Neighbourhood Services
HOUSING
NEIGHBOUR NUISANCE AND ANTI SOCIAL BEHAVIOUR
 Instances
of neighbour nuisance and Anti Social Behaviour are relatively few. However,
when they do occur they can have serious consequences not only for the
persons directly affected but also for the wider community.
East Ayrshire Council is aware of the problems which neighbour nuisance
and Anti Social Behaviour can create and is committed to taking, when
ever possible, early and effective action to prevent instances of these
types of behaviour escalating. By taking action and providing you with
the following information the Council hopes to ensure that everyone has
the right to have the peaceful enjoyment of his or her home.
East Ayrshire Antisocial Behaviour Strategy
In early 2004 following consultation with the Scottish Executive on its
Building Strong, Safe and Attractive Communities’ (BSSAC) proposals,
East Ayrshire was awarded a funding allocation for 2004/05 of £525,000.
£400,000 of this allocation was to be utilised for community warden
schemes and £125,000 to fund a range of other community based initiatives
to tackle antisocial behaviour.
East Ayrshire Council and its Community Planning Partners also have in
place a robust Antisocial Behaviour Strategy and an ‘Outcome Agreement’
that tackles antisocial behaviour in the area.
To view a PDF copy of East Ayrshire's Antisocial Behaviour Strategy
Click here.
To view a PDF copy of East Ayrshire's Antisocial Behaviour Outcome Agreement
Click
here.
To
view a PDF copy of East Ayrshire's 1st year Report on Antisocial Behaviour
Outcome Agreement
Click here
Online Neighbourhood
Nuisance Report Form
You can now report incidents of Anti Social Behaviour online. Please
click on the links below.
To
Report a new Complaint click here.
To Review the progress of a Complaint that you have already reported click
here.
Neighbour Nuisance
What is Neighbour Nuisance?
The term ‘Nuisance’, is applied to various types of
conduct, albeit often annoying, which are less serious than Anti Social
Behaviour, e.g. lack of control over pets, lack of stair cleaning, untidy
gardens, litter, minor noise pollution, family arguments affecting neighbours,
minor verbal harassment etc.
Can the Council take action against everyone responsible for Neighbourhood
Nuisance?
Yes. The Council has powers under the Housing (Scotland) Acts to investigate
and take action against any person committing any form of neighbour nuisance, provided the nuisance is in some way related to a council tenancy.
What should I do if I am being troubled by Neighbour Nuisance?
Perhaps the first thing to consider is that your neighbour may not be
aware that his/her actions are causing a nuisance. If this is the case,
you may be able to resolve the problem by simply speaking to your neighbour
and drawing their attention to the matter in a tactful manner. Generally
this is the best approach to neighbour nuisance as the problem can be
quickly resolved and you still maintain a good relationship with your
neighbour. However, we do realise that there will be instances where this
form of approach will not work or will be impracticable. In such cases if your complaint of nuisance is associated with a council tenancy you can report the matter as indicated below. However, if your complaint has no association with a council tenancy you should report the matter to the landlord responsible for the property concerned. Where no landlord has an interest in the property e.g. the dispute is between owner-occupiers you may wish to consider mediation or consulting with the East Ayrshire Citizens Advice Bureau or your solicitor.
East Ayrshire Community Mediation Service
East Ayrshire Council in Partnership with SACRO offers a free
and confidential mediation service that aims to provide an alternative
method towards resolving disputes. The East Ayrshire Community Mediation
Service will bring together the two disputing parties to reach an agreement
to the dispute that is acceptable to both parties. To contact the East
Ayrshire Community Mediation Service click here or pick up a leaflet
on the service at your local office.
How to Report Neighbourhood Nuisance
There are several ways that Anti Social Behaviour can be reported.
Report the matter, irrespective of your tenure, to any of the above contacts.
A Housing Officer or an Anti Social Behaviour Investigator will investigate
your complaint and an attempt will be made to resolve the nuisance in
line with council policy.
If this fails the Council may, as a last resort, raise
an action in the civil courts to prevent the nuisance continuing.
The Council will keep you informed of developments.
If it is a dispute over boundaries owner occupiers should consult legal
advice or contact their local Citizens Advice Bureau Click
here for contact details
If you do decide to seek advice from a solicitor any costs involved
will be at your expense subject to the availability of legal aid.
Anti Social Behaviour
What is Anti Social Behaviour?
Anti Social Behaviour is defined as any behaviour which causes or is
likely to cause fear, alarm or distress.
How can Anti Social Behaviour be tackled?
There are a variety of ways in which Anti Social Behaviour can be tackled.
- Acceptable Behaviour Contracts (ABC).
- Unacceptable Behaviour Notices (UBN)
- Anti Social Behaviour Orders (ASBO)
What is an ABC?
Acceptable Behaviour Contracts are a form of early intervention. They
are voluntary written agreements between a person involved in Anti Social
Behaviour and the relevant agencies working to prevent Anti Social Behaviour.
