Enforcement approach
North Tyneside Council understand that incidents of ASB and environmental crime can happen at any time and that there is a need to ensure staff are approachable, responsible and accessible. It is important that reporting incidents is as easy as possible for our customers. Each case will be investigated according to the individual circumstances and the enforcement approach will be tailored according to the risk involved and, in all cases, we would look at proportionality. Reports can be made to North Tyneside Council through several different ways including:
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Website - LINK TO BE ADDED
- Call – 0345 2000101
- Email - community.protection@northtyneside.gov.uk
Anonymous complaints can be accepted; however, it can be difficult to conduct a full investigation without knowing the identity of a complainant. This will be explained to the complainant, and they should be asked how they wish to be advised of the outcome of an investigation.
North Tyneside Council is committed to thoroughly investigating ALL complaints of anti-social Behaviour neighbour nuisance and environmental crime. North Tyneside Council will implement appropriate, responsive and proportionate action against those who commit ASB and nuisance whether it is being caused by them, their family/household members and/or visitors.
Victims, witnesses, staff and any other agencies involved will be supported and kept up to date and informed of progress or lack of progress in a case.
North Tyneside Council will not rehouse victims, witnesses or perpetrators involved in an active ASB case to resolve a dispute (except in exceptional circumstances).
Where applicable, residents are always expected to abide by the terms of their tenancy agreement or their lease agreement. If a case of ASB is reported that relates to a tenant or leaseholder, the tenancy agreement/lease will be checked to establish if a condition or conditions have been breached and proportionate enforcement action taken.
North Tyneside Council recognise that it is important to understand the underlying causes of unacceptable behaviour of individuals. North Tyneside Council will challenge this behaviour and will offer support to perpetrators offering a chance for individuals to change.
We may use evidence from sound equipment, body cameras, CCTV, cameras and photographic equipment, the Police and professional witnesses to enable enforcement action to be taken against persons responsible for crime or anti-social behaviour.
North Tyneside Council is committed to eliminating all forms of hate crime and harassment and domestic abuse. These reports are taken very seriously and will be investigated under the North Tyneside Council policies relating to those specific matters.
Officers will work towards set timescales for resolving a complaint however timescales may not always be met due to circumstances such as delays in court proceedings, evidence gathering or other factors. Officers will look to close cases when they have been fully investigated and where possible in agreement with the victim.
North Tyneside Council believes that it is important to inform victims, witnesses and the community of the actions which have been taken to tackle anti-social behaviour. We also believe that if people feel confident that ASB is being tackled people will feel safer to go about their daily lives without fear.
North Tyneside Council will publicise appropriate cases, although the scope and detail of any publicity will always be considered on a case by case basis and in line with Data Protection.
Every case must be dealt with individually and the response will be tailored to specific needs and circumstances.
We may not consider it necessary to classify everything that is reported as ASB, it may be that these reports are everyday living noise or minor differences in lifestyle rather than ASB. Therefore, these reports will not be investigated under the ASB policy or procedures. Examples include:
- DIY during reasonable hours
- Mowing the lawn
- Children playing
North Tyneside Council will not take action against children playing in and around their homes. Unless the children playing are engaged in verbal abuse, criminal damage or serious nuisance.
When North Tyneside Council receives a report of neighbour nuisance or ASB, staff will, as part of every investigation always try to contact the complainant to find out as much information as we can. It is vital that victims work with Officers to help us resolve the concerns to be resolved.
North Tyneside Council may request that victims and/or witnesses provide statements and attend court. Staff will support victims and/or witnesses in this process.
All tenants/leaseholders have a responsibility to ensure they do not make malicious complaints about their neighbours, visitors or anyone engaged in lawful activity around their property. Malicious complaints can have a detrimental effect on our housing management function. North Tyneside Council takes malicious complaints very seriously and we will take appropriate action against anyone found doing so.
Anti-social behaviour towards our staff and contractors will not be tolerated. All staff have an obligation to report any incident of anti-social behaviour.
In making an enforcement decision, Officers will consider the following in line with the Corporate Enforcement Policy:
- Seriousness and prevalence of offence
- The quality of available evidence and probability of the enforcement action under consideration being successful
- The perpetrator’s history and likelihood of re-offending
- The likely effectiveness of the deterrent that successful enforcement action would achieve
- The impact on the community, and victims connected