discriminatory manner
when dealing with antisocial behaviour complaints.
3. Definitions of antisocial behaviour 
3.1 Antisocial behaviour – a legal definition: 
Section 143 of the Antisocial Behaviour Etc (Scotland) Act 2004 provides that
a person engages in antisocial behaviour if they:- 
“… act in a manner that causes or is likely to cause alarm or distress; or pursue
a course of conduct that causes or is likely to cause alarm or distress, 
to a least one person who is not of the same household.”. 
“conduct” includes speech and “a course of conduct” must involve conduct on
at least two occasions.  From this it can be seen that behaviour is defined as
antisocial by the effect, or perceived effect which it has on individuals or the
wider community.   
3.2 Antisocial behaviour – a working definition: 
The expression “antisocial behaviour” carries the implication that the
behaviour in question is blameworthy.  The terms “antisocial behaviour”,
“neighbour nuisance”, and “neighbour disputes” are often considered to be
interchangeable.  However, neighbour nuisance does not carry such strong
negative connotations as antisocial behaviour but does imply that neighbours
might reasonably be annoyed by the behaviour in question.  Where the
reasonable response of neighbours is or is likely to be alarm or distress, such
behaviour may however, more appropriately be classed as antisocial
behaviour.  Neighbour disputes focus on the existence of conflict without
necessarily implying that it is appropriate to attribute blame.  One example is
noise travelling between adjacent properties.  The purpose of this policy and
procedure is to set out processes which will be operated where a complaint of
antisocial behaviour as defined above is received by the Moray Council. 
4. Scope 
4.1 This policy and procedure applies to all complaints of antisocial behaviour not
made against a council tenant, for which see the related Moray Council
Neighbour Disputes and Antisocial Behaviour Policy and relative procedure,
or against a person under 16 years of age, for which see the Moray Council
Antisocial Behaviour Young Persons Process.  Similarly complaints made
relative to premises owned by a Registered Social Landlord (RSL) should be
referred, in the first instance, to the RSL. All complaints will be evaluated by
the Antisocial Behaviour Co-ordinator and allocated appropriately for action.
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Procedure 
5. Making a complaint 
5.1 In this procedure the person making the complaint will be referred to as the
“complainant” and the subject of the complaint will be referred to as the
“alleged perpetrator”. 
5.2 The Council will accept complaints in a number of ways:- 
By letter 
In person 
By telephone 
In the course of an interview 
By e-mail 
Via an elected member/MSP/MP 
6.  Confidentiality 
6.1 All complaints will be treated in confidence if the person making the
complaint asks for this. However it will be made clear that they may be able to
be identified from the details of the complaint.  In addition, where total
confidentiality is requested, this may limit the action we are able to take. 
Anyone making a complaint will be offered a choice of suitable venues to
discuss their complaint(s). 
6.2 It will not normally be possible to act on anonymous complaints unless simple
and independent verification of the complaint is possible, for example through
visual inspection of a public area.  In the event that an anonymous complaint is
received that may involve other departments, the Antisocial Behaviour Co-
ordinator will forward the complaint on to the relevant department. 
6.3 The terms of data protection legislation will be adhered to within this policy. 
7. Categorising a complaint 
7.1 The Council is committed to responding to complaints of antisocial behaviour
as quickly as possible.  However, it is important to ensure that the most serious
complaints are investigated without delay.  Accordingly progression of
complaints must be prioritised.   
Category A: Severe antisocial behaviour, where the involvement of the police
is necessary. 
For example:   
violence towards another tenant 
threatening behaviour 
drug dealing
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harassment (including racial harassment) 
Category B: Antisocial behaviour, where the behaviour is of a serious and/or
persistent nature. 
For example:   
threats 
vandalism/damage to common areas   
serious disturbance 
noise nuisance (more serious, persistent or recurring) 
Category C: Disputes solely between two neighbours. 
For example:   
use of common areas 
maintenance/use of boundaries 
noise (due to lifestyle differences and or general domestic noise) 
Category D: Ordinary breach of tenancy conditions. 
For example:   
not keeping garden tidy 
parking in unauthorised areas on housing property 
failing to control pets 
8. Acknowledging a complaint 
8.1 Target times for an initial response, from the investigating person, to the
different categories of complaint are outlined below:- 
Category A: visit/interview complainant and contact police within 1
working day. 
Category B: carry out initial investigation and assess appropriate action. 
Contact complainant by phone/letter/visit within 2 working days to advise
of assessment. 
Category C: investigate complaint and contact complainant by
phone/letter/visit within 5 working days. 
Category D: investigate complaint and contact complainant by
phone/letter/visit within 5 working days. 
8.2 Customers‟ preferred means of communication will be used if possible.  If a
customer prefers to communicate by email, response letters will be emailed as
PDF attachments. 
9. Resolution timescale 
9.1 The target timescale for investigating and resolving a complaint is 20 working
days from the date the initial acknowledgement letter is sent.  In exceptional
cases, it may not be possible to investigate and resolve complaints within this
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HB 1204812  Revised Policy & Procedure March 2013
timescale, for example, if further information is needed to respond.  In these
cases the Antisocial Behaviour Co-ordinator will contact the customer to
confirm a revised response date and a reason for the delay 
10. Dealing with a complaint 
10.1 It is vital that all evidence is documented.  This may include:- 
the initial report containing preliminary details of the complaint. 
witness statements. 
diary evidence. 
photographic evidence. 
interview statements. 
all communications including details of all telephone calls,
visits/interviews, letters and other contact. 
10.2 In cases involving harassment of any of the groups protected by the 2010
Equality Act (i.e. race, religion/belief, gender, age, disability,
pregnancy/maternity, gender reassignment, and sexual orientation), a victim-
orientated approach should be taken, on the basis that if the victim or any
other person believes that the behaviour is motivated in relation to their
protected characteristic, then this will be acted upon.  The Antisocial
Behaviour Co-ordinator will help the complainant to complete an Equalities
Incident Monitoring Form and will offer relevant information and advice and
sources of support. Procedures will be put in place to identify repeat victims
and appropriate support and assistance will be offered. 
10.3 In the event that the complainant does not want the complaint to be
investigated or action taken, the Antisocial Behaviour Co-ordinator must
explain to the complainant that unless independent evidence can be collated to
substantiate the complaint, it may be impossible to take action against the
alleged perpetrator.  The Antisocial Behaviour Co-ordinator will offer
information and advice regarding possible sources of support.   
10.4 The Antisocial Behaviour Co-ordinator will advise the complainant that in the
event of a serious dispute, his/her evidence or testimony may be required in
order to secure legally enforceable remedies, for example Antisocial
Behaviour Orders or interdicts.  The Antisocial Behaviour Co-ordinator will
request the complainant‟s consent, respect his/her views and advise of the
implications. 
10.5 The Antisocial Behaviour Co-ordinator will ensure that the complainant is
aware of the need to liaise with other services, for example environmental
health or the Police in certain circumstances.  This may involve sharing
personal information including the complainant‟s personal details.  The
Antisocial Behaviour Co-ordinator will comply with the terms of the
Information Sharing Protocol and will either secure completion of a consent
form or service of a fair processing notice as appropriate. 
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HB 1204812  Revised Policy & Procedure March 2013
10.6 Following receipt of a complaint, the Antisocial Behaviour Co-ordinator will
determine the nature and extent of the initial investigation which will include,
as appropriate, the following:- 
initial response to the complaint. 
interview of complainant. 
interview of alleged perpetrator. 
re-assessment of situation. 
course of action decided upon. 
relevant further steps taken. 
closure of the case. 
10.7 The Antisocial Behaviour Co-ordinator or other officer handling the relevant
stage of the complaint will keep in contact with those involved in the dispute. 
It is vital that the complainant is kept updated with progress of the complaint. 
All contact and attempted contact must be documented on the relevant file. 
11. Investigating a complaint 
11.1 The Antisocial Behaviour Co-ordinator will instruct the appropriate
Community Warden/partner agency to investigate the complaint.  The
investigation will be completed within a timescale that reflects the seriousness
of the case.  The level of investigation and the methodology used will be
determined by the categorisation of the complaint.  Certain complaints may be
referred for expert investigation, for example, by environmental health or
Grampian Police.  It may not be necessary for the Community Warden to
interview the complainant in every instance in order to verify the facts. 
Complaints of a more serious nature will require more in-depth investigation. 
The Antisocial Behaviour Co-ordinator will take a view as to appropriate
action following the complaint only after initial investigation has taken place
and a clear assessment can be made on the strength of the evidence.  The
Community Warden and Antisocial Behaviour Co-ordinator will remain
impartial throughout the investigation process. 
12. Initial investigation 
12.1 On receipt of a complaint the Antisocial Behaviour Co-ordinator will establish
if there have been any complaints in the previous months relative to the
alleged perpetrator, in order to ascertain whether there is a pattern of
behaviour. 
12.2 It may be appropriate for the Antisocial Behaviour Co-ordinator to encourage
the complainant to speak to the alleged perpetrator, if he or she has not already
done so.  If the complainant refuses to do so, this does not mean action will
not be taken using mediation principles, the Antisocial Behaviour Co-
ordinator may recommend specific action to de-escalate the dispute and
negotiate a compromise. 
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HB 1204812  Revised Policy & Procedure March 2013
13. Gathering evidence 
13.1 Dealing successfully with complaints depends primarily on the strength of the
evidence gathered by the Community Wardens.  In gathering evidence the
Community Warden must ensure that:- 
he/she does not make judgements about who is at fault until a full
investigation is completed. 
details are taken in full, are accurate, and where possible in
chronological order. 
full names and addresses of witnesses are recorded, together with their
relationship with the complainant e.g. friend, sister etc. 
details such as the time of day, weather conditions, visibility and
witnesses to an incident which may be important are recorded. 
if the complaint is of a serious nature, as soon as possible after the
complaint is made, the Community Warden will collect evidence with
a view to preserving that evidence for a possible future court case.  If
this is not done at a very early stage, it may be impossible to pursue
legal action later. 
all records of any interviews, phone calls, etc are signed by the
community warden, dated and documented. 
information is recorded in a non-judgemental way, recording the facts
of the case as they have been related to the Community Warden. 
where appropriate, the case against an alleged perpetrator is made
stronger by evidence gathered from a number of witnesses.  The
Antisocial Behaviour Co-ordinator will ensure that Community
Wardens are advised if more than one complaint has been made
relative to the same alleged perpetrator. 
photographic evidence is taken where appropriate.  Where
photographic evidence is taken by the Community Warden, he/she will
write his or her name, the date and time the photos were taken on the
reverse and will sign the photo as soon as the print is available,
recording also the name and address of the complainant. 
13.2 In order to substantiate the facts, it may be necessary for Community Wardens
to visit surrounding neighbours and ascertain the neighbours‟ views and
comments.  Detailed notes of neighbours‟ statements must be recorded.  Care
must be taken at all times to maintain the confidentiality of the complainant. 
14. Liaison with other services and agencies 
14.1 The Equality and Human Rights Commission (EHRC) in 2011 placed a duty
on local authorities for all front line members of staff to be involved in
identifying vulnerable persons, particularly in relation to incidences of anti-
social behaviour. The Council is committed to Equalities Incidents Monitoring
under the Equality Act 2010, which aims to eliminate discrimination and
promote equality.  Where incidents occur, they must be reported using the
Equalities Incidents Monitoring Form. 
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HB 1204812  Revised Policy & Procedure March 2013
14.2 The measures described in this policy are intended to provide protection to
individuals and groups whose quality of life is undermined by the antisocial
behaviour of others.  Individuals who experience prejudice, for example on the
grounds of race, religion or belief, gender, age, disability,
pregnancy/maternity, gender reassignment or sexual orientation may also be
more likely to be the victims of antisocial behaviour.  The measures outlined
are not intended to tackle behaviour that is merely different, or behaviour that
is the result of a medical or mental health issue.  In tackling antisocial
behaviour, The Moray Council will pay due regard to its obligations under the
Local Government in Scotland Act 2003. 
14.3 Where antisocial behaviour appears to arise as a result of an individual‟s
addiction to drugs, alcohol or other substance the Council will seek to involve
appropriate agencies and every effort will be made to resolve the issue before
legal remedies are considered. 
