Dealing with anti-social behaviour & hate crime

The term “anti‐social behaviour” is broad in its definition and will mean different things to different people. Jigsaw defines anti‐social behaviour in accordance with Part 1 of the Anti‐social Behaviour, Crime and Policing Act 2014 as follows:

• conduct that has caused, or is likely to cause, harassment, alarm, or distress to any person
• conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises
• conduct capable of causing “housing‐related” nuisance or annoyance to any person (housing related meaning directly or indirectly relating to our housing management functions).

We provide examples of behaviour that fall within this definition in our various tenancies, occupancy, and licence agreements. Below are some examples of the more common types of anti‐social behaviour, but this is not an exhaustive list;

• harassment
• using or threatening to use violence
• bullying or intimidation
• repeated abusive language or behaviour
• actions of hostility or prejudice against anyone because of their actual or perceived identity, whether that be their race, religion, disability, sexual orientation, transgender identity, or alternative sub‐culture (this is known as a hate incident or hate crime)
• any incident or pattern of incidents of controlling, coercive, threatening behaviour violence, or abuse between those who are, or have been, intimate partners or family members regardless of gender (this is known as domestic abuse)
• loud music and/or noise that is capable of causing nuisance or annoyance to a reasonable person
• dog barking and fouling that is capable of causing nuisance or annoyance
• making false or malicious reports about someone else’s behaviour
• using the property or allowing it to be used for any immoral or illegal purpose
• causing or committing any act of violence or any form of harassment, intimidation, or abuse against any member of our staff or anyone authorised to act on our behalf.

Sometimes customers wish to report behaviour they believe is unacceptable, but the behaviour is not anti‐social in accordance with our definition. Jigsaw Homes Group expects customers to be tolerant of other people’s lifestyles and will not accept reports of behaviour that most people would tolerate. For example;

• A one‐off party
• Children playing outside i.e. playing ball games
• Children arguing or fighting with one another
• Actions that are considered to be normal everyday activities or household noise
• Reports of people staring
• Actions which amount to people being generally unpleasant to one another
• name‐calling or disputes via social media such as Facebook.

Reports in relation to serious crime, such as hate crime will be investigated alongside the Police. Evidence attained, could include the use of social media when considering the appropriate action to be taken against a tenancy.

Staff will exercise their professional judgement when assessing whether or not a report of anti‐social behaviour meets our definition or not. Where the behaviour reported is not anti‐social, we will provide customers with self‐help options where appropriate.

Jigsaw Homes will not investigate reports of cannabis use directly, as cannabis remains a Class B controlled substance under UK law. The use or possession, of cannabis is a criminal offence and must be reported to the police, who are the appropriate authority to take enforcement action. While we understand that the smell of cannabis can cause nuisance and distress to residents, our ability to act is limited without corroborating evidence or police involvement. We encourage residents to report such concerns to the police via 101 or anonymously through Crimestoppers.

We cannot take legal action against anyone using illegal cannabis unless they are convicted of using, possessing, or intending to supply it. If we are made aware by the Police of any tenant being convicted of drug‐related offences, then we will open a case and explore what other legal action can be taken including injunctions and ultimately possession proceedings. Customers are encouraged to be mindful of their behaviour in line with their tenancy agreement, with a guide available on our website on how to be a good neighbour.

Jigsaw Homes Group customers can report anti‐social behaviour in several ways:

• By telephone
• By email to info@jigsawhomes.org.uk
• Online via the customer portals on our website
• In person at any of our offices during office hours
• By writing to us at our Head Office.

In accordance with the Customer Contact Strategy, these options will be subject to change based on how our services are delivered in future and the opportunities provided by new technology.

Customers are advised that in an emergency where there is risk to their safety or the safety of others, they should contact the police on 999.

All cases will be evaluated by a triage assessment to establish seriousness and where applicable contact will be made the same day.

We will consider the diverse needs of our tenants in considering how tenants report ASB and hate incidents to us and eliminate any barriers to reporting such incidents. Our website is available in all major languages as is any written correspondence.

Customers can visit our offices in person to speak to a member of staff and raise reports if this is more suitable for their needs.

Customers can opt to be supported by a representative or advocate in interactions about any incidents’ providing consent has been given.

