Anti-social behaviour (ASB)

What is ASB?

The Crime and Disorder Act 1998 says that someone is behaving in an anti-social manner if:

• they are acting in a manner that is causing, or is likely to cause alarm or distress, or
• they are doing several things over a period of time that cause, or are likely to cause, alarm or distress to at least one person living in another household.

This includes:

• Noise nuisance, such as loud parties, loud TVs and radios
• Intimidation and harassment
• Environmental-quality issues, such as litter, fly-tipping (dumping rubbish illegally), nuisance vehicles and graffiti
• Selling drugs
• verbal abuse (shouting and swearing)
• ‘Hate’ behaviour, directed against members of particular groups because of differences (for example, race or religion).

Hate Crimes happen because of hostility, prejudice or hatred of:

• disability
• gender identity
• race, ethnicity or nationality
• religion or belief
• sexual orientation.

They include things like name calling and verbal abuse, bullying and harassment, spitting and physical attacks, damage to property, graffiti, and written notes, emails and text messages.

If you or anyone you know has experienced a Hate Crime, please report it to us or, for free confidential advice and support you can contact Stop Hate UK. Further information is available on their website: Stop Hate UK

For more information and advice on Hate behaviour and where and how to report it, visit Merton Council website

Ways to report ASB

Report anti-social behaviour online >

• Telephone: 0300 500 3000 24 hour number (outside of office hours you are able to leave a message).
• Email: ASBMerton@circle.org.uk

What to do if you are experiencing ASB

Whatever the problem is, it has to have happened more than once to at least one person. If it is an isolated incident, it would not count as ASB, although there may be other things you can do to solve the problem, such as getting an injunction from a court.

Things to think about

If you are being disturbed by ASB, there are several ways to solve, or improve, the problem. The action you take depends on how serious things are and how reasonable your neighbours are. Before you do anything, please consider these points:

• Stay calm
• Remember that the person might not be aware that they are disturbing you
• Be aware that the person causing the problem might not be able to control their behaviour (for example, they might be ill, disabled or have behavioural problems)
• Try to see things from the other person’s point of view and be reasonable.

Keep a Diary

It is also useful to make a note of everything that is happening, including:

• what time it happens
• how frequently
• the names/identity of the people involved

You should also keep a note of all the behaviour that is upsetting you so you can form a full picture of what has been happening. Your diary will help you to show your neighbours that there is a pattern to what they are doing if you decide to approach them. You may not realise it, but the behaviour that has been disturbing or upsetting you may also be affecting other people. If you keep a diary, you will have a record of what has been happening so it can back up what other people are saying if things go any further. Your diary will also be useful evidence of what has been happening if you report the matter to us.

You can download a diary template below. This is a standard template which must be used and it is important that it is completed in full. The cover sheet explains the importance of completing this and how to complete the diary.

Download diary template & guidance notes > (167 KB)

Talk to your neighbours

Your neighbours may not realise that they are disturbing you and it might be worth approaching them to explain how their behaviour is affecting you and ask them to stop doing it. You might find that your neighbour is surprised that they have been disturbing or upsetting you and that they will stop whatever they have been doing immediately. If you decide to try talking to your neighbours directly, think carefully about what you want to say before you speak to them. Write down the points you want to make and try to stick to your point when you are speaking. If you have been keeping a diary of everything that has happened, take it along with you and show it to your neighbour. If they disagree with anything you are saying, be reasonable and try to reach a compromise rather than laying down the law. If you try to be calm and reasonable but the situation still gets out of hand, try not to get angry. Just walk away rather than get into an argument.

If you would prefer to get some help or support before you approach your neighbour, ask a friend who does not live with you to come along with you. There may be some agencies in your area, such as Safer Merton, that will help you to negotiate with your neighbour. This is called mediation and the services available to you will depend on where you live.

Safer Merton is Merton's Crime and Drugs Partnership, which comprises of agencies from across the borough; working with the community to reduce crime, drugs and ASB to keep Merton safe and sound.

What action can be taken?

Whatever the problem is, it has to have happened more than once to at least one person. If it is an isolated incident, it would not count as ASB, although there may be other things you can do to solve the problem, such as getting an injunction from a court.

If you have been the victim of a crime or if you are in danger, you should contact the police as soon as possible. You can also contact Crimestoppers (0800 555 111) to report a crime or give information anonymously. The police also have lots of powers to stop ASB. Some of these powers involve working closely with us and other services in the borough such as social workers. The police can also:

• close down places which are, for example, drug or drinking dens or places in which continuous anti-social behaviour is happening;
• break up groups of people hanging about if the group is causing, or is likely to cause, alarm and distress (this is called setting up a dispersal area);
• issue on-the-spot fines called fixed penalty notices (FPNs) for low-level anti-social offences such as breach of the peace;
• arrest someone who has an 'anti-social behaviour order' against them, but who breaks it by doing something they’re not allowed to do under the conditions of the order.

If you are not in immediate danger, report the problem to us.

Your enquiry will be forwarded to our ASB team where an ASB officer will contact you with an appointment to take a full statement. Your ASB officer will also liaise with the neighbourhood wardens or the caretaker in order to provide reassurance.

Dealing with your ASB complaint

We treat all complaints of ASB seriously. When we receive a complaint, we will record it and decide how serious it is. For ASB, we have three levels of complaint.

Level 1: This is for the most serious types of ASB, such as racial harassment, domestic violence or threats of violence. Our aim is to interview the person who made the complaint within one working day of receiving the complaint.
Level 2: This is for situations where there is no immediate threat to the person who made the complaint or anyone else, such as damage to property or regular loud noise. Our aim is to interview the person who made the complaint within five working days of receiving the complaint.
Level 3: This is fairly low-level persistent ASB, such as garden misuse and occasional noise. Our aim is to interview the person who made the complaint within ten working days of receiving the complaint.
Level 4: Sometimes there is not enough information regarding the ASB complaint. This level acknowledges and logs the complaint and then closes the case due to insufficient information.

Taking Action

We will agree an action plan with the person who made the complaint, setting out the actions that both they and we agree to take. We can take the following action:

• Arrange mediation – that is, when the people involved in a disagreement meet to discuss the problem and hopefully sort it out with the help of an independent person, called a mediator.
• Write to or interview the person carrying out the anti-social behaviour to tell them to stop.
• Get the offender to sign an acceptable agreement (ABA), putting limits on their behaviour.
• Carry out security improvements to the victim’s home.
• Apply for an anti-social behaviour order (ASBO), placing limits on a person’s behaviour or actions.
• Get an injunction (there are several kinds) – that is, a court order either preventing a person from doing certain things, or ordering them in a certain way.
• Get a demotion order – this is a court order taking away a tenant’s security of tenure for one year.
• Apply for a possession order and eviction – used for more serious ASB or as a last resort.

You can find further advice and information on tackling ASB, as well as contact numbers for support organisations, on the Circle Respect website.

Contact us >.

Last modified 01/02/12