14.4 Where an individual's antisocial behaviour relates to mental health issues the
Council will liaise closely with health and social work services. If the
behaviour is not addressed the Council will work with others to identify other
options, such as more appropriate accommodation, before legal remedies are
considered.   
14.5 Where an individual appears to be vulnerable for any other reason the Council
will liaise with any appropriate body in order to highlight this and in an
attempt to resolve the issue before legal remedies are considered.  For
example, if a noise complaint is due to young children being left unsupervised
for extended periods of time, the Antisocial Behaviour Co-ordinator will
inform social work.   
14.6 If the alleged perpetrator has a recognised “case worker” or is known to social
work or community care, they must be advised of the situation. As always,
liaison with these services should take place in accordance with the terms of
the Antisocial Behaviour Information Sharing Protocol (see paragraph 15). 
14.7 If the alleged perpetrator is not known to social work or community care, the
Antisocial Behaviour Co-ordinator will complete a single shared assessment
relative to the alleged perpetrator, or will obtain their permission to refer
him/her to the relevant service.  The single shared assessment is a tool to assist
practitioners to assess the needs of individuals and facilitate information
sharing between relevant services.  Thereafter the relevant contact in social
work/community care, etc must be kept informed by the Antisocial Behaviour
Co-ordinator of any action and all such contact must be recorded in the file. 
Every effort should be made to resolve the problem through appropriate
provision in a care package or through similar action, e.g. mediation, and any
action planned relative to the alleged perpetrator should be suspended until
there has been an opportunity to assess the success of the care package or
similar action in this respect.  Every effort must be made to resolve the
situation via joint working with other agencies prior to considering referral to
the Antisocial Behaviour Panel for further action. 
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HB 1204812  Revised Policy & Procedure March 2013
14.8 The Moray Council will be unable to tackle nuisance and antisocial behaviour
effectively without referral to other services and agencies.  The terms of the
Antisocial Behaviour Information Sharing Protocol will be observed when
liaising with relevant outside services and agencies (see paragraph 15). 
15. Information sharing 
15.1 Liaison with other agencies can be critical to the effective management of
antisocial behaviour.  The Council has an Information Sharing Protocol in line
with Section 139 of the Antisocial Behaviour etc (Scotland) Act 2004 with
Registered Social Landlords, Police, the Procurator Fiscal, Children‟s
Reporter, Grampian Police, Grampian Fire and Rescue Service and NHS
Grampian.  The protocol allows information to be shared in connection with
tackling antisocial behaviour. Joint working will continue to be promoted to
achieve to ensure multi-agency approaches to addressing problems. 
15.2 The protocol addresses the identification and appointment of designated
officers, the grounds for and extent of disclosure, confidentiality agreements
and records of disclosure.  Designated officers can decide on a case by case
basis why the disclosure of information is necessary under the 1998 and 2004
Acts.  Designated officers are able to request information in respect of
individuals and are responsible for ensuring that the processing of personal
data is in keeping with the principles of the Data Protection Act 1998.  The
sharing of information ensures that a proposed course of action is appropriate
and relevant and also serves as protection for officers dealing with alleged
perpetrators or those affected by antisocial behaviour.   
15.3 Upon receipt of a request, the partnership organisations will acknowledge
requests within 5 working days.  An assessment will then be undertaken to
consider the nature of the request and respond within 10 working days.  If this
timescale is insufficient, organisations involved will reach a mutually
agreeable timescale. 
15.4 Where the information requested is urgent, verbal requests for sharing
information will be confirmed in writing within 5 working days. 
16. Interviewing the complainant 
16.1 Having completed an initial investigation of the complaint, the Antisocial
Behaviour Co-ordinator will assess if a full interview with the complainant is
necessary to collate more details.  This will depend on the nature of the
complaint and the categorisation awarded to it.  It will not be necessary to
interview the complainant in every instance. 
16.2 The interview with the complainant can be vital to the investigatory process,
especially as regards serious complaints.  The interview must take place as
soon as possible after receipt of the complaint.  Timescales will vary in
accordance with the categorisation given to the complaint.  The Antisocial
Behaviour Co-ordinator will contact the complainant by letter, phone or in
person and invite him/her to attend an interview at a mutually agreeable time
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HB 1204812  Revised Policy & Procedure March 2013
or arrange for a Community Warden to conduct the interview.  If requested,
the Antisocial Behaviour Co-ordinator/Community Warden will interview the
complainant in his or her home.  If more than one person in the household has
been affected, all relevant occupants will be interviewed in order to verify and
substantiate the complaint.  If the witness being interviewed is under 16 years
of age, the person conducting the interview will ensure that a person over 16
years of age attends the interview (preferably the parent or guardian of the
witness).  If the alleged perpetrator is under 16 years of age, the Antisocial
Behaviour Co-ordinator will refer the case under the young person‟s process. 
16.3 The person conducting the interview must allocate enough time and ensure
that confidentiality is maintained.  The purpose of the initial interview is to:- 
establish the facts surrounding the complaint, as described by the
complainant. 
establish what action (if any) the complainant has already taken. 
discuss with the complainant possible solutions, for example
mediation, an interview with the alleged perpetrator, legal action etc. 
advise, where appropriate, of the significance of incident diaries and
how they should be kept. 
discuss, where appropriate, the need for further evidence gathering, for
example from other witnesses, diary sheets, photographs etc. 
provide the complainant with information about other agencies that can
help, advise and support them. 
16.4 The person conducting the interview will ask the interviewee to sign and date
the statement taken during the interview.  Before doing so the witness will be
advised of the possible need for testimony to be given in court and will also
comply with the provisions of the Antisocial Behaviour Information Sharing
Protocol. 
16.5 If the complaint concerns behaviour which recurs on a regular basis, the
complainant and any others who may witness events must be advised to keep a
diary.  The complainants and any other witnesses keeping a diary must be
advised that, if the situation continues and court action is deemed to be
necessary, he/she may be called as a witness and the diary lodged and referred
to in court.  The purpose of lodging the diary is to ensure that there is a clear
record of incidents as soon as possible after the event.  This can make it easier
to refresh the person‟s memory whilst giving evidence, if necessary. 
17. Interviewing the alleged perpetrator 
17.1 Having completed an initial investigation, the Antisocial Behaviour Co-
ordinator will, if appropriate, arrange for a Community Warden to interview
the alleged perpetrator in order to verify the complaint and substantiate the
facts.  The interview must take place as soon as possible after receipt of the
complaint.  Timescales will vary in accordance with the categorisation given
to the complaint. 
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17.2 The Community Warden will, where appropriate, make initial contact with the
alleged perpetrator and discuss the complaint, where appropriate, in the
alleged perpetrator‟s home.  Any contact made must not be accusatory nor
infer prejudice, and should be done in a manner that will encourage a positive
response. 
17.3 If the alleged perpetrator does not respond to the contact made or does not co-
operate with attempts made to discuss the complaint, the Antisocial Behaviour
Co-ordinator will contact the alleged perpetrator and arrange an interview
whilst continuing with other methods of investigation. 
17.4 In the event that the alleged perpetrator continues to ignore the contact made
or fails to attend interviews, the Antisocial Behaviour Co-ordinator may, if
there is enough evidence to substantiate the complaint, nonetheless proceed
with appropriate action. 
17.5 If the alleged perpetrator engages in discussion regarding the complaint, the
Community Warden must explain the purpose of the interview to the alleged
perpetrator and in particular explain the nature of the complaint in a clear and
succinct manner. 
17.6 The Community Warden will complete an interview checklist during the
course of the interview. 
17.7 During the interview, the Community Warden must ensure that confidentiality
is maintained, e.g. the Community Warden must not take to the interview any
documentation containing the complainant‟s personal details. 
17.8 The alleged perpetrator must be given the opportunity to respond to the
complaint made.  The Community Warden will record the responses given by
the alleged perpetrator and will provide the alleged perpetrator with details of
the Antisocial Behaviour Policy and Procedure and where this can be
accessed.  A copy of the notes taken at the interview must be kept on file and
may be used as evidence if any further action is required.  The Community
Warden will ask the perpetrator to sign and date the statement taken to verify
that the statement is accurate.  Before doing so, the person conducting the
interview will comply with the relevant provisions of the Antisocial Behaviour
Information Sharing Protocol (see paragraph 15). 
17.9 If the alleged perpetrator accepts that he/she or his/her family has/have acted
as described by the complainant, the Community Warden will determine
further action to take by reference to the nature of the complaint.  The
Community Warden will make it clear to the perpetrator that he/she is
responsible for the behaviour of all household members and visitors and that
the behaviour must stop.  The Community Warden must advise the perpetrator
that if the behaviour continues, further action will be taken which may include
an Antisocial Behaviour Contract (ABC) or an application for an ASBO. 
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17.10 If the alleged perpetrator makes counter allegations, the Antisocial Behaviour
Co-ordinator will record a new complaint and follow the appropriate
procedure for that complaint. 
17.11 If the alleged perpetrator denies the allegations made, the Community Warden
will continue the investigation and if substantiated will liaise with the
Antisocial Behaviour Co-ordinator regarding action (if required) appropriate
to the categorisation awarded to the complaint. 
17.12 Where it is inappropriate to attribute blame relative to the subject matter of the
complaint, the Antisocial Behaviour Co-ordinator will consider specific action
in an attempt to de-escalate the dispute.  Again the nature of the complaint will
determine the appropriate action. 
17.13 The investigation will establish if the initial categorisation given to the
complaint is correct.  In that event the categorisation will be reviewed by the
Antisocial Behaviour Co-ordinator and the file marked appropriately. 
18. Mediation 
18.1 During the course of the investigation the Antisocial Behaviour Co-ordinator
will establish if either party has made any contact with the other in order to
discuss and rectify the situation.  If contact has not been made or if the
Antisocial Behaviour Co-ordinator considers that the situation has arisen due
to a lack of awareness or a difference in lifestyle, the Antisocial Behaviour
Co-ordinator may consider that the first course of action is to arrange a
meeting of both parties.  Any such informal mediation will be conducted by
the relevant Community Warden, in accordance with mediation principles.  If
this proves unsuccessful, the Antisocial Behaviour Co-ordinator may formally
refer to the case to the Community Mediation on an individual cost basis. 
18.2 Prior to a referral, the Antisocial Behaviour Co-ordinator will establish if the
case is suitable for mediation by reference to the guidelines developed by the
Community Mediation Service.  These provide filtering criteria to identify
suitable cases for mediation.  Referrals may be accepted if at least one party
agrees to mediation.  Referral is unlikely to be approved: - 
if both parties are subject to legal action because of their antisocial
behaviour. 
if both parties have a history of violence towards staff or neighbours. 
where allegations of racism or harassment have been made and are being
investigated by the police. 
19. Review of the complaint 
19.1 Both during and on completion of the investigation process, the Antisocial
Behaviour Co-ordinator must assess the current action taken and determine
appropriate action in line with unfolding events.  Following conclusion of the
investigation process, the Antisocial Behaviour Co-ordinator must form a final
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opinion on the scale and severity of the complaint, if the complaint can be
substantiated and what action is required. 
19.2 Options available to the Antisocial Behaviour Co-ordinator include:- 
Take no further action and formally close the file as initial action has
resolved the problem.  This applies to category C complaints if after a
period of 21 days from the date of acknowledgement of the complaint, no
further complaints are received. 
Continue with the investigation to obtain more evidence. 
Monitor the effectiveness of the action taken to date (if any). 
Improved evidence prior to taking legal action if satisfied that this is
warranted. 
Consult with other agencies. 
19.3 The course of action taken will depend on the severity of the case, with each
case being assessed in its own merit.  If at any point during the procedure, the
Antisocial Behaviour Co-ordinator decides that the complaint may require the
involvement of the Police, he will immediately refer the case to the Police.  If
on the assessment of the complaint, the Antisocial Behaviour Co-ordinator
determines that:- 
the complainant/s or the public may be in danger, or 
staff safety and public safety may be at risk, or 
a criminal offence may have been committed, then 
the Police must be contacted by telephone, a request for assistance made and a
crime reference number obtained. 