Jigsaw Homes Group is committed to responding early to reports of anti social behaviour and agreeing action plans jointly with customers on how their report will be dealt with. This action plan will include timescales and agreed actions for both Jigsaw and our customer. Any action plan will then be provided to the customer, either by email or letter. We will provide support to reporters as outlined in the policy. Where appropriate, we will offer ‘self‐help’ options to resolve more minor nuisance issues e.g., encouraging those providing reports (Reporters) to talk to the reported party seeking to resolve the issue amicably without recourse to the landlord.

We will investigate the anti‐social behaviour reports as fully as possible, without pre‐conceptions as to the outcome. Where necessary we will seek ways of independently corroborating or refuting allegations by interviewing other witnesses/local neighbours; using sound recording equipment/applications; requesting information from other agencies etc.

Wherever possible, we will contact the reported party to discuss reports while maintaining the confidentiality of the complainant. It is important that those who are the subject of reports are given the opportunity to explain their actions and improve/rectify their behaviour.

Jigsaw Homes Group does not deal with reports of anti‐social behaviour in isolation and the reporter will need to support any required actions to resolve the anti‐social behaviour. We expect reporters to provide an honest account of the issues, maintain confidentiality and the integrity of any investigation. If maliciousness motivates a report, action may be taken against the reporter.

Customers can report Anti‐Social Behaviour anonymously by calling our contact centre, if they are in fear of repercussions. The lack of an identified individual, however, may affect what action can be taken for legal purposes.

Jigsaw Homes Group is committed to getting services right first time and ensuring that we accept responsibility and accountability when this does not happen. If the customer, the reporter, or the reported party is unhappy with the service they have received, they can make a formal complaint in accordance with our Complaints Policy. Details of which are on our website https://www.jigsawhomes.org.uk/information‐article/complaints/.

Jigsaw Homes recognises the serious impact that hate crime and hate incidents can have on individuals and communities. These behaviours, which stem from hostility or prejudice based on identity, are included within our definition of anti‐social behaviour.

However, due to the distinct nature and severity of hate‐related incidents, we have now developed a standalone Hate Crime Policy.

The dedicated policy outlines our approach to identifying, responding to, and preventing hate crime, and ensures that victims receive tailored support and that cases are managed with the appropriate sensitivity and urgency.

Jigsaw Homes Group believes that no one should have to live in fear of abuse or violence. We understand that it is “domestic” in nature if the perpetrator is a person who is associated with the victim. However, it is not limited to physical violence or confined to instances within the home.

We have a separate policy specifically for domestic abuse that sets out how we will respond to reports and our commitment to dealing with instances effectively, with the victim at the centre of our response.

Under this policy, Jigsaw will initially treat domestic abuse as a safeguarding concern rather than ASB. We may look to take action against any tenants who are found to be perpetrators of domestic abuse.

We are signatories to the Charterer Institute of Housing “Making a Stand” Pledge which confirms our commitment to support people who are experiencing domestic abuse.

Jigsaw Homes Group has a clear and on‐going commitment to the training and development of its employees in safeguarding children and adults in accordance with our Safeguarding policy and procedures. Part of this training commitment includes domestic abuse awareness training,

Jigsaw Homes Group collects stores and uses personal data about tenants, residents, and partners in its role as landlord and service provider. The Group has in place, and will continue to develop, measures that promote strong privacy and security of personal data in accordance with our Data Protection Policy.

We realise that customers reporting anti‐social behaviour to us may be concerned about personal data relating to their complaint being shared with third parties. Jigsaw Homes Group will only disclose personal data with the customer’s consent or where it is lawful to do so. Preventing and tackling anti‐social behaviour is one of our legitimate interests and we will share data with other agencies subject to data sharing agreements.

Jigsaw Homes Group will also share data with other appropriate data controllers where an exemption under the Data Protection Act exists. For example, if we are requested to share information in connection with the prevention and/or detection of crime or the apprehension or prosecution of offenders.

To support confidence in this policy, when fulfilling subject access requests details of allegations made against a data subject, whether proven or not, along with the identity of the person making the report, will not be disclosed.

Visit our Privacy Notice page for more information.

Jigsaw Homes Group uses a wide range of tools to deter customers from engaging in anti‐social behaviour and to stop incidents escalating. Below are some of the more common examples used across our neighbourhoods, but this list is not exhaustive

Diversionary Activities ‐ The Neighbourhood Engagement Teams work with residents’ groups and partner agencies to deliver a range of projects and events that promote community cohesion in our neighbourhoods. We also provide grants for local community projects for a range of neighbourhood initiatives including community safety.

