Tenant Question Time

Q: Do all Red Kite tenants operate under the same contractual wording with regard to all aspects of investigations that fall within the remit of ASB? If not, is this going to change? Is there a proper procedure in place to manage any such gaps, and can you articulate what that procedure is?

A: We currently have several different tenancy agreements, however all of them will have clauses relating to managing ASB. Although the wording may differ, this does not prevent us from taking appropriate enforcement action under the applicable statutory grounds for possession or relevant tenancy terms. Our approach to managing ASB is set out within our ASB policy and associated processes.

Differences in contractual wording do not prevent us from managing ASB, because the applicable tenancy terms, statutory grounds and organisational policies are considered on a case-by-case basis.

Q: When I've raised an anti-social issue previously, I've found your response to be one of vacillation Can we have some clarity about how you evaluate such matters?

A: In any ASB complaint, the action we take must be proportionate. Proportionate action means that the response taken should be appropriate to the severity, frequency, impact, and any risks associated with the behaviour. We need to make sure our action is evidence-based, reasonable, and, importantly, tailored to the circumstances of the case.

We work to the definition of ASB in Section 2(1) of the Anti-social Behaviour, Crime and Policing Act 2014. It is defined as conduct that:

• Has caused or is likely to cause, harassment, alarm, or distress to any person
• Is capable of causing nuisance or annoyance to a person in relation to that
  person’s occupation of residential premises
• Is capable of causing housing-related nuisance or annoyance to any person.

When a complaint is received, we will carry out a triage of the case. A triage means we will assess the problem to measure the seriousness of the behaviour, the potential impact upon the victim and/or wider community and the immediate actions we may need to take:

• We will compare the allegations against the definition and guidance on ASB as per our relevant policy and process
• We will consider the impact on the victim and wider community using a risk assessment tool focusing on the complainant and the entire problem, not just the apparent seriousness of the allegation. This helps us to identify the vulnerability of the complainant, measure the cumulative impact of the issues, and prevent escalation by putting measures in place to support them
• Our response will be proportionate to the circumstances and may range from advice and early intervention through to enforcement where justified
• Where appropriate, we will consider the least intrusive intervention against the alleged perpetrator likely to resolve the issue. We will also be risk assessing them during this time
• We will consider escalating interventions where behaviour persists or risk increases
• We will ensure decisions are fair, consistent, and documented.

Q: What does it take to evict a neighbour for ASB as sometimes the tenant can feel very frustrated with the outcome?

A: It’s important that we manage expectations when we have a report of ASB made to us. For a tenant to be evicted, we would need to obtain a possession order from the court. The court will consider the particular possession ground being relied upon, the evidence available, the circumstances of the case and any relevant legal requirements. We must be satisfied that there is sufficient evidence and a proper legal basis to justify taking possession proceedings. Even then, we are not guaranteed that a court will grant any orders because it will involve both an assessment of the evidence, and the proportionality of the action. Eviction is not automatic even if evidence is considered proven.

Q: Antisocial constantly in the HP12 areas. Also, constant drug dealing HP12 areas. No action from Red Kite, police, or council at all.

A: HP12 is the High Wycombe town centre postcode. Drug dealing should be reported to the police who work alongside Buckinghamshire Council's Community Safety Team. We work in partnership with both of these agencies and where there are reports of drug dealing involving one of our homes or via persons connected to our homes, we work with the police to deal with this. The police have responsibility for criminal enforcement whilst we can consider tenancy and housing-related action using relevant evidence to inform warnings, other interventions, or formal enforcement action. Complex cases can also be discussed at the local Antisocial Behaviour Action group facilitated by the Community Safety Team to ensure that all agencies work together on a plan of action to support the community.