20. Collating more evidence 
20.1 In certain complaints, the Antisocial Behaviour Co-ordinator may require
more time to collect the evidence necessary to take action.  This may include:- 
The use of a diary (if this has not already taken place). 
Arranging for Community Wardens to visit the location where the
complaint has taken place more regularly. 
Contact with other agencies. 
20.2 At all times, the complainant must be kept informed of the progress made and
any action taken. 
21. Enforcement action: adults 
21.1 Upon completion of the investigation, the Antisocial Behaviour Co-ordinator
must consider the possible courses of action available.  The timescales for
action depend on the level of nuisance and antisocial behaviour, the evidence
available, and the action meantime taken.  The reasons, causes and remedies
for antisocial behaviour are complex and diverse.  The most appropriate action
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will not necessarily be legal action which will in most cases only be instigated
when all other options have been exhausted.  The complainant must be kept
advised of the action taken. 
21.2 Informal verbal warning: the Antisocial Behaviour Co-ordinator may decide
that the most appropriate way to remedy the complaint is to verbally remind
the perpetrator to respect the rights of the complainer.  All action taken must
be documented (including the date and method used) and recorded on the
appropriate file. 
21.3 Written warning: In the event that there is some evidence to substantiate the
complaint, but the evidence is insufficient to refer the case to the Antisocial
Behaviour Panel, the Antisocial Behaviour Co-ordinator will write to the
perpetrator.  The letter must set out in detail what the perpetrator has done and
make it clear that the Council will not tolerate nuisance and harassment.  The
letter will advise that if the problem continues, the Council will take further
action.  The Antisocial Behaviour Co-ordinator will also write to the
complainant advising them of the position.  Copies of all correspondence must
be kept in the appropriate file. 
22. Acceptable Behaviour Contracts (ABCs): adults 
22.1 ABCs may be considered where the complainant‟s behaviour disturbs or
distresses others within the community and clearly set out details of:- 
actions or behaviour by the perpetrator (which are unacceptable). 
specific actions and agreements the perpetrator will and will not abide by. 
consequences if the offending actions are repeated.   
22.2 Prior to agreeing to an ABC, the referring agency or department will collate
evidence in conjunction with any partner agencies, for example, the Police and
discuss the case with them, then complete a referral form from which an ABC
will be produced.  Reports from relevant support agencies may be required in
order to conduct a review.  
22.3 The referring agency or department will write to the perpetrator and invite
him/her to attend an appointment where they will detail the evidence collated
and explain the terms and conditions of the ABC.  The referring agency or
department must use „best endeavours‟ to ensure that the perpetrator
understands and is aware of the terms and the consequences involved in
breaching the ABC. 
22.4 The ABC will be reviewed a minimum of once a month or as required.   
22.5 If an ABC is breached, the referring agency or department must review the
case and consider appropriate further enforcement action.  The Antisocial
Behaviour Co-ordinator must be informed of the breach. 
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23. Acceptable Behaviour Contract: young people 
23.1 There may be young people who are not known to any services who meet the
criteria of behaving in an antisocial manner.  When considering the use of
ABCs to manage this behaviour it is important to realise the status of an ABC
and the repercussions that can follow a breach i.e. it may be used as evidence
to obtain an Antisocial Behaviour Order (ASBO). The Community Safety
Partnership policy on ABCs which has been adopted by The Moray Council
will be adhered to. 
23.2 If the referring agency or department proposes that an ABC may be
appropriate course of action, they will complete the ABC referral form which
would be sent to the Antisocial Behaviour Co-ordinator. 
23.3 The Antisocial Behaviour Co-ordinator will contact the Youth Justice Co-
ordinator and Children‟s Reporter and they will jointly examine the evidence. 
The evidence will detail the action already taken prior to referral.  As a
minimum, this should be that the young person and their parents have been
spoken to about the behaviour and that this has been followed up in writing.   
23.4 Young person not known to the system: if the young person referral is
appropriate then the Antisocial Behaviour Co-ordinator will return the referral
form to the agency or department allowing them to negotiate the contract with
the young person using an independent restorative justice facilitator. 
23.5 Review: the Youth Justice Co-ordinator will be responsible for organising any
support package required and monitoring compliance. An ABC can be used
initially for up to three months. A review will take place monthly or
immediately following a breach. 
23.6 At the three-month point the ABC can either be extended or will be deemed to
be completed satisfactorily.  The referring agency or department will complete
the review form and request any relevant reports from support agencies and
forward relevant paperwork to the Antisocial Behaviour Co-ordinator.  If the
ABC has failed then a meeting will be arranged with referring agency or
department, Antisocial Behaviour Co-ordinator and Youth Justice Co-
ordinator where consideration will be given to referring the young person into
the Local Integrated Assessment and Planning process (LIAP). 
24. Antisocial Behaviour Panel 
24.1 Cases will be referred to the Antisocial Behaviour Panel when they involve
either complaints which have been categorised as serious in which case they
may be fast tracked for consideration by the Panel after minimal initial
investigation, or complaints which have a complex or protracted history where
the enforcement action detailed previously has either failed to resolve the
complaint or legal action otherwise requires to be considered.  Cases may also
be referred directly to the Panel by the housing service, by Grampian Police by
a Registered Social Landlord (RSL) or as a youth referral.   
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24.2 All evidence gathered during the investigation will be placed before the Panel
for their consideration. 
24.3 All legal remedies will be considered by the Panel, subject to the level of
evidence required being available.  Legal remedies that the Council may
request include the following:- 
Interdict. 
Interim Interdict. 
Antisocial Behaviour Order/Interim Antisocial Behaviour Order. 
Antisocial Behaviour Notice. 
24.4 Cases referred to the Antisocial Behaviour Panel by a RSL are referred for
consultation, in order to ensure that a consistent approach to ASBOs is taken
through Moray.  The decision whether to proceed with an ASBO will
however remain that of the RSL. 
25. Antisocial Behaviour Orders 
25.1 Before making an application for an ASBO agencies are required to:- 
consult the Chief Constable of Grampian Police, 
consult the Chief Constable of each force area for an area where there is an
affected person, 
consult each local authority in whose area there is an affected person, and 
consult the Principal Reporter. 
25.2 The terms of the ASBO will be agreed in consultation with partner agencies
and must:- 
be reasonable, clear and unambiguous. 
be the least necessary to restrict the behaviour complained of. 
relate to the area where the antisocial behaviour occurred and where it is
reasonable to expect that it could happen in the future. 
25.3 The duration of the ASBO will be determined in consultation with partner
agencies, taking into consideration the seriousness, persistence, age and
maturity of the person subject to the application. 
25.4 Court: in cases considered to be the most serious, notably where threatening
behaviour or actual harm has occurred, the applicant will ask for the
perpetrator to be given a reduced period of notice in order to have the ASBO
application called in court in the shortest possible timescale. 
25.5 Interim ASBOs: may be granted by a Sherriff at an initial court hearing in
advance of a full hearing for an ASBO.  An interim ASBO will take the same
form as a full ASBO but will last only until the application for the full ASBO
is determined or the interim ASBO is otherwise earlier recalled.  Prior to
making an interim ASBO application the applicant will satisfy itself that
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victims, witnesses or members of the wider community require immediate
protection from antisocial behaviour. When a full ASBO cannot be obtained at
the initial court hearing, a request for an interim ASBO will usually be made at
the earliest opportunity.  The decision whether to grant an interim or full
ASBO is one for the Sheriff alone. 
25.6 Appeals: either the applicant or the defender can appeal the Sheriff‟s decision. 
In terms of Sections 27 and 28 of the Sheriff Court (Scotland) Act 1907, the
person appealing can choose whether to appeal to the Sheriff Principal or
Court of Session. 
25.7 Under Section 6 of the Antisocial Behaviour Etc (Scotland) Act 2004, the
Order remains in force pending the outcome of the appeal.  It is however
possible to apply for an order to be varied or revoked while an appeal is
pending. 
25.8 Review of ASBOs: the Antisocial Behaviour Panel will review ASBOs at least
every six months, where possible there being representation on the Review
Panel by all agencies involved in approving the original application.  The
purpose of the review is to consider if the terms of the ASBO are adequate and
if the ASBO still requires to be in force. 
25.7 The factors considered in determining the decision to apply for an ASBO will
form the basis of the review of the ASBO.  In most cases ASBOs will be
revoked if no complaints have been received in the previous two year period. 
25.8 Applications may be made to the Court to revoke the ASBO or vary the terms
of the ASBO.   
25.9 Appropriate consultation with partner services and agencies and the
community will take place prior to making such applications all in accordance
with the Panel‟s procedural rules. 
25.10 Variation or Revocation of ASBOs: can be applied for in accordance with the
rules of procedure of the Antisocial Behaviour Panel. 
25.11 In cases involving persons under 16 years of age, the matter should first have
been considered through the local authority planning process and due
consultation with the Principal Reporter must have been carried out. 
25.12 Where a defendant applies for an order to be varied or revoked, the Sheriff
must obtain the views of the original applicant and, in cases involving 12-15
year olds, the Children‟s Reporter before coming to a decision. 
25.13 ASBOs cannot be transferred between local authorities.  If an individual
moves to another authority area a fresh ASBO would be required if their
behaviour justifies it.  If there is no continuing need for the original order, the
applicant should consider applying to the Sheriff to have it revoked.  However,
the order may be kept in place once the individual has left the authority area if
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it is reasonably suspected that the individual may return and engage in the
prohibited antisocial behaviour. 
25.14 Breach of an ASBO: this is a criminal offence which should be reported
immediately to Grampian Police. 
25.15 Grampian Police will investigate all such allegations and where there is
sufficient evidence, report the person for breach of an ASBO.  Section 11 of
the Antisocial Behaviour Etc (Scotland) Act 2004 provides the Police with a
statutory power of arrest for breach of an ASBO or interim ASBO.  This
ensures that where a constable reasonably believes that a person is committing
or has committed an offence under Section 9(1) of the Act, that the constable
may arrest the individual without warrant. 
25.16 Persons aged 16 or over will appear in court either on a written undertaking or
from custody to ensure that the alleged offender appears in court soon after the
incident. 
25.17 Persons aged under 16 will be released into the care of their parent or guardian
or local authority.  In certain cases Grampian Police may detain the child
under Section 43 of the Criminal Procedure (Scotland) Act 1995. 
25.22 Grampian Police will inform all relevant services and agencies of the reported
breach of an ASBO and the action taken at the earliest opportunity and no later
than the next working day. 
25.18 The Moray Council will consider any necessary follow up action in
consultation with partner services and agencies.  It is the policy of the Crown
Office Procurator Fiscal Service (COPFS) to prosecute cases for breached
ASBOs for persons aged 16 or over subject always to the Procurator Fiscal‟s
overriding discretion to deal with cases which are appropriate for prosecution.
Grampian Police will notify the relevant services and agencies of the court
dates for cases and the outcome of cases referred for prosecution. 
25.19 In cases involving persons under 16 years of age, COPFS will refer cases to
the Children‟s Reporter unless the breach of the ASBO is considered to be a
serious offence.  It is expected that most breaches of ASBOs by those under 16
will be dealt with through the Children‟s Hearing System, although again, the
decision whether to do so remains at the discretion of the Children‟s Reporter. 
25.20 Record of ASBOs: The Antisocial Behaviour Co-ordinator will maintain a
register of all ASBOs and interim ASBOs relevant to The Moray Council
whether originally applied for by the Council or by a RSL.  Legal services will
be provided with an updated copy of the Register following each amendment. 
This register is not available for public inspection and details from the register
will only be disclosed in accordance with relevant Data Protection and
Freedom of Information legislation 
25.26 When the Moray Council is advised that a person subject to an ASBO plans to
move or has moved from Moray, the Antisocial Behaviour Co-ordinator will
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inform the “receiving Council”.  He will record this and inform relevant
services and agencies and the ASBO will be reviewed. 
25.21 The Antisocial Behaviour Co-ordinator will hold a record of all revoked
ASBOs.  Details will be removed from this record once an ASBO has been
revoked for 2 years. 