Closed Circuit Television (CCTV) ‐ Jigsaw Homes Group has cameras located across some of its neighbourhoods and uses CCTV as a visible presence to deter anti‐social behaviour and crime. We manage these sites in accordance with our CCTV Policy.

Pre‐Tenancy Information ‐ Prospective tenants receive information about becoming a tenant during the sign‐up interview. This includes specific advice about the community responsibilities of all tenants, those that live with them and those that visit them.

Starter and Introductory Tenancy Schemes ‐ We operate starter or introductory tenancy schemes, whereby the majority of new tenants are given a probationary tenancy with limited rights. This is usually for a period of 12 months. During this probationary period, we monitor the conduct of the tenancy. If a tenant engages in anti‐social behaviour during this probation period, we will take appropriate action which may result in us ending the tenancy.

Mediation ‐ Jigsaw Homes Group recognises that neighbour disputes can sometimes escalate due to misinterpretation and lack of communication between neighbours. Where appropriate we will offer those involved in disputes the opportunity to discuss their issues in a structured way with a trained facilitator. We have our own trained facilitators and use the services of external providers.

Warnings/Cautions ‐ We use warnings/cautions to challenge anti‐social behaviour and to reinforce the message that it will not be tolerated. They are usually confirmed in writing and describe the type of behaviour, why it is anti‐social and the potential consequences if the behaviour does not stop.

Acceptable Behaviour Contracts (ABCs) ‐ We may use Acceptable Behaviour Contracts to persuade those causing anti‐social behaviour to modify their behaviour. The contract records the anti‐social behaviour that the person has been involved in, the impact of their behaviour on others, their agreement not to continue with the behaviour in future and any legal action that will be taken if the contract is broken. All parties then sign the contract. If the person is aged between 10 and 17 years old, their parents or guardian will be encouraged to attend any meetings.

Parenting Contracts ‐ If children are causing anti‐social behaviour, it is important that parents or carers are informed at the first opportunity. Some will be unaware of what their child is getting involved in; others may be struggling to manage their child’s behaviour. We aim to use parenting contracts to record the steps that parents or carers need to take, to prevent a child from engaging in ASB. Where appropriate they will set out plans designed to support parents or carers in achieving this, for example, by a referral to a suitable parenting programme.

Jigsaw Homes Group recognises the impact anti‐social behaviour can have on victims and witnesses. We have appropriate measures in place to identify and respond to risk and the vulnerability of those affected by it.

We will use a Risk Assessment Matrix (RAM) to identify the following:

• the welfare, safety, and well‐being of the person
• the impact the behaviour is having on their lives
• an assessment of any vulnerability and the support in place
• what’s known about those causing the anti‐social behaviour
• the cumulative effect of any repeated incidents

The purpose of the risk assessment is to determine the impact of anti‐social behaviour on victims and witnesses and to ensure that we provide an appropriate response. We will tailor support, accordingly, taking all known circumstances into account. Below are some examples of the types of support we may consider, but this list is not exhaustive:

• directing victims and witnesses to specialist agencies that can assist them (where appropriate we will make referrals on their behalf) i.e. victim support
• in‐house tenancy support, subject to local arrangements
• security measures i.e. target hardening of the property
• legal action to protect from serious harm
• temporary or permanent re‐ housing subject to local arrangements
• ensuring that witnesses attending court are supported
• involving our Community Safety Partners to provide a holistic approach to support i.e. referrals to Anti‐Social Behaviour Risk Assessment Committees or other similar groups.

As part of our commitment to tackle anti‐social behaviour we recognise that those causing it may have underlying problems which contribute to their actions i.e. alcohol misuse, drug misuse, physical health problems, mental health problems etc.

Jigsaw Homes Group will support those causing anti‐social behaviour to identify and resolve their problems either by signposting them to appropriate agencies or making referrals on their behalf. Subject to local arrangements, we may offer in‐house support to those willing to change their behaviour.

Where necessary we will couple any support with enforcement action to ensure the person engages and stops causing anti‐social behaviour. We will take swift action if the person causing the anti‐social behaviour is failing to engage with support and/or their behaviour does not improve. Our primary focus will be to ensure the necessary protection is in place for victims and witnesses.

In supporting those that are suffering from anti‐social behaviour or causing it, staff will report any safeguarding concerns they become aware of to the relevant agencies in accordance with Jigsaw Homes Group Safeguarding Children and Adults Policy and Procedures.