An ABC describes the anti social behaviour committed and what the person
should do to avoid this behaviour in the future. ABC's are also linked
to an offer or Tenancy Support.
What is a UBN?
Unacceptable Behaviour Notices like ABC's are another form of early intervention.
These are used when a person refuses to enter into an ABC or fails to
attend an ABC interview. An UBN also describes the anti social behaviour
committed and what the person should do to avoid this behaviour in the
future. UBN's are also linked to an offer or Tenancy
Support.
What is an ASBO?
An ASBO is a civil court order which the Council may apply for when a
person aged 12 years or over, and not living in your home
commits on at least two occasions, Anti Social conduct or behaves
in an Anti Social manner. ASBOs are not intended to be a substitute for
criminal proceedings where these are appropriate, and may be complementary
to other civil proceedings, where the use of these is appropriate. However,
it should be noted that the Council would only consider making an application
for an ASBO, when all other means of trying to resolve the problem (short
of an action for eviction, where appropriate) have failed.
An ASBO can be made against persons of all housing tenure types:
i.e. owner-occupiers, public and private sector tenants, persons residing
in or even visiting these households.
Where the Sheriff grants an ASBO it will contain conditions prohibiting
the person or persons, named in the order, from doing whatever is considered
necessary to protect the community from further Anti Social Behaviour
by that person or persons.
A person who breaches the terms of an ASBO commits a criminal offence
and may be subject to severe penalties in the criminal courts. Any
apparent breach of an ASBO should be reported to the police as soon as
possible.
NOTE
The Council is not empowered to make an application for an ASBO to
address behaviour, which is merely different or eccentric or results from
a mental disorder. In addition ASBOs cannot be used to promote the harassment
of individuals or groups from behaviour that results from being of a different
race or religion or to address what the Council considers to be a civil
dispute between neighbours over, for example boundaries or access.
Can I raise an action for an ASBO on my own?
No, the Anti Social Behaviour etc (Scotland) Act 2004, only empowers
local authorities and Registered Social Landlords (RSL's) to raise ASBO
actions. You may, however, consider taking legal advice from your own
solicitor with a view to raising a civil action at your own expense, e.g.
interdict, or an action under the Protection from Harassment Act, 1997,
etc.
What can I do if I am the victim of Anti-Social Behaviour?
If the behaviour amounts to criminal conduct report the matter to the
police, irrespective of the fact that the person lives in your home or
is under the age of 12. The police will investigate your complaint and
take whatever action is deemed necessary in the circumstances.
In addition, whether or not the Anti Social Behaviour involves criminal
conduct, (provided the person responsible does not live with you and is
aged 12 or over), you may wish to consider reporting the matter with a
view to the Council carrying out appropriate investigations and possibly
making an application for an ASBO against this person as a last resort.
Note: The Council is not permitted under the Data Protection
Legislation to disclose the name and address of private sector landlords
to you. However, the Council will undertake to inform the landlord of
your complaint in order that he/she can investigate it.
What will happen once I report Anti Social Behaviour?
Your complaint may be investigated by the Council’s Anti Social
Behaviour Investigation Team who will interview and obtain statements
from you and any witnesses to the incidents. Depending on the seriousness
of the Anti Social Behaviour someone from the Anti Social Behaviour Team
will contact you within one to three working days from the
time you made your complaint. Thereafter the Council will attempt to resolve
the matter in line with Council Policy. If this fails, the Council may
make an application to the Sheriff for an ASBO, provided of-course
there is sufficient evidence to satisfy the Sheriff that such a course
of action is necessary.
You will be kept informed of all developments.
Do I have to wait until I have been the victim of two or more Anti-Social
acts before reporting the matter?
No. While the law requires that a person commits two or more Anti
Social acts before an application can be made for an ASBO. It may be possible
for the Council or the appropriate landlord to take early and effective
action by other means to prevent the problem escalating, even where you
have only been subjected to one act of Anti Social Behaviour.
Will I have to give evidence in court?
Yes. But only if the person responsible for the Anti Social Behaviour
or neighbour nuisance defends the action. The decision on whether or not
to pursue an action in the courts largely depends on your willingness
and that of other witnesses being prepared to give evidence in court.
What if I do not wish to go to court?
Then it is possible that the court action will not proceed and you will
continue to be subjected to Anti Social Behaviour or neighbour nuisance.
Remember it is as much in your interest as it is in everyone else’s
to stop Anti Social Behaviour and neighbour nuisance continuing.
Finally, how long will it take to resolve the problem?
This will depend on how the person responsible for the Anti Social Behaviour
or neighbour nuisance reacts. It may only take a few days, if the person
complies with advice given to him by the Council or the landlord.
However, if the matter cannot be resolved without making an application
for an ASBO or raising some other form of court action, it may take several
months for the case to be heard in court.
Further Information
 East
Ayrshire Citizens Advice Bureau
Local
Police Information
East
Ayrshire Community Mediation Service
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