25.22 Notification and Publicity: following the grant of an ASBO, The Moray
Council will advise all persons who have been or who are likely to be affected
by antisocial behaviour by the person subject to the ASBO.  The information
provided will confirm:- 
the identity of the person subject to the ASBO. 
the terms of the ASBO. 
what should be done if further antisocial behaviour occurs. 
25.23 Generally the media will not be used to publicise individual ASBOs but may
be used where the antisocial behaviour involved has either caused significant
concern in the community or is such that publication may be expected to deter
similar instances of antisocial behaviour. 
25.24 The identity of the person subject to the ASBO will not generally be disclosed
by the Council to the media but may be in the circumstances outlined in para
25.22 above. 
25.25 It is recognised that convictions for breached ASBOs are more likely to attract
media publicity and The Moray Council will seek to ensure reasonable and
factual media reporting in such situations. 
25.26 Where appropriate the use of ASBOs will be publicised to demonstrate actions
being taken to address antisocial behaviour.  This may include reference to
individual ASBOs in accordance with para. 25.22 above, but will more
commonly include only general information. 
25.27 Press releases for media publicity will be co-ordinated and approved by the
relevant PPR officer of The Moray Council in liaison with the Antisocial
Behaviour Co-ordinator and the service which referred the matter to the Panel. 
26. Antisocial Behaviour Orders: young people (12 – 15 year olds) 
26.1 If the Antisocial Behaviour Co-ordinator feels it would be appropriate to apply
for an Antisocial Behaviour Orders (ASBO) against a young person, that
person will usually have had a history within the Local Integrated Assessment
and Planning (LIAP) process.  The Co-ordinator will have evidence of all the
interventions and/or diversionary measures instigated prior to considering an
ASBO.  However, where a young person‟s antisocial behaviour has escalated
greatly over a short period of time, the case may be referred directly to the
Panel. 
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26.2 In cases which are not fast tracked to the Panel, the application for an ASBO
for a young person will be made by submitting a full referral form to an
extended LIAP, which will consider the evidence and behaviour of the young
person.  The extended LIAP can refer the application back to the co-ordinator
with recommendations that other measures should be explored or agree that
the ASBO process should continue.  The application including evidence will
be forwarded to the Children‟s Reporter who has a key role to play in the
process.  At this stage a full assessment will be carried out on the young
person and a detailed support plan will have been developed. 
26.3 The Reporter will have access to detailed records on the young person which
are crucial to informing the extended LIAP when considering a ASBO.  The
Reporter will act as a gatehouse for the Children‟s Hearing system and will
chair the extended LIAP when considering an ASBO. 
26.4 If the extended LIAP supports the application for an ASBO and the Children‟s
Reporter agrees, all relevant documentation must be forwarded for
consideration by the Panel in the usual way. 
27. Case Closure 
27.1 The Antisocial Behaviour Co-ordinator will close a case when all possible
action has been taken.  A case will only be closed when:- 
the nuisance or cause of the complaint has stopped (after a period of
monitoring). 
the complainant will not allow the Antisocial Behaviour Co-
ordinator/Community Warden to investigate his/her allegations or take any
action. 
there is no evidence to substantiate the complaint and all best endeavours
to collect evidence have been made. 
27.2 The Antisocial Behaviour Co-ordinator will consult with the complainant and
any other agencies involved prior to closing the case. 
27.3 When a case is closed, the Antisocial Behaviour Co-ordinator must write to
the complainant and explain that:- 
the case is closed. 
the case can re-open if the nuisance or antisocial behaviour happens again
or further evidence is obtained that allows action to be taken. 
he/she has the right to appeal a decision. 
27.4 When a case is closed, the Antisocial Behaviour Co-ordinator must write to
the alleged perpetrator to explain that:- 
the case is closed but will continue to be monitored. 
the case can re-open if the nuisance or antisocial behaviour happens again,
or further evidence is obtained that allows action to be taken. 
he/she has the right to appeal the decision.
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27.5 Appeal against closure by the complainant or alleged perpetrator will lie to the
Head of Planning and Economic Development Services of the Moray Council. 
27.6 In the event the complainant or the alleged perpetrator is not satisfied with the
response provided by the Head of Planning and Economic Development
Services, he/she will be referred to the Moray Council‟s Complaints
Procedure. 
28. Complaint not substantiated 
28.1 If after investigation of the complaint the Antisocial Behaviour Co-ordinator
concludes that no action is required, for example, because there is not enough
evidence to substantiate the complaint, the Antisocial Behaviour Co-ordinator
must write to the complainant and advise him/her that:- 
the complaint made has been investigated but not found to be actionable 
the case can reopen if the nuisance or antisocial behaviour happens again 
further evidence is obtained that allows action to be taken 
he/she has a right of appeal 
28.2 The Antisocial Behaviour Co-ordinator should write to the alleged perpetrator
stating that no further action will be taken at this stage but emphasising the
need to have consideration for his/her neighbours. 
29. Complaint not resolved 
29.1 Following conclusion of investigations and collation of all reasonably
attainable evidence, the Antisocial Behaviour Co-ordinator will reassess the
complaint within the timescale originally identified. 
29.2 Following conclusion of investigations the Antisocial Behaviour Co-ordinator
or the appropriate Community Warden should contact the complainant to
assess if the complaint has been resolved.  If not, and further action is to be
taken or the complaint is to be re-categorised, the Antisocial Behaviour Co-
ordinator must inform the complainant and ensure that he/she is continually
updated with regard to any action taken. 
30. Monitoring 
30.1 The Antisocial Behaviour Co-ordinator will be responsible for ensuring that
antisocial behaviour complaints are effectively managed and monitored in the
Moray area in accordance with the Antisocial Behaviour Policy and
Procedure. 
30.2 The Antisocial Behaviour Co-ordinator will extract management information
on a regular basis in order to monitor incidences, case loads and outcomes to
demonstrate the following:- 
The number of community dispute complaints received. 
Categories of community disputes received.
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Number and type of legal remedies sought with outcomes. 
Cases categorised under the racial incident monitoring framework on
outcomes. 
Emerging neighbourhood patterns. 
30.3 The management information provided above will help inform performance
monitoring within the Council and will assist under initiatives with partner
agencies in managing antisocial behaviour. 
31. Training 
31.1 In order to achieve the roles set out for them, staff dealing with complaints of
neighbour disputes and anti-social behaviour will require the appropriate
training.  This may include training on interview skills, use of legal remedies
and mediation skills. 
31.2 The Council will seek to raise awareness of its policy on neighbour disputes and
anti social behaviour within Council Services and other appropriate agencies.
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REPORT TO: HOUSING AND COMMUNITY SAFETY COMMITTEE ON 25 JUNE
2024 
SUBJECT: ALLOCATIONS POLICY ANNUAL PERFORMANCE REPORT
2023/24 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee of the performance of the Council’s Allocations
Policy during 2023/24. 
1.2 This report is submitted to Committee in terms of Section III (G) (11) of the
Council's Scheme of Administration relating to the preparation and
implementation of strategic housing plans. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
(i) considers and notes the performance identified within the report;
and 
(ii) agrees the allocations quotas for 2024/25 detailed at paragraph 5.4
of this report. 
3. BACKGROUND 
3.1 The Communities Committee approved a revised Allocations Policy on 5
February 2019 (Paragraph 9 of the Minute refers) for implementation on 1
May 2019.  On 13 February 2024, this Committee approved further changes
to the Policy but for implementation from 1 April 2024 (Paragraph 8 of the
Minute refers). 
3.2 The Communities Committee approved Moray’s Local Housing Strategy
(LHS) 2019-2024 on 2 April 2019 (Paragraph 6 of the Minute refers). The LHS
sets out the Council’s approach to addressing housing need and
homelessness, property condition and fuel poverty. The operation of the
Allocations Policy is a key factor in the delivery of LHS outcomes. 
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3.3 Performance monitoring information on the operation of its Housing
Allocations Policy has been considered annually by this Committee and its
predecessors since 2005. The most recent report was presented to this
Committee on 27 June 2023 (Paragraph 8 of the Minute refers). 
4. ANALYSIS OF HOUSING LIST ALLOCATION AND DEMAND TRENDS 
4.1 Statistical information on the operation of the policy is presented in
APPENDIX I. The statistics for 2020/21 and 2021/22 should be viewed in the
context of the national response to the COVID-19 pandemic and associated
restrictions in activity. 
4.2 Table 1 provides details of the housing list for the last 5 years. Since 2019/20,
the housing list has reduced by 9.7%. This decrease should be considered
within the context that the Grampian wide common housing register
Apply4Homes disbanded in 2021. Applicants were invited to re-register on the
Council’s new online system if they still required housing. Since 2022/23, the
total number of applications on both the waiting and transfer lists has
increased, resulting in a 13.6% rise to the overall housing list, however both
remain down when compared with 2021/22. Some of these variations can be
attributed to the transition from the previous common housing register to our
current allocations system. 
4.3 Housing List trends are considered in depth as part of the 2023 Housing
Needs and Demand Assessment (HNDA) and reflected as part of the revised
Allocations Policy implemented from 1 April 2024. This will also be a
consideration within the forthcoming Local Housing Strategy (LHS) 2025-
2030. 
4.4 Table 2 details the size and type of housing required by applicants on the
housing list. Over the past 5 years, there has been significant increases in
demand for housing suitable for larger families, as well as an increased need
for amenity and accessible housing.   
4.5 The increased demand for accessible housing is consistent with the projected
demographic changes in Moray and the ageing population. Despite this,
demand for sheltered housing decreased by 11% over the past five years but
increased by 25% in the past year. This will continue to be monitored to
establish whether this is a changing trend and there is ongoing strategic
engagement with Health & Social Care Moray in relation to meeting future
needs. 
4.6 Approaches to increasing the supply of affordable housing detailed in the
Local Housing Strategy and Strategic Housing Investment Plan are aligned
with changes in demand. 
4.7 Table 3 provides summarised information on the first area preference of
current housing list applicants. This shows that the first area preference is
broadly in proportion to the number of dwellings available (across all tenures)
within each Housing Market Area, except for the Elgin Housing Market Area
which has an 8.4% difference.   
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4.8 Applicants who apply for housing can select the areas where they want to live. 
This allows them the choice of any, or all, of the 63 lettings areas across
Moray. These choices can be driven by urgency and availability, rather than
the applicant’s desire to live in a particular area. To support strategic planning
for affordable housing, applicants are asked separately to state their first,
second and third areas of preference (i.e. where they would ideally choose to
live). This second strategic question is the source used to inform the Council’s
approach to delivery of new affordable housing across geographical areas
and is reflected in the Strategic Housing Investment Plan (SHIP). 
4.9 Table 4 provides details of the number of re-lets from Council stock in
2023/24. When this is compared to the housing list as at 31 March 2024, it
shows that there were 8.6 applicants on the list per re-let (8.7:1) during
2023/24. However, this pressure varies greatly across house types and sizes:
• 1 bedroom general needs (32:1);
• 2 bedroom general needs (5:1);
• 3 bedroom general needs (7:1); and 
• 4 bedroom (37:1). 
4.10 The table also shows that there is no evidence of significant migration
between Housing Market Areas (HMA). 
4.11 Table 5 shows a decreasing trend in re-let rates over the five years. The
decrease in re-lets during 2020/21 can be associated with the pandemic
restrictions on house moves in all tenures for part of 2020.  In 2023/24, re-lets
reduced by 17.5% in comparison to the previous year. This was the outcome
of a slight reduction in Council tenancy terminations (6%) but a further
contributing factor was reduced tenancy turnover arising from tenants moving
out of the Moray area or taking up a new tenancy with a Registered Social
Landlord (RSL). This will add further pressure to the housing list should this
trend continue. 
5. ALLOCATIONS QUOTAS FOR THE HOUSING LIST 
5.1 The housing list consists of three separate lists: Waiting, Transfer and
Homeless. The Homeless List includes those assessed as statutorily
homeless, the Waiting List contains applicants who are waiting for a Council
house including current RSL tenants; and the Transfer List which includes
current Council tenants who need or want to move. The proportion of
allocations made to each list is determined annually by the Committee. 