Jigsaw Homes Group work in partnership with a wide range of agencies both strategically and operationally to prevent and tackle anti‐social behaviour in our neighbourhoods. We recognise that where those causing anti‐social behaviour are known to several agencies, we can tackle the issues more effectively by working in partnership.

We will support and contribute to Community Safety Partnerships where crime and anti‐social behaviour is having an adverse effect on our neighbourhoods. As we are not a responsible authority of these partnerships, our influence can sometimes be limited, especially in locations where we have limited numbers of homes.

Jigsaw Homes Group will, where appropriate, arrange and/or attend partnership meetings with agencies where a multi‐agency approach is beneficial to resolving issues. The majority of agencies we work with are the responsible authorities for Community Safety  partnerships i.e. the police, the local authority, fire and rescue service, probation service and clinical commissioning groups.

Where requested to do so, we will attend case intervention meetings that involve our tenants or prospective tenants i.e. the Multi‐Agency Public Protection Arrangements Group (MAPPA), Multi Agency Risk Assessment Conferences (MARAC), Anti‐Social Behaviour Risk Assessment Conference (ASBRAC) etc.

Jigsaw is committed to ensuring the safety and wellbeing of its staff when responding to anti‐social behaviour. We recognise that some situations, particularly those involving mental health, vulnerability, or complex needs, may fall outside the remit, or specialism of Neighbourhood Safety Officers. To address this, we will implement appropriate safeguards, including clear referral pathways, multi‐agency support, and access to specialist advice. Our aim is to ensure that staff are not placed in situations beyond their professional capacity and that individuals receive the right care from the right person.

Jigsaw Homes Group will make use of the full range of non‐legal and legal actions available to us. We will take legal action where necessary to protect victims and witnesses and to stop problems escalating.

Any legal action we take will be proportionate and supported by sufficient evidence including action taken or being considered by other agencies i.e. the police, the local authority etc. We will have due regard to the Human Rights Act 1998 and Equality Act 2010.

Where appropriate, we will also consider and promote the implementation of legal action enforceable by other agencies, for example:

• where the anti‐social behaviour is being caused by owner‐occupier, other social landlord tenants or private tenants in our neighbourhoods
• where the anti‐social behaviour is a criminal offence

The legal powers available to us are:

Civil Injunction
This is a civil power under Part 1 of the Anti‐social Behaviour, Crime and Policing Act 2014 for the purpose of stopping or preventing individuals engaging in anti‐social behaviour. The court must be satisfied that on the balance of probabilities an individual has engaged or threatens to engage in conduct capable of causing nuisance and annoyance to grant the injunction. It can be issued against an individual who is 10 years of age or over. It is issued by the County Court or High Court for over 18s and the Youth Court for under 18s.

The injunction includes relevant prohibitions to get an individual to stop behaving anti‐socially. It can also include positive requirements to get an individual to deal with the underlying causes of their behaviour. A court can attach a power of arrest to the injunction where it is satisfied that the individual has engaged or threatened to engage in violence against other persons or where there is significant risk of harm to other persons.

If there is evidence that an individual has not complied with the terms of an injunction this is a breach, which is a civil contempt of Court. For over 18s this is punishable by up to 2 years in prison and/or an unlimited fine. For under 18s this is punishable by a supervision or detention order. Jigsaw Homes Group will consider taking possession proceedings against tenants who are committed for breaching an injunction.

Demoted Tenancies
Jigsaw Homes Group can apply to the County Court for a demotion order against a tenant in accordance with the Housing Acts 1985 and 1988 (as amended). In Court we must prove that the tenant, a member of their household or a visitor has behaved antisocially or used the property for illegal purposes. If the Court grants us a demotion order, it ends the tenancy on a specified date. If the tenant remains in occupation, a new demoted tenancy will begin on the same date.

Demoted tenants have limited rights while their tenancy remains demoted, which is usually between 12 and 18 months. If anti‐social behaviour continues or the tenant breaks other terms of the demoted tenancy, then we can go back to court and request possession of the property.

Possession Proceedings
Jigsaw Homes Group can apply to the County Court to recover the possession of a tenant’s home in accordance with the relevant schedules of the Housing Act 1985 (as amended) and the Housing Act 1988 (as amended). There are 2 different types of possession proceedings that can be taken, those that rely on discretionary grounds and those that rely on a mandatory (absolute) ground.