Q: Please clarify the ASB complaint process including necessary proof

A: When we receive a complaint of ASB we will assess and triage the ASB report, providing any initial guidance. If the matter proceeds under our ASB policy, we will take the following steps:

• Speak to the complainant to provide support and advice, make any referrals and to seek their views and opinions
• Carry out a risk assessment
• Investigate the claims by considering all relevant evidence available. This may include reviewing witness statements, police information or convictions, incident diary sheets, recordings, video footage, audio recordings, photographs, or correspondence
• Engaging with alleged perpetrators as appropriate to provide them with the opportunity to respond. We will also make any referrals to partners, for example to the police, Community Safety team or specialist agencies
• Take any early intervention necessary (warnings, mediation, support)
• Monitor for an appropriate period and update the complainants, asking them to provide any subsequent evidence so we can monitor how interventions are progressing
• Where proportionate and supported by sufficient evidence, consider formal enforcement action
• Resolution and case closure.

Q: What do you do about neighbouring tenants who deliberately refuse to cooperate with repairs and maintenance work?

A: Such a complaint wouldn’t ordinarily be classed as ASB – this would be dealt with as a tenancy management matter if the repairs required are causing further damage to our property. We recognise that on occasion ASB and such issues can feature alongside each other, engaging more than one service area. If a matter is reported as ASB, when carrying out a triage we would involve relevant teams to ensure the matter is pursued through the correct channels. Obligations on repairs and maintenance work are also covered under specific terms of the relevant tenancy and lease agreement and relevant formal action (if informal measures are not successful) will be pursued by our tenancy management and repairs teams to facilitate access for surveys and work.

Q: What prevention services are in place for ASB around Wycombe area?

A: We place the utmost importance on collaborative working between different agencies to resolve problems as proactively as possible. Working together and to joint plans and sharing knowledge helps to prevent ASB. If it does still happen, we can resolve it quicker and in an efficient fashion to support the community. Prevention includes early intervention, mediation, and direct conflict support on a 1:1 basis, referral to specialist support agencies and environmental improvements/target hardening. We are members of various local groups and attend the Local Authority Antisocial Behaviour Action Group (ASBAG). We work closely with the police and Community Safety team, with agencies such as Alternatives to Conflict (who are here tonight), Wycombe Mind, One Recovery Bucks and Buckinghamshire Council's Making Every Adult Matter (MEAM) team. Further information can be found on our Antisocial behaviour webpage.

Q: Speeding is our biggest problem and parking

A: Speeding and dangerous driving on public roads may constitute criminal or road traffic offences and should be reported to the police and, where appropriate, the local authority.

ssues around parking on public roads should also be reported to the local authority, for example the blocking of dropped kerbs, or parking in restricted zones like double yellow lines.

We can also use our position in the community and strong relationships with our partners to help shine a spotlight on these issues. Where the issue is occurring on our land, we will act where possible, seek car registered keeper information from the DVLA where we have a legitimate reason to do so, and work with supporting partners.

If an issue is serious, we will also consider any proportionate and appropriate action against a tenancy agreement where the issue is causing a nuisance or risk to others.

Our regular estate inspections also help us to be proactive when dealing with ASB, for example if we find abandoned or untaxed vehicles.

Q: Under Section 11 of the Children Act 2004 and the Care Act 2014, social landlords have an absolute statutory duty to safeguard vulnerable, neurodivergent households. When a tenant formally alerts Red Kite that a broken or unmaintained property boundary is actively facilitating criminal trespass and repeated emergency 999 police callouts against disabled children, what is the exact internal mechanism used to ensure the Repairs team and the ASB Safeguarding team issue a joint multi-agency emergency intervention, rather than treating a life-safety crisis as a routine, low-priority 'service request'?

A: Red Kite takes safeguarding concerns seriously and has its own safeguarding responsibilities under our safeguarding policy and relevant legal and regulatory requirements.

Where safeguarding concerns are identified, we will consider whether a referral to the appropriate statutory safeguarding agency is required and will cooperate with those agencies as appropriate. We have safeguarding leads in place and existing relationships with local safeguarding teams.

The responsibility for a property boundary ordinarily depends on a legal deed, what the boundary abuts, our wider management policy and individual tenancy agreements. However, where information indicates that a physical property issue may be contributing to a safeguarding or serious safety concern, we have internal reporting systems which can flag such issues for further consideration.