5.2 Table 6 shows the proportion of allocations made to applicants from the three
housing lists over the past five years. This table includes new lets arising from
the acquisition programme, 35 which were acquired in March 2023 and let
during 2023/24. 
5.3 The Rapid Rehousing Transition Plan aims to minimise the use of temporary
accommodation and provide permanent housing options to homeless
households as quickly as possible. The Homeless List quota proposed below
is intended to strike an appropriate balance between the need to implement
the Rapid Rehousing Transition Plan, and the need to minimise any
unintended consequences of an increased quota i.e. that the Homeless List
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would be viewed by applicants as the quickest route into permanent housing,
and would significantly increase as a result.   
5.4 Historically, this Committee has taken a pragmatic approach, agreeing quotas
intended on striking an acceptable balance between all lists. Significant
challenges lie ahead including implications associated with the increased cost
of living, a reduced budget for affordable housing delivery and the declaration
of a national housing emergency. Therefore, it is proposed that the quotas for
2024/25 remain unchanged from the 2023/24 targets, which are set out in the
table below: 
List Target Tolerance
Homeless List 50% +/- 5%
Waiting List 30% +/- 5%
Transfer List 20% +/- 5% 
5.5 Despite these challenges, there has been success in increasing tenancy
turnover by 16% within Moray Council’s housing stock in the past financial
year, achieving a 16% increase as intended by the Allocations Policy. 
6. NEW BUILD LETTINGS PLAN AND ACQUISITION PROGRAMME 
6.1 The new build lettings plan was introduced in 2015. The Plan sets out how the
Council will deviate from the Allocations Policy in identifying the first tenant in
new build properties, with the aim of establishing successful, sustainable new
communities, and this includes deviation from Housing List quotas. 
6.2 Table 7 shows there were 41 properties added to the Council’s stock profile
during 2023/24 from the Council’s new build programme in the Elgin and Keith
Housing Market Areas.   
6.3 Table 8 shows the proportions of allocations from each List, and that 33% of
new lets for the Council’s new build programme were allocated to Transfer
List applicants and 55% to Waiting List applicants. 
7. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The Corporate Plan and the 10 Year Plan both identify the need to
address the shortage of affordable housing and tackle homelessness. 
The Allocations Policy seeks to make the best use of the Council’s
housing stock and promote healthier citizens and more people living well
in their communities. 
(b) Policy and Legal
The primary legislation governing allocations of Council housing is
contained within the Housing (Scotland) Act 1987 as amended by the
Housing (Scotland) Act 2001, the Homelessness etc. (Scotland) Act
2003 and the Housing (Scotland) Act 2014.  This legislation provides the
Council with the discretion to develop allocation and local letting policies
in line with local priorities.
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The Scottish Social Housing Charter sets out standards against which
the Scottish Housing Regulator will assess local authorities as part of its
inspection regime. 
(c) Financial implications
There are no financial implications arising from this report. 
(d) Risk Implications
There are no risk implications arising from this report. 
(e) Staffing Implications
There are no staffing implications arising from this report. 
(f) Property
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact
There are no impacts in relation to equal opportunities or the
socioeconomic duty as the purpose of the report is to inform Committee
on performance. 
(h) Climate Change and Biodiversity Impacts
There are no climate change and biodiversity implications arising from
this report. 
(i) Consultations
Consultation on this report has taken place with the Depute Chief
Executive (Economy, Environment and Finance), Head of Housing and
Property, Housing Needs Manager, Housing Services Manager, Housing
Strategy and Development Manager, Chief Financial Officer, Equal
Opportunities Officer, Senior Solicitor, Georgina Anderson and
Committee Services Officer, Lissa Rowan. 
8. CONCLUSION 
8.1 This report presents the annual review of the operation of the Council’s
Housing Allocations Policy.  It also includes proposed allocations
quotas for 2024/25.  The quotas proposed are intended to complement
implementation of the Rapid Rehousing Transition Plan. 
Author of Report: Daska Murray, Senior Housing Officer (Strategy) 
Background Papers: with author
Ref: SPMAN-1285234812-1570 
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Moray Council Allocations Policy Performance Report 2023/24 APPENDIX I
Table 1:  No of applicants on the Housing List at year end
List 2019/20 2020/21 2021/22 2022/23 2023/24
Change
since
2019/20
(No)
Change
since
2019/20
(%)
Homeless List 92 101 97 114 103 11 12%
Housing Waiting List 2,989 2,425 2,754 2,278 2,633 -356 -11.9%
Transfer List 628 533 621 559 615 -13 -2.1%
Total 3,709 3,059 3,472 2,951 3,351 -358 -9.7% 
Table 2:  Size and type of property sought by applicants at year end
Property size and type 2019/20 2020/21 2021/22 2022/23 2023/24
Change
since
2019/20
(No)
Change
since
2019/20
(%)
1 bed general needs 1,427 1,180 1,347 1,132 1,323 -104 -7.3%
1 bed amenity/ wheelchair accessible 526 418 487 409 503 -23 -4.4%
2 bed general needs 713 590 682 597 644 -69 -9.7%
2 bed amenity/ wheelchair accessible 152 123 138 133 127 -25 -16.4%
3 bed general needs 518 442 466 367 394 -124 -23.9%
3 bed amenity/ wheelchair accessible 34 31 37 36 45 11 32.4%
4 bed general needs 201 168 195 153 176 -25 -12.4%
4 bed amenity/ wheelchair accessible 7 7 11 8 5 -2 -28.6%
5+ bed all types 58 48 68 64 69 11 19.0%
sheltered 73 52 41 52 65 -8 -11.0%
Total 3,709 3,059 3,472 2,951 3,351 -358 
Item 8
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Moray Council Allocations Policy Performance Report 2023/24 APPENDIX I
Table 3:  Where applicants wish to live – 1st Area Preference as at 31 March 2024
List Buckie
HMA
Elgin
HMA
Forres
HMA
Keith
HMA
Speyside
HMA
CNP
HMA Total
Homeless List 11 68 17 4 3 0 103
Transfer List 110 346 73 49 34 3 615
Housing Waiting List 373 1,496 432 170 142 20 2,633
Total 494 1,910 522 223 179 23 3,351
14.7% 57.0% 15.6% 6.7% 5.3% 0.7% 100%
% dwellings (Source: HNDA 2023 Table
4.3c Housing Tenure Within HMAs) 16.5% 48.6% 17.5% 8.5% 7.0% 1.8% 100% 
Table 4:  Re-lets by property size and type in 2023/24 (secure tenancies only)
Property size and type Buckie
HMA
Elgin
HMA
Forres
HMA
Keith
HMA
Speyside
HMA
CNP
HMA Total
ratio/ relative
pressure (lets
vs demand)
Bedsit   1    1 
1 bed general needs 4 25 4 5 3  41 32.3
1 bed amenity/ wheelchair accessible 20 41 15 11 13  100 5.0
2 bed general needs 19 61 26 11 15  132 4.9
2 bed amenity/ wheelchair accessible 6 18 7 2 2  35 3.6
3 bed general needs 14 18 7 12 3 1 55 7.2
3 bed amenity/ wheelchair accessible  1     1 45.0
4 bed all types 2 2  1   5 36.8
5+ bed all types 1 1     2 34.5
sheltered 5 7 3    15 4.3
Total
71 174 63 42 36 1 387 8.7
18.3% 45.0% 16.3% 10.9% 9.3% 0.3% 100% 
% dwellings (Source: HNDA 2023 Table
4.3c Housing Tenure Within HMAs) 16.5% 48.6% 17.5% 8.5% 7.0% 1.8% 100% 
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Moray Council Allocations Policy Performance Report 2023/24 APPENDIX I
Table 5:  Rate of relets to Council stock (turnover) (new lets excluded)
Council stock 2019/20 2020/21 2021/22 2022/23 2023/24
Change
since
2019/20
(No)
Change
since
2019/20
(%)
Council stock 6,149 6,250 6,297 6,342 6,380 231 3.8%
No of relets 470 340 445 457 387 -83 -17.7%
Rate of relets 7.6% 5.4% 7.1% 7.2% 6.1%   
Table 6:  Allocations by Housing list (secure tenancies) (re-lets and new lets)
List 2019/20 2020/21 2021/22 2022/23 2023/24
Homeless List 256 51.4% 212 49.2% 264 52.6% 236 50.8% 254 54.7%
Housing Waiting List 143 28.7% 127 29.5% 150 29.9% 151 32.5% 122 26.3%
Transfer List 99 19.9% 92 21.3% 88 17.5% 78 16.8% 88 19.0%
Total 498 100% 431 100% 502 100% 465 100% 464 100% 
Table 7:  Moray Council new build completions during 2023/24 
House type  Buckie
HMA
Elgin
HMA
Forres
HMA
Keith
HMA
Speyside
HMA
CNP
HMA Total
1 bed general needs    16   16 39.0%
2 bed general needs       0 0.0%
2 bed amenity/wheelchair accessible  2  14   16 39.0%
3 bed general needs  2  2   4 9.8%
3 bed amenity/wheelchair accessible  1  1   2 4.9%
4+ bed all types  3     3 7.3%
Total  0 8 0 33 0 0 41 100.0%
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Moray Council Allocations Policy Performance Report 2023/24 APPENDIX I
Table 8:  Moray Council new lets (new build programme only)
List 2019/20 2020/21 2021/22 2022/23 2023/24
Homeless List 5 17.9% 11 12.1% 10 17.5% 5 62.5% 5 11.9%
Housing Waiting List 6 21.4% 37 40.7% 27 47.4% 1 12.5% 23 54.8%
Transfer List 17 60.7% 43 47.2% 20 35.1% 2 25.0% 14 33.3%
Total 28 100.0% 91 100.0% 57 100.0% 8 100.0% 42 100.0% 
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REPORT TO: HOUSING AND COMMUNITY SAFETY COMMITTEE ON 25 JUNE
2024                                                                                                       
SUBJECT: PERFORMANCE REPORT (HOUSING AND PROPERTY
SERVICES) – PERIOD TO MARCH 2024 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee of the performance of the service for the period to 31
March 2024. 
1.2 This report is submitted to Council in terms of Section III (A) (4) of the
Council's Scheme of Administration to monitor performance of the services
within the Committee’s remit in accordance with the Council’s performance
management framework.  
2. RECOMMENDATION 
2.1 It is recommended that Committee: 
(i) scrutinises performance in the areas of Service Planning, Service
Performance and other related data to the end of March 2024; and 
(ii) notes the actions being taken to improve performance where
required. 
3. BACKGROUND 
3.1 On 7 August 2019, the Moray Council, approved a revised Performance
Management Framework for services (para 5 of the minute refers).   
4. SERVICE PLANNING 
4.1 Each service plan sets out the planned strategic and service level priorities
and outcomes it intends to deliver in the coming year, aligning closely with
financial planning, corporate and community planning partnership strategic
priorities. This report provides an interim update on progress on the service
plan, key outcomes and performance indicators. The Committee is invited to
review progress to secure assurance that it is satisfactory and to provide
scrutiny and further direction where performance requires attention.
Item 9
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4.2 Latest Local Government Benchmarking Framework (LGBF) Indicators
covering 2022/23, initially published in February 2024, will be refreshed in
June. The full suite can be viewed via the LGBF Dashboard.  In total, there
were six indicators covering Housing Services and Assets published, four
indicators ranked in the top 16 local authorities when compared nationally and
the same four indicators ranked in the top 4 when compared in our family
group of 8 local authorities. Overall, results improved to a greater extent than
those that have worsened from previous year performance. Published
indicators for this service have been incorporated within the relevant section
of this report depending on whether used to evidence progress against
strategic, service plan or service performance priorities. 2023/24 LGBF data
will be available early 2025.   
4.3 The narrative included is by exception, links to Service Plan Actions and
Performance Indicators can be accessed within the Backing Papers of this
report. 
Strategic Outcomes - successes 
4.4 The five-year rolling average percentage of newly completed social dwellings
which are accessible exceeded the target of 30%. The Housing Need and
Demand Assessment has been completed and was appraised by the Scottish
Government as robust and credible. Up to date key demographic, affordability
and economic factors are being used to plan the Local Housing Strategy.