Discretionary Grounds ‐ In granting possession the Court must be satisfied that the ground for possession has been established and it is reasonable to make the order. The grounds we can rely on in respect of anti‐social behaviour are as follows:

• Any obligation of the tenancy has been broken
• The tenant or anyone living in or visiting the property has been:
  • guilty of behaviour causing or likely to cause nuisance or annoyance to anyone living in, visiting, or carrying out a lawful activity in the locality and/or
  • guilty of behaviour causing or likely to cause a nuisance or annoyance to the landlord, or a person employed (whether or not by the landlord) in connection with the landlord’s housing management functions and/or
  • convicted of using the premises or allowing it to be used for immoral or illegal purposes and/or
  • convicted of an indictable offence committed in the locality
• The tenant or an adult residing in the dwelling‐house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom
• One partner of a married/civil partnership/cohabiting couple must have left because of violence or threats of violence from the other partner towards her/him, or a member of her/his family living with her/him, and the partner who has left must be unlikely to return. The violence must have been a cause of the partner leaving.

Mandatory Ground ‐ We will follow Part 3 of the Pre‐Action Protocol for Possession Claims by Social Landlords before issuing any proceedings on mandatory grounds. In granting possession, the Court only needs to be satisfied that the ground for possession has been established. Any of the following 5 conditions can apply:

• the tenant, or a person residing in or visiting the dwelling‐house, has been convicted of a serious criminal offence, committed in a relevant place or against a relevant person
• that a court has found that the tenant, or a person residing in or visiting the dwelling‐house, has breached a provision of an injunction
• the tenant, or a person residing in or visiting the dwelling‐house, has been convicted of a breach of a criminal behaviour order
• the dwelling‐house is or has been subject to a closure order for a continuous period of more than 48 hours
• the tenant, or a person residing in or visiting the dwelling‐house, has been convicted of breaching an abatement notice or court order to abate statutory nuisance due to noise.

Victims of persistent anti‐social behaviour, who don’t think they have had a satisfactory response to their reports of ASB, have the right to ask for a multi‐agency review of their case, which is led by the Local Authority Certain thresholds must be met for cases to qualify for ASB case reviews, (previously known as the Community Trigger).

During an ASB case review, agencies will consider the action taken so far and will come together to try to find a solution. Agencies taking part are known as responsible bodies. They include local authorities, the police, NHS Clinical Commissioning Groups in England, and registered providers of social housing (mostly housing associations).

The review body (normally your local authority) must keep applicants informed of the progress of the case, including:

• the decision on whether the threshold is met for the review to go ahead;
• the result of the review; and,
• any recommendations made as a result of the review.

Details of the ASB case review and how to request a review are published on each local authority’s website.

Complainants can contact us direct if they wish to invoke an ASB case review and require more information.

The health and Safety of our residents is of paramount importance, and we will seek to keep our residents safe, if they choose to make a report of ASB. If threats of violence or actual violence are committed, we will consider the use of Civil Injunctions, including those with a power of arrest attached, contact the Police for support and offer target hardening to secure the home where appropriate.

Jigsaw is committed to ensuring tenants are aware of their rights, responsibilities, and available support by actively promoting the ASB Policy. This includes making the policy accessible and available via our website. Clear communication supports regulatory compliance, fosters trust, and empowers tenants to sustain their tenancies and engage with services effectively.

Jigsaw Homes Group will monitor the effectiveness of its anti‐social behaviour service through customer satisfaction. The Group has set a Key Performance Indicator of seeking to achieve a minimum of 65% satisfaction in the way the case has been handled each quarter, and aiming to achieve over 80% satisfaction.

Performance will be reported to Group Board every quarter. Any dissatisfaction with our service will be reviewed by managers and where appropriate improvements will be made to service delivery.

We will use feedback from ASB case reviews and Housing Ombudsman decisions to inform service improvements.

In 2023/24 we dealt with 3,500 ASB cases, with a satisfaction rate of 86.4%.

Here’s what some of our customers had to say:

“I was impressed with how Jigsaw dealt with our case.  We were very pleased and we are very thankful with the way that they solved our case for us.  Thank you.”

“I just wanted to compliment the team on the wonderful service I’ve received from them over a neighbour dispute which is now resolved.”

“The team dealt with my case very well. The issue was resolved and it was dealt with very efficiently.”