Where the information indicates that an issue warrants an expedited or coordinated response, we will work across the relevant teams and processes, which may include Repairs, ASB, Tenancy Management and Safeguarding, and engage with relevant external agencies where appropriate.

Q: How many people are employed in that department and what training do they receive prior to starting their work. Are they advised to look at all the pertinent facts before asking unreasonable questions?

A: We have an ASB Team Manager and two ASB Specialists in the team dedicated to the high-level ASB cases and those difficult-to-manage medium-level cases. Staff appointed to these roles are recruited based on their relevant skills, experience, and knowledge.

On appointment, they receive appropriate induction and training relevant to their role, with ongoing training to keep their knowledge current.

To help manage our medium-level ASB, we also have a wider team of four General Needs Community Specialists and three Sheltered Specialists. Our Estates Community Specialists also assist in the management of estate-based issues.

When assessing ASB complaints through the triage process, ASB investigations can require staff to ask detailed or challenging questions of complainants and alleged perpetrators in order to establish the facts. These questions are asked fairly, professionally, and in the context of the information available and the purpose of the investigation.

Q: Why does it take so long?

A: The time taken to investigate an ASB case will depend on the nature and complexity of the behaviour, the evidence available and the action being considered. Some matters can be resolved relatively quickly, while others require evidence to be gathered over a period of time, engagement with relevant parties including complainants, partnership working and monitoring to establish whether interventions have been effective. Where formal enforcement is being considered, we must ensure that there is sufficient evidence and an appropriate legal basis for the action being proposed.

Q: There needs to be something done about E bikes , driving around fast and everywhere . Also youths hanging around after 10pm making noise and worse . Also speeding cars down the service road . Will it take someone to be killed before something is done.

A: We appreciate the issue of e-bikes is becoming an increasingly topical issue. The police would ordinarily lead on investigations in relation to dangerous or illegal use of e-bikes on public roads, therefore where the behaviour involves a potential criminal or road traffic offence, it should be reported to the police so that they can consider the appropriate response.

Where there is evidence that a tenant or a visitor to their home has engaged in this behaviour then we can look at acting against their tenancy, if proportionate and appropriate to do so. Again, where youths are congregating causing ASB, or cars are speeding down service or other roads, this should be reported to the police when occurring. In summary, we will consider any proportionate and appropriate action against a tenancy agreement where the issue is causing a nuisance or risk to others, and harness our position in the community and strong relationships with our partners to help shine a spotlight on these issues.

Q: Will the police be active in the bus station when the children go back to school in September?

A: We understand that there have been some previous issues with youths at the High Wycombe bus station (which is not a part of our land). As police or Local Authority Community Safety colleagues are not in attendance tonight, we will be passing this query on to them. If issues do occur and you consider they merit police intervention, reports should be made which in turn help the police to decide where to use their available resources for patrols and other proactive work.

Q: What kind of antisocial behaviour do you deal with?

We work to the definition of ASB in Section 2(1) of the Anti-social Behaviour, Crime and Policing Act 2014. It is defined as conduct that:

• Has caused or is likely to cause, harassment, alarm, or distress to any person
• Is capable of causing nuisance or annoyance to a person in relation to that
  person’s occupation of residential premises
• Is capable of causing housing-related nuisance or annoyance to any person.

Categories of ASB used for recording and case management is as follows:

• Damage to property
• Pet nuisance and dangerous animals
• Drug dealing and supply
• Drug misuse
• Hate crime
• Neighbour disputes
• Noise nuisance
• Physical violence/threats of violence
• Prostitution and sexual activity
• Criminal offence (as defined within the Housing Act 1985)
• Vehicle nuisance (not including parking)
• Ongoing harassment, alarm, distress, or intimidation.

Where matters involve criminal activity and/or criminal prosecution, the police lead and act. We nevertheless may use relevant evidence provided by the police or other partners to investigate tenancy breaches and consider our own civil or tenancy management remedies through respective tenancy agreements and our ASB policy and process. We will also share information and work with our partners collaboratively to respond to ASB in our communities.