(ACTION: H24-4.1a&b, INDICATOR: H1.9c). 
Strategic Outcomes – challenges and actions to support 
4.5 Nothing to report. 
Service Level Outcomes – successes 
4.6 Roll-out of the Smarter Working project has been completed on target with
equipment being procured and extensively tested. This has helped formalise
RAG
STRATEGIC
LEVEL
Revise the Housing Contribution
Statement with Health & Social Care
Moray
100%
Implement Smarter Working Project
rollout 100%
Stores and Depots Review 68%
Systemic Review of Housing Repairs 35%
Review Rent Setting Policy 93%
ERDP experience, accuracy of records -
CPD, training and on the job learning 75%
Continue to reduce the carbon impact
arising from Housing & Property
Services
83%
Develop the Local Housing Strategy
2024-29 75%
87%OVERALL PLAN PROGRESS
SERVICE PLAN PRIORITIES
SERVICE LEVEL
15
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new working practises which began with the necessities of the pandemic into
a “business as usual approach” that embraces and embeds flexible and hybrid
working.  (ACTION: HP24-5.1) 
Service Level Outcomes – challenges and actions to support 
4.7 As part of improving how the Council manages its assets, five depots were
identified for rationalisation in a report to the Economic, Development and
Infrastructure Committee in June 2023 (para 13 of the Minute refers) with the
Outline Business Case presented to the committee on 30 April 2024 (item 13d
of the Agenda refers). The first phase of reducing the number of depots to
three has been subject to some slippage due to delays with demolition of the
Dava depot and final relocation from Dufftown depot linked with salt barn
development, both sub-actions will carry forward to the 2024/25 service plan. 
Likewise, submission of the Full Business Case will also carry forward. 
(ACTION: HP24-5.2) 
4.8 The systemic review of housing repairs has not progressed within original due
dates as planned. A revised Project Plan has been implemented with a new
completion date of January 2025.  There is evidence of good performance in
timescales to complete emergency and non-emergency repairs, the
percentage of repair appointments kept, and repairs completed right first time,
all indicators exceeding targets year on year. However, customer satisfaction
is perhaps reflected in the level of complaints received with 63% of all
complaints closed relating to repairs and maintenance. The Repairs Review
Group meets regularly to explore options to reduce the level of complaints.
(ACTION: HP24-5.3, INDICATORS: H2.7, H2.8, H2.11, H2,12, H1.8a-c) 
4.9 All but one of the sub-actions relating to the Rent Setting Policy review have
been completed.  The Policy was approved by this Committee at its meeting
on 13 February (item 7 of the Agenda refers) and implemented from 1 April. 
The sub-action to increase satisfaction with property condition for new tenants
by 5% using tenant survey results has not been achieved following a
reduction from 83% to 71%. The result is based on a small number of tenant
survey responses that can significantly impact on overall percentage results.
(ACTION: HP24-5.4, INDICATOR: H2.3) 
4.10 In continuing to reduce the carbon impact arising from Housing and Property
Services, scope 1 carbon emissions from buildings reduced by 9% in the year
to March 2023, with a further reduction anticipated in the period to March
2024. In addition, the number of council dwellings meeting energy efficiency
targets has improved.  Work to phase in improvement of energy efficiency will
carry forward to the 2024/25 service plan, the design for decarbonising and
fabric improvement work for 4 schools is awaited, a grant funding application
to support works at one school has been submitted, proposals for solar PV
project for corporate buildings is developing. (ACTION: HP24-5.6) 
4.11 Delivering the revised Local Housing Strategy 2025-2030 will carry forward to
next years’ Service Plan, where the intention is to procure consultancy to
assist with development of the strategy and facilitate public consultation.
(ACTION: HP24-5.7c) 
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4.12 As at 31 March 2024, gross rent arrears as a percentage of rent due for the
year increased from 4.5% to 4.7%. In cash terms this equated to £749k for
current tenants and £177k for former tenants. It is however important to
emphasise that this remains significantly below the national average (9.6% in
2022/23) and maintains top quartile ranking against all local authorities and
family group comparator authorities. In line with the national position, rent
arrears had been on an increasing trend until October 2023 and has been
steadily reducing since then. Performance remains below the local target
(2.8%), and consideration will be given to reviewing this to reflect the higher
baseline. (INDICATOR: H5.3 (HSN01b)) 
5. SERVICE PERFORMANCE 
5.1  In line with the Performance Management Framework, operational
performance is reviewed quarterly by departmental management.  Areas
performing well and/or areas subject to a decreasing trend or where
benchmarking results show performance significantly below comparators will
be reported to this committee for member scrutiny.   
5.2 The narrative included in this report is by exception, links to Service
Performance Indicators can be accessed within the Background Papers at the
end of this report. 
Operational Indicators - successes 
5.3 Relocation of the traveller enforcement team to Forres earlier in the year had
presented some challenges in reaching sites in the same day the incidents
were reported; improvements to internal practices and processes allow
officers to log incidents in real time resulting in improved, on target
performance. (INDICATOR: H6.2)   
Operational Indicators - challenges and actions to support 
5.4 There has been some slippage in repairs completed within timescales.  As at
March 2024, 90% of emergency reactive repairs were completed within 4
hours, slightly below target (100%).  The volume of out of hours repairs to
heating over the winter months was a significant contributory factor.  In the
reporting year, 84% of reactive void repairs were completed within timescale,
just short of target (90%) due to several major improvement works carried out
that took longer to complete.  The continued upgrade to dwellings to meeting
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energy efficiency is expected to improve overall performance. (INDICATORS:
H2.10a, H2.10e) 
5.5 Two gas service failures occurred during 2023/24, as a proportion of all
annual inspectors this represents 0.03%; nonetheless procedures and training
have been updated. (INDICATOR: H2.13a) 
5.6 As of 31 March 2023, 16% of housing stock is meeting Scottish Housing
Quality Standards, below the national average of 71% and family group
average of 53%, ranking in the lowest quartile. This increased to 22.6% by 31
March 2024. The Scottish Housing Regulator invited landlords to reassess
compliance with electrical inspections and in Moray most properties fell
slightly short of the required standard, frustrated by factors such as the
availability of qualified contractors. An improvement action plan is in place to
ensure compliance by November 2024. In addition, compliance with Energy
Efficiency Standard for Social Housing (EESSH) is a contributory factor in
achieving SQHS, significant programmes of work have not progressed as
planned. (INDICATOR: H2.1)    
5.7 Published benchmarking results show that the percentage of rent lost due to
voids improved to 1% as of 31 March 2023, remaining below the national and
family group averages of 1.7% and 1.6% respectively, achieving a top quartile
ranking. Local results to 31 March 2024 show further improvement to 0.74%,
slightly short of the ambitious local target of 0.63%. It is expected that the
improving trend continue and for target to be achieved in the next update.
(INDICATOR: H5.4) 
6. OTHER PERFORMANCE RELATED DATA 
6.1 Complaints & MP/MSP Enquiries  
6.1  In line with the Performance Management Framework, complaints are
reviewed quarterly by departmental management in terms of time taken to
respond, outcome and learning points. Links to complaints tables can be
accessed within the Backing Papers of this report. 
6.2 A total of 105 complaints were closed in the half year to March 2024 of which
97 (92.4%) were frontline stage, 5 (4.8%) were investigative stage, and 3
(2.9%) were escalated. As a comparison, in the same period last year, 104
complaints were closed. 
6.3 Of the 105 complaints closed, 76 (72%) complaints were upheld or partially
upheld, the majority related to repairs, capital and planned maintenance. 
6.4 A total of 61 MP/MSP enquiries were received during the second half of
2023/24 out of a 212 total to the Council as a whole (29%) and all but one
were resolved. Most complaints related to the housing waiting list, transfers
and issues with heating in dwellings. 
Other Performance (not included within Service Plan) 
6.5 Nothing to report. 
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Case Studies 
6.6 Nothing to report. 
Consultation and Engagement 
6.7 Nothing to report. 
7. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Performance measurement is used to ensure the efficient and
sustainable delivery of services to meet the Council’s priorities in both
the Corporate Plan and the LOIP. 
(b) Policy and Legal
The Council has a statutory requirement to publish a range of
information that will demonstrate that it is securing best value and assist
in comparing performance both over time and between authorities where
appropriate. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
An Equality Impact Assessment is not required as this report is to inform
the Committee on performance. 
(h) Climate Change and Biodiversity Impacts 
There are no climate change/biodiversity impacts arising from this report. 
(i) Consultations
The Head of Economic Growth & Development Services, Depute Chief
Executive (Economy, Environment & Finance) and Service Managers,
have been consulted with any comments received incorporated into this
report.  
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8. CONCLUSION 
8.1 As of 31 March 2024 the plan overall is 87% complete, 17 actions or sub-
actions having been completed.  Most outstanding actions are well advanced
and will be progressed through inclusion in the 2024/25 Service Plan. 
Author of Report: Christopher Dewhurst, Research & Information Officer
Background Papers: Service Plan Actions 
Service Plan Performance Indicators 
Service Performance Indicators 
Service Complaints
Ref: SPMAN-1285234812-1574
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REPORT TO: HOUSING AND COMMUNITY SAFETY COMMITTEE ON 25 JUNE
2024 
SUBJECT: HOUSING AND PROPERTY AND ECONOMIC GROWTH AND
DEVELOPMENT SERVICES - SERVICE PLANS 2024-25 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To invite the Committee to consider the Housing and Property and Economic
Growth and Development Service Plans for 2024-25, noting that these
Service Plans will also be considered at the Economic, Development and
Infrastructure Committee on 18 June 2024 and the Economic Growth and
Development plan also at the Planning and Regulatory Services Committee
on 13 August 2024, with each Committee scrutinising in terms of their
respective remits. 
1.2 This report is submitted to Committee in terms of Section III (B) (50) of the
Council’s Administrative Scheme relating to ensuring that the organisation,
administrative and management processes of the Council are designed to
make the most effective contribution to achieving the Council’s objectives and
to keep these procedures under review. 
2. RECOMMENDATION 
2.1 In terms of the remit of this Committee, it is recommended that
Committee consider and approve the Service Plans for Housing and
Property Services and the priority area relating to Community Safety
only included with the Economic Growth and Development Service Plan. 
3. BACKGROUND 
3.1 Service planning is a key aspect of the Council’s Performance Management
Framework and is undertaken annually to set out the strategic direction for
services over the coming months. 
3.2 It should be noted that actions from the Best Value Action Plan agreed by the
Corporate Committee on 23 April 2024 (paragraph 6 of the Agenda refers) will
be monitored and reported outwith the Service Plan process.  
Item 10
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3.3 The service planning process focuses on forward planning for medium-term
activities supporting delivery of the Local Outcomes Improvement Plan (LOIP)
and Corporate Plan. The Council planning process also includes team plans
that focus on short term tactical and operational activities supporting delivery
of the service plan and strategies and Employee Review and Development
Plans (ERDP) provide individual planning for employees’ activities and
development. 
3.4 As well as identifying service developments and improvement, the Service
Plan Framework requires an assessment of the output and outcome
requirements for the services based on the Council’s priorities, statutory and
regulatory requirements and other relevant factors such as Public Sector
Improvement Framework (PSIF) or other equivalent service improvement tool
and matching of resources to these priorities. Priority outcomes are those
included in the Council’s Corporate Plan which directly relate to the service or
are influenced by the service and should be clearly identified. 
3.5 Setting clear measurable outcomes and defining key indicators by which
progress will be assessed is a recognised area for development within the
Council and these Service Plans are part of the improvement journey to
implement the Performance Management Framework. For some actions it can
be difficult to identify a measurable outcome (e.g. a change in legislation that
must be implemented or updating a policy framework). It can also be
challenging where there is currently no clear baseline or benchmarking from
which informed targets and reasonable steps forward these can be
developed. Therefore, as far as possible efforts have been made to set
measurable outcomes for service plan actions but in some cases outputs or
milestones have been used so that it is still possible to measure whether the
action has been progressed as intended. In other areas, further work will be
required to refine outcomes in future. So, for example, in some actions,
strategic and delivery planning is not yet concluded and so performance
indicators are not yet agreed. Where possible in such cases milestones are
provided. 
