Anti-Social Behaviour (ASB) expectations

The Ombudsman's expectations are taken from common themes seen in our casework. This information seeks to provide landlords with an understanding of what proactive action to take in response to reports of ASB and any subsequent complaints.

Proactive approach

Policies should be practical, particularly regarding the frequency of updates to residents, the number of stages and the likely outcomes including the consideration of:

• an ASB policy that contains steps for creating the fundamentals of an effective ASB response, including action plans, clear communication, risk assessments, and working with third party agencies
• a proactive neighbourhood management policy, separate from an ASB policy, with options for maintaining good relationships and a matrix to assess appropriate options
• landlords should consider a tenancy management policy that commits to supporting residents throughout their tenancy
• engage residents in the development or review of a good neighbourhood management or equivalent policies to assure that it reflects the expectations of residents and will be effective
• provide information leaflets on ‘how to be a good neighbour,’ as standard with new tenancy or leaseholder induction packs
• all applications for housing should be assessed for the impact on the existing community as well as the needs of the individuals being housed
• landlords should review its presence on estates and the data and information that prioritises intervention, to support an effective good neighbourhood strategy

We consistently see landlords not managing residents’ expectations at an early stage. Landlords need to clearly explain the limitations of their powers and when enforcement action may or may not be possible.

This includes being clear about:

• the steps they will take to investigate the reported incident and agree how and when updates will be provided to the resident
• the potential length of time for enforcement actions and the process leading to any possible legal action
• clearly define the circumstance that a move or relocation may be considered, evaluating residents' needs and any vulnerabilities in line with policies and any risk assessments completed
• residents must be clearly told if their report is being handled within the good neighbourhood management or equivalent policy or considered to be ASB
• residents should be clear on evidence requirements and how they will be used in the investigation process

Policies and procedures should be clear on what a landlord will and will not consider as ASB and provide clear routes to report other forms of nuisance. A resident’s definition of the issue should be considered when categorising the report. When reviewing policies and procedures landlords should ensure:

• ASB policy timescales are realistic and achievable. Adherence to timescales should form part of governance reporting
• where options for action are included in an ASB policy, it should clearly set out the thresholds on when they will be considered and/or when they might be considered inappropriate
• landlords should assure themselves that it is clear to residents when and how to report ASB to them, with a full range of accessible and inclusive options available for residents to make a report
• residents should be clear on what evidence the landlord requires. When evidence is submitted to the landlord, this should be reviewed and clear feedback on next steps provided
• where appropriate risk assessments should be completed. These should be reviewed at appropriate intervals or when a resident notifies of a change in circumstance or notifies the landlord of further incidents
• landlords should ensure that information is provided as standard to residents about their right to make a complaint if they are dissatisfied with the landlord’s handling of their reports or the actions taken by the landlord to address the situation

Where appropriate, landlords should take swift action in response to reports of ASB and any subsequent complaint. Often, we see delayed intervention that can cause escalations of concerns. Landlords should set clear and achievable timelines and communicate clearly, considering residents’ access and communication needs.

When reviewing communications, landlords should consider:

• setting clear timelines for investigation and updates on actions taken by the landlord
• comprehensive record-keeping of reported incidents and records of follow-up actions taken
• clear information on what evidence is required and how evidence provided by the resident will be managed
• If landlords are aware there is going to be a delay in addressing a report of ASB and the timescales provided to the resident will not be met, explain this at the earliest available opportunity and provide revised timescales
• landlords should ensure the tone of communications do not result in perceptions of bias against, or being dismissive of, the resident reporting ASB
• ensure any vulnerabilities or protected characteristics are recorded and taken into consideration when agreeing a communication method with residents
• landlords should begin preparing for the Social Tenant Access to Information Requirements and communicate this to staff in emphasising the need for professional courtesy and respect for residents in internal and external communication
• landlords should self-assess based on our Spotlight report on attitudes rights and respect to ensure their current approach effectively meets the needs of residents, adopting a human-centric approach and recognising reasonable adjustments where needed

Landlords will often need to work with other agencies, including the police and local authorities, when responding to ASB, however the strength of those relationships are often inconsistent.

Landlords should consider the service level agreements they have in place with different bodies and their effectiveness, and whether roles and responsibilities are clear.

• landlords should consider if the report may require using powers available under the Anti-social Behaviour, Crime and Policing Act 2014
• where appropriate landlords should involve other agencies at the earliest opportunity and provide relevant and clear information to the resident
• landlords should have clear information available to residents signposting to relevant agencies, where it is clear the reports are outside of the landlords' remit
• landlords should ensure residents are aware of their right to request an Anti-social behaviour case review (also known as the Community Trigger)
• Before making a referral to another partner, the landlord should explain to the residents why this is necessary. When sharing information is not legally required, permission to share the residents' information should be obtained.
• if a landlord is involving partners, it is still responsible for the continued management of the resident’s case and provide regular updates

Where appropriate mediation can be used as a tool to support good neighbourhood relationships. This option can often be offered too late in the ASB process contributing to low take-up from residents.

Where appropriate landlords should consider if mediation is appropriate early in the process and consider the residents willingness to take part.

Landlords should review the current provision of staff training, supervision, guidance, and support and whether this is conducive to ensuring high standards of customer care.

Consideration should be given to how confident and equipped staff feel in having difficult conversations, including managing expectations and delivering unwelcome news.

Read the above landlord expectations and hold them to account against these.

• if you report an issue about nuisance or ASB to your landlord, they should take appropriate action to address your concerns and advise what action is within their power to resolve the issue
• your landlord should provide you with an accessible way to provide any evidence that it requests, they should provide you with an update and response on what they will do with the information and the timeline to manage your reports
• you should keep a record of your reported concerns
• your landlord should adhere to their policy timelines and respond to your concerns within a timely manner
• you have the right to understand the steps your landlord is taking regarding your ASB. Your landlord should provide you with clear and easy to understand information in response to your concerns and any actions being taken
• if you experiance persistent anti-social behaviour, and do not think you have had a satisfactory response to your reports of ASB, you can ask for a ASB case review a multi-agency review of your case (also known as the Community Trigger)
• if you are dissatisfied with how your landlord has managed responses to your reported concerns, you have the right to make a complaint to your landlord
• if you raise a complaint with your landlord, they must provide a response in writing, and offer you the option to escalate through their 2-stage complaints procedure
• if you are unhappy with your landlord's final response or are struggling to get a response to your complaint, you can contact the Ombudsman, we can ask your landlord to respond or investigate where appropriate

Landlords may need to work with other agencies, including the police and local authorities, when responding to ASB, using powers available under the Anti-social Behaviour, Crime and Policing Act 2014.

If your landlord needs to refer your case to a partner agency, they should explain why this is necessary and obtain your permission, unless they are legally required to share the information. Even if your landlord involves partner agencies, they remain responsible for managing your case and must provide updates on any actions taken.

Further information about partner agencies and their powers can be found on the Ministry of Housing Communities, and Local Governments website: Landlords working with partners