3.6 A summary of progress is given below based on the annual reviews carried
out for each of the service areas. 
3.7 Reference is also made to the report to Moray Council on 28 February 2024
(para 5 of the minute refers) when the Council agreed the Corporate Plan for
2024-2029 and that the approach to delivery and performance management
through service and strategic plans, which contain specific actions that
support the delivery of priority areas in the new council corporate plan. This
plan focusses on the period from April 2024 to April 2025.  
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2023/24 Updates 
3.8 Housing and Property Services 
3.8.1 Progress on planned work (success) 
• Repair feedback from handheld devices increased
• Reduction in complaints related to Repairs, Capital and Maintenance
• Revised Rent Setting Policy approved after extensive consultation with
tenants
• Delivery of revised Housing Need and Demand Assessment and
accreditation as ‘robust and credible’ by Scottish Government
• Significant improvement in the management of void properties, with
reduced turnaround time and loss of rental income
• Assumed responsibility for Refugee Resettlement activities, significant
community work with asylum seekers and integrating Afghan and Ukrainian
households 
3.8.2 Progress on planned work (areas for development/not delivered) 
• Improvement of housing stock, progress made and accelerated programme
developed 
3.8.3 Planned focus in new plan (reflecting above and challenges to come) 
• Continued reduction in complaints related to repairs
• Tenant Survey undertaken for 2024
• Development of the Strategic Commissioning Plan with IJB
• Review of Gas Servicing ICT systems 
3.9 Economic Growth & Development 
Planned focus in new plan 
3.9.1 Updated Community Safety Action Plan 
Service Plans for 2024/25 
3.9.2 Given the pressures across all services and the need to prioritise resources to
the Council’s priorities, services are focussing on essential service delivery
and developments and taking account of the planned review of the Corporate
Plan when undertaking service planning.   The Service Plan priority area
relating to Community Safety included in the Economic Growth and
Development Service Plan is attached in APPENDIX 1.  The Housing and
Property Service Plan is attached in APPENDIX 2 (per numbering submission
to the Economic, Development and Infrastructure Committee).  
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4. SUMMARY OF IMPLICATIONS 
a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan
(LOIP)
The Service Plans were informed by the LOIP and the Council’s Corporate
Plan. 
b) Policy and Legal
Statutory requirements and Council policies are considered by managers
when preparing service plans for the year ahead. 
c) Financial implications
No additional financial resources beyond those previously reported to
service committees are required to support the Service Plans. 
d) Risk Implications
Up to date risk registers are maintained and considered as part of the
service planning process. 
e) Staffing Implications
Service Plans are integral to good management practice including
workforce planning and assisting with communication about work plans for
staff, identifying priorities and matching staff time to the Council’s priorities. 
However, there are a number of areas for development that have been
identified where there are concerns about the availability of resources to
deliver the required outcomes within an acceptable period of time.  It may
be necessary to report back to committee to consider resources or re-
prioritisation of work to ensure adequate progress on these key priorities. 
Workforce Planning takes place with service management teams and
includes review of workforce data such as turnover and absence,
identification of key posts for planning, recruitment issues and plans,
training and development requirements in the context of council and
service priorities.  It is also of note that the services are carefully
prioritising work to reflect the restricted capacity of their teams.  This is
exacerbated by hard to fill vacancies, absence, and pressing operational
work that cannot be re-prioritised. 
f) Property
There are no property implications arising from this report. 
g) Equalities
Managers consider equalities issues for staff and service users when
assessing current service delivery arrangements and future requirements. 
h) Climate Change and Biodiversity Impacts
There are no climate change and biodiversity impacts from this report.  
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i) Consultations
Heads of Service have worked with their management teams to prepare
the Service Plans attached as APPENDICES 1 and 2 have contributed to
the updates in this report. 
5. CONCLUSION 
5.1 The Service Plans have been prepared identifying the service priorities
targeted for 2024/25.  In preparing the plans, managers have taken
account of risk, performance data (including inspections and Best
Value), the LOIP, the Corporate Plan and other relevant factors such as
audit and inspection outcomes.  The Service Plans identify the
resources allocated to each service and how these will be utilised to
deliver core service requirements and improvements. 
Author of Report:  Rhona Gunn, Edward Thomas, Beverly Smith 
Background Papers: 
Ref:  SPMAN-1285234812-1585   
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ECONOMIC DEVELOPMENT & PLANNING SERVICE PLAN Appendix 1
SPMAN-433091491-114
Interim target 
1. Service
Definition: 
Economic Growth and Development Service delivers key regulatory services associated with
Planning, Building Standards, Environmental Health and Trading Standards and leads on
Economic Development, Regeneration, Climate Change and Moray Growth Deal: - 
Environmental Health and Trading Standards deliver regulatory services for food safety, health and
safety, animal health, private water supply, public health, private water supplies, housing, landlord
registration, community safety, consumer advice, trading standards, safety of goods, petrol licensing,
illicit goods, consumer advice and tobacco sales. 
2. Service
Resources:
96 FTE 
Annual Budget 2024/25: Net Revenue £3.8 million 
3. What have we identified for improvement in
2024/25
What evidence did we use to identify this improvement? 
Please add benchmark information wherever available and
relevant to the improvement.
Prepare updated community safety response plan
incorporating recommendations from agreed Annual
Community Safety report.
Community Safety Strategic Group – Anti-social Behaviour Task Force 
Note: Progress against BV Actions will be monitored and reporting out with Service Plan process 
Item 10
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ECONOMIC DEVELOPMENT & PLANNING SERVICE PLAN Appendix 1
SPMAN-433091491-114
4. Strategic
Outcome or
Priority
Action  Planned Outcome Outcome
measures
Completion
target
Lead Priority
Rating
(1 high 3
low and
4 for
ongoing,
5 for on
hold)
N/A       
5. Service Level
Outcomes or
Priorities
Action Planned
Outcome
Outcome
Measures
Completion
Target
Lead Priority
rating
Community Safety Prepare community
safety response plan
incorporating
recommendations
from agreed Annual
Community Safety
report 
Reduce the
number of anti-
social behaviour
referrals
Outcome
measures set
out in
community
safety response
plan 
March 2025  Environmental
Health &
Trading
Standards
Manager 
1
Health & Wellbeing Ensure revised
operational
implementation of
absence management
procedures are applied
by managers
Absence is
managed
effectively and
levels of absence
are reduced
efficiently and
timeously
Reduction in
number of days
absence per
employee
March 2025 Head of
Economic
Growth &
Development
2
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HOUSING AND PROPERTY SERVICE PLAN            Appendix 2
SPMAN-1739018096-82 
1. Service
Definition: 
Management and maintenance of Council housing stock, local strategic housing function, statutory
duties in relation to homelessness and fuel poverty, development and delivery of the Moray
Affordable Housing Supply Programme (AHSP), maintenance of the Council’s corporate buildings,
management of the Council’s corporate property portfolio and the industrial estate, Building Service
DLO, Property Design, Asset Management and Estates function.
2. Service
Resources:
344 FTE employees 
Annual Budget 2024/25: £50.6m comprised of Housing Revenue Account (HRA) £26.2m, Building Services
£12.5m, General Services Housing & Property £11.9m 
3. What have we identified for improvement in
2024/25
What evidence did we use to identify this improvement? 
Please add benchmark information wherever available and relevant
to the improvement.
Systemic Review of Quality and Customer Service for
Housing Repairs
Informed by volume of tenant and elected member representations and
complaints. Comprehensive review of data including complaints to inform
a systemic action plan for improvement in terms of quality, value for
money and customer satisfaction 
Tenant Survey 2024
Survey is undertaken on a three-yearly basis and was included in
previous Best Value action plan – this will be undertaken by a specialist
market research consultancy
Review of gas servicing scheduling systems Existing ICT is unsupported.  Potential to replace it with a more robust,
supported and integrated system, which will schedule works and satisfy
statutory reporting requirements
Local Housing Strategy 2025-30 & HRA Business Plan
review Alignment with IJB with development of the Strategic Commissioning Plan
which must include a Housing Contribution Statement.  The statement will
be informed by the HNDA undertaken in 2023/24
Item 10
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HOUSING AND PROPERTY SERVICE PLAN            Appendix 2
SPMAN-1739018096-82
Improve attainment of EESSH (Energy Efficiency
Standard for Social Housing) and SHQS (Scottish
Housing Quality Standard)
Scottish Housing Regulator and benchmarking data – Moray Council is
below local authority averages 
Note: Progress against BV Actions will be monitored and reporting out with Service Plan process 
4. Strategic
Outcome or
Priority
Action  Planned Outcome Outcome
measures
Completion
target
Lead Priority
Rating
(1 high 3
low and 4
for
ongoing, 5
for on hold)
(L) Empowering
& connecting
communities.
(CP) Building
Thriving,
Resilient,
Empowered
Communities
Delivery of the Housing.
Investment and Affordable
Housing Supply
programmes 
Increase in affordable
housing available in
Moray 
No of new
supply social
housing for
rent: 
32 completions 
119 site starts   
31 March 2025 
31 March 2025 
Housing Strategy &
Development
Manager 
1
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HOUSING AND PROPERTY SERVICE PLAN            Appendix 2
SPMAN-1739018096-82
5. Service Level
Outcomes or
Priorities
Action Planned Outcome Outcome
Measures
Completion
Target
Lead Priorit
y
rating
Systemic Review of
Housing Repairs
Systemic Review of
Housing Repairs 
Increased customer
satisfaction 
Value for money
assurance
Implementation of
improvement plan 
Digital self-service
tool available to
book repair
appointments 
Level of complaints
decreased by 10% 
Increase in number
of repairs
completed Right
First Time 
Response repair
expenditure
reduced by 10% 
31 March 2025 
31 March 2025 
31 March 2025 
31 March 2025 
31 March 2026 
Building Services
Manager
2
Revise the Housing
Contribution
Statement with Health
& Social Care Moray
Assess and respond
to the housing needs
of older people, in
partnership with
IJB
Over a 3-year
programme an
average of 30%
of new affordable
homes at
accessible
standard are
delivered 
31 March 2025  Housing Strategy
& Development
Manager
2
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HOUSING AND PROPERTY SERVICE PLAN            Appendix 2
SPMAN-1739018096-82
Achieve strategic
alignment of
allocations,
operations and
development
between the
Council and IJB
31 December 2025 
Continue to
reduce the
carbon impact
arising from
Housing & Property
Services
Phased
improvement of
energy efficiency
within corporate
buildings and
housing stock.
Carbon Neutral by
2030 
In relation to the
corporate estate a
reduction in
Scope 1 (direct
emissions arising
from energy
consumption
of 10% against
21/22
baseline of 5,615
tonnes of CO2 
% of houses which
meet EESSH
increased to be in
line with local
authority
benchmark of circa
90% 
2030 
31 March 2025 
31 March 2025
Property
Asset
Manager
2
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HOUSING AND PROPERTY SERVICE PLAN            Appendix 2
SPMAN-1739018096-82
HRA Business Plan
review
Undertake review of
financial position of the
HRA over the long
term
Assurance of sound
financial governance
for the long term 
Improved statutory
compliance 
Completion of
review
Milestones: 
Procurement of
consultancy
31 May 2024 
Completion
30 November 2024
Housing
Strategy &
Development
Manager
1
Tenants Survey
2024
Undertake a three-
yearly, large scale,
independent survey of
tenant satisfaction
Statutory compliance 
Assurance of good
quality service
delivery and tenant
satisfaction 
Opportunities to
direct investment
Increase
satisfaction with
property condition
for new tenants by
5% 
Achieve parity with
benchmarked
peers in relation to
overall tenant
satisfaction (83.4%
as of 2022/23) 
Milestones: 
Procurement of
consultancy
31 May 2024 
Completion
30 November 2024
Housing Strategy
& Development
Manager
1
Review of gas
servicing
scheduling systems
Review existing gas
servicing systems 
Complete option
appraisal for
improvements 
Provision of a robust,
supported and
integrated system,
which will schedule
works efficiently and
satisfy statutory
reporting
requirements 
Statutory
compliance
Milestones: 
Complete option
appraisal
31 Oct 2024 
Agreed Action Plan
31 March 2025 
Building Services
Manager/ Housing
Strategy &
Development
Manager
2
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HOUSING AND PROPERTY SERVICE PLAN            Appendix 2
SPMAN-1739018096-82
Multiyear rent
increase strategy
Complete options
appraisal for future
rent increases, in
conjunction with HRA
Business Plan review
Assurance of sound
financial governance
for the long term 
Improved statutory
compliance
Approval of
multi- year rent
strategy 
Improve/maintain
tenant satisfaction
Milestones: 
Complete option
appraisal
30 Sep 2024 
Tenant consultation
15 Dec 2024 
Implementation
1 April 2025 
Head of Service 2
Review of
Housing &
Property teams
Identify opportunities
for efficiency across
teams, optimising
cost recovery and
incorporating
emergent work
within structures 
Efficiency of service
delivery 
£75k saving
Review of
interdependencie
s and changes to
be incorporated 
Consultation and
Approvals 
Implementation
31 October 2024 
31 January 2025 
31 March 2025 
Head of Housing
& Property
2
Health &
Wellbeing
Ensure revised
operational
implementation of
absence management
procedures are
applied by managers 
Absence is managed
effectively and levels
of absence are
reduced efficiently
and timeously
Reduction in
number of days
absence per
employee
March 2025 Head of Housing 
& Property
2
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REPORT TO:  HOUSING AND COMMUNITY SAFETY COMMITTEE ON 25 JUNE
2024 
SUBJECT: HOUSING AND PROPERTY SERVICES – UNAUDITED OUTTURN
AS AT 31 MARCH 2024 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 This report presents the unaudited outturn position for the Housing Revenue
Account (HRA) and General Services Other Housing Budget for the period up
to 31 March 2024. 
1.2 This report is submitted to Committee in terms of Section III G (1) of the
Council's Scheme of Administration relating to the management of budgets. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee considers and notes the
unaudited outturn for 2023/24 for the period to 31 March 2024,
consisting of a surplus balance of £1,586k for the HRA and an
underspend of £559k for General Services Housing & Property, reducing
to £133,000 following transfer of funds for refugee resettlement to ear-
marked reserves. 
3. BACKGROUND 
3.1 The Council agreed the HRA Budget for 2023/24 at a Moray Council meeting
on 1 March 2023 (paragraph 7 of the Minute refers). Housing and Property
budget monitoring reports are presented quarterly. 
4. HOUSING REVENUE ACCOUNT TO 31 MARCH 2024 
4.1 APPENDIX I details the provisional and unaudited HRA budget position to 31
March 2024. 
4.2 The main expenditure variances relate to:–  
Item 11
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4.2.1 Supervision and management – there are a range of variations within this
budget resulting in a net underspend of £179k. The main underspends were
in relation to Staffing (£164k), arising from the lead-in time for recruitment of
the new posts following service restructure, with other underspends in relation
to Voids (£61k) and Software (£44k) attributable to improved performance in
the former and revised scheduling of activity in the latter. These were partially
offset by overspends in Council Tax (£23k), Insurance (£20k), Postage (£22k)
and Other cumulative items (£25k), each largely attributable to cost increases
and one-off items in-year. 
4.2.2 Sheltered Housing – there was an underspend of £1k arising from
decreased Energy costs (£8k), partially offset by Minor cumulative
overspends (£7k), attributable to additional expenditure on repairs and
maintenance, cleaning and furniture/equipment purchases. 
4.2.3 Repairs and maintenance – there was an overspend of £472k net in the
repairs and maintenance budgets, which comprised of £667k in additional
void expenditure, largely arising from the Pinegrove acquisition, £641k in
response repairs arising from additional volume, £228k to underwrite a deficit
in Building Services and £204k in property fees. The overspends were
partially offset by and underspend of £1,268k in planned/cyclical works,
largely due to market capacity issues with electrical testing. 
4.2.4 Financing Costs – there was an overspend of £72k due to higher than
previously projected borrowing. 
4.2.5 Bad and doubtful debts – there was an underspend of £96k, arising from
favourable rent recovery and therefore lower than anticipated write-offs. 
4.2.6 Capital from Current Revenue (CFCR) – There was an overspend of
£1,139k based on the estimated balancing figure to maintain level of HRA
reserves. This arose due to £2,007k in capital grant funding for the pay award
being allocated to the HRA to reduce borrowing in 2023/24. CFCR provision is
used as a balancing figure for the overall budget and limits the requirement for
borrowing to fund property improvements. This had the effect of bringing the
HRA balance below the typical reserve level at year end to avoid further
borrowing costs, however this will be restored in the new financial year. 
4.2.7 Downsizing Incentive Scheme – there was an underspend of £23k with
fewer transfers than expected completed during the year. 
4.2.8 Service Developments – there was an underspend of £59k, with a proportion
of the allocated budget not required to fulfil agreed objectives for the year. 
4.3 The income at 31 March 2024 was £493k higher than expected.  This is due
mainly to higher interest rates received for balances held (£295k) and
elements of other income received, predominantly additional tenant recharges
and Home Office funding for Pinegrove refurbishments (£112k). These were
partially offset by a £42k overspend arising from changes in the timing of new
build housing developments. 
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4.4 The estimated HRA surplus balance at 31 March 2024 was £1,586k, which
was £879k lower than the projected outturn of £2,465k. The basis for this is
set out in paragraph 4.2.6. 
5. OTHER HOUSING BUDGET 
5.1 APPENDIX II provides details of the provisional and unaudited budget
position to 31 March 2024. 
5.2 Planning and Development consists of Improvement Grants and Affordable
Housing budgets.  There was an underspend of £59k arising from an
underspend in discretionary grants of £51k, £7k in home energy efficiency
programme expenditure and £1k on supplies and services. Discretionary
grants are given to homeowners for disabled adaptations with this budget
managed by the Moray Integration Joint Board.   
5.3 Housing Management relates to the Gypsy/Traveller budget. This shows an
underspend of £9k due to reduced staffing expenditure (£7k) following the
early delivery of the budget option to reduce hours assigned to this activity
and reduced expenditure on supplies and services (£2k) owing to lower
seasonal activity. 
5.4 Homelessness/Allocations comprises of Homelessness and Housing
Support services. There were variations across a range of budgets within this
heading resulting in an underspend of £45k in this budget. This is comprised
of an underspend of £51k in temporary accommodation, arising from
increased service income following the revision of charges and lower write-
offs and an underspend of £8k against rapid rehousing funding, partially offset
by grant to be carried forward for future years.  These underspends were
partially offset against by an overspend of £14k in housing support,
predominantly due to sheltered housing staffing costs. 
5.5 Miscellaneous General Services Housing & Refugee Resettlement
comprises of House Loans and the complex needs development at Urquhart
Place, Lhanbryde and another social care premises, now also incorporating
interim oversight of the Refugee Resettlement activities. There was an
underspend of £458k across these three budgets. An underspend of £32k
arose within general services housing, attributable to additional income of
£42k and lower operating costs for the properties, partially offset by open
space maintenance costs of £9k and a cessation of repayments of £1k. In
relation to Refugee Resettlement, an underspend of £426k arose due to the
receipt of funding to cover multi-year work and is held as an earmarked
reserve within the general services account. A review of this service area is
underway and will be the subject of a future report to Council. 
5.6 The Building Services Budget is reported in detail separately on this
Committee’s agenda. Whilst not finalised a modest £3k overspend is
anticipated at this point.  
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5.7 The Property Services Budget includes the budgets for the Design Team
and Property Resources. There was an underspend of £100k at year end,
attributable to a £75k underspend in Design and Construction and a £25k
underspend in Property Asset Management. The Design and Construction
variance arose from additional property fees of £84k being received and other
minor underspends of £3k, partially offset by a £12k overspend in relation to
architectural software. For Property Asset Management an underspend of
£123k for central repairs arose from lower activity levels, augmented by a
cumulative additional underspend of £84k arising from additional income from
the industrial portfolio, energy efficiency income and other miscellany. These
underspends were partially offset by an overspend of £141k in school
maintenance due to the level of reactive issues arising, £38k in expenditure
on surplus/vacant assets and £3k on software. 
5.8 Housing and Property Savings – Staffing savings were £103k below target
at year end. This arose mainly to due to the filling of previously vacant posts
and is partially reflected in the additional income received by Design and
Construction. This element will be rebased for the new financial year. 
5.9 Housing and Property Allocations – there was an overspend (£6k) primarily
due to less income than budgeted for shared building service recharges. 
5.10 As at 31 March 2024, the Other Housing Budget shows an unaudited net
underspend of £559k, reducing to £133k after transfer of unused funding for
refugee resettlement to ear-marked reserves. This compares favourably to the
previously reported projected outturn, which was for an overspend of £470k.   
6. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The provision of new affordable housing, the maintenance of the
Council’s housing stock and dealing with homelessness are priorities
identified within the Corporate Plan, the Council’s Local Housing
Strategy, the Strategic Housing Investment Plan (SHIP) and the Housing
and Property Service Plan. 
(b) Policy and Legal
There are no policy or legal implications arising from this report. 
(c) Financial Implications
The financial implications of this report are considered in Sections 4 and
5 of this report and detailed in APPENDICES I and II. 
(d) Risk Implications
Budget Managers are aware of their responsibilities for managing budget
allocations and approval for variance will be sought from the Committee
in line with Financial Regulations. 
(e) Staffing implications
None.
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(f) Property
None. 
(g) Equalities/Socio Economic Impact
There are no equalities/socio economic impacts arising from this report. 
(h) Climate Change and Biodiversity Impacts 
There are no climate change/biodiversity impacts arising from this report. 
(i) Consultations 
This report has been prepared in close consultation with Finance staff.
Consultation on this report has been carried out with the Chief Financial
Officer, the Legal Services Manager, Senior Managers within Housing
and Property Services and Lissa Rowan (Committee Services Officer)
who all agree the content of the report where it relates to their area of
responsibility. 
7 CONCLUSION 
7.1 This report sets out the provisional and unaudited budget position for
the HRA and General Services Housing budgets to 31 March 2024 and
also comments on the variances on these budgets. 
Author of Report: Edward Thomas, Head of Housing and Property Services
Background Papers:   Held by author
Ref:    SPMAN-1285234812-1567
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Housing Revenue Account        
Budget Monitoring to 31 March 2024   
Service Description Annual Budget
2023-24
Actual to 
31 March 
2024
Variance to
31 March
2024
Expenditure £,000 £,000 £,000
Supervision & Management 5,521 5,342 179
Sheltered Housing 63 62 1
Repairs and Maintenance 10,696 11,168 (472)
Financing Costs 5,183 5,255 (72)
Bad & Doubtful Debts 225 129 96
CFCR / Transfer to General Fund 902 2,041 (1,139)
Downsizing Incentive Scheme 72 49 23
Service Development 150 91 59
Total Gross Expenditure 22,812 24,137 (1,325)        
Income £,000 £,000 £,000
Non-dwelling rents 244 244 0
House rents 22,362 22,320 (42)
IORB 120 415 295
Other income 86 326 240
Total Income 22,812 23,305 493        
Surplus / (Deficit) for the year 0 (832) (832)        
Accumulated Surplus Balance brought
forward   2,418          
Estimated Surplus Balance at 31st March   1,586       
Item 11
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General Services Housing & Property          
Monitoring to 31 March 2024   
Annual Actual  Variance
Service Description Budget to at 
2023-24 31 March
2024
31 March
2024    
£'000 £'000 £'000
Planning & Development 261 202 59          
Housing Management 23 14 9          
Homelessness / Allocations 2128 2083 45          
Miscellaneous General Services Housing (134) (592) 458          
Building Services 0 3 (3)          
Property Services 2512 2412 100          
General Services Housing & Property Savings (103) 0 (103)          
General Services Housing & Property Allocations (161) (155) (6)          
General Services Housing & Property Total  4526 3967 559 
Item 11
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