Types of Anti-Social Behaviour
Aggressive Begging
Domestic and noise caused by DIY
Domestic Violence
Drugs
Gangs
Harassment
Music & Parties
Sports
Vandalism & Graffiti
Aggressive Begging
If property or money is taken from you by force or against your will; or you are fearful of the repercussions by refusing to give money / property to a beggar, this is classed as “robbery” as per the Theft Act 1968, and should be reported to the police.
Individuals who aggressively beg can be subject to Antisocial Behaviour Orders banning them from specific areas.
Your first port of call should always be West Midlands Police, who can be contacted on 0845 113 5000. In an emergency ring 999.
If aggressive begging is taking place within property owned by Birmingham City Council, or the beggar is a tenant, you should contact the Local Housing Team.
Useful Information
If there is an on-going problem, the following information would be helpful in order to assist the relevant department / West Midlands Police in gathering evidence to prove the offences:
- The names and addresses of perpetrators involved, including descriptions if known
- Location of where the offence is being committed, times and frequency that it is occurring
- Whether the beggar is being verbally and / or physically aggressive
- If they are using weapons, what are they?
If property or money is taken from you by force or against your will; or you are fearful of the repercussions by refusing to give money / property to a beggar, this is classed as “robbery” as per the Theft Act 1968, and should be reported to the police.
Individuals who aggressively beg can be subject to Antisocial Behaviour Orders banning them from specific areas.
Your first port of call should always be West Midlands Police, who can be contacted on 0845 113 5000. In an emergency ring 999.
If aggressive begging is taking place within property owned by Birmingham City Council, or the beggar is a tenant, you should contact the Local Housing Team.
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Domestic and noise caused by DIY
Domestic-related noise, such as banging or slamming doors and shouting continuously, does cause a nuisance. However there are limitations on what action can be taken.
Birmingham City Council encourages all individuals suffering from domestic related noise issues to speak to the perpetrators in the first instance. It may be that people don’t realise they are causing a nuisance.
If the noise is a persistent problem and you’ve tried to tackle the issue with no success or it is unsafe for you to do so, it may be possible for you and the other party to be referred to mediation as a means of solving the issue.
Council Tenants should refer the matter to the Local Housing Team for further advice.
Tenants of Registered Social Landlord or Private Landlords should speak to their landlord direct and refer to their individual tenancy conditions.
If you or the perpetrator is a home-owner and all other courses of action have been attempted, your case can be referred to the Birmingham Antisocial Behaviour Unit. They will assess your case and attempt to resolve the problem for you wherever possible – however the powers available to them to take formal action are extremely limited.
If your neighbour is causing a nuisance by carrying out noisy DIY at unsociable hours on a regular basis you should contact Public Health. Council Tenants can report the complaint to their Local Housing Team who will investigate.
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Domestic Violence
Victims of domestic violence suffer on many different levels and often live their lives constantly in fear.
Domestic violence is believed to be extremely under-reported. Statistics show that it accounts for a quarter of all violent crime and has more repeat victims than any other crime.
Victims of domestic violence should be encouraged to report the incident to their local police on 0845 113 5000. However it is recognised that many will suffer in silence on many occasions before they are prepared to make a formal complaint to the police. Some will never make a complaint to the police.
The National Helpline 0808 2000 247 (which was launched in December 2003) operates on a 24 hour free phone basis. It joins the existing help lines of Women’s Aid and Refuge and now offers both women and children help in finding emergency accommodation, information, planning on safety issues as well a translation service.
If you are a victim or are a concerned relative or friend of a victim you can contact the national helpline for advice. This operates on a call back service.
For male victims of domestic violence support can be provided by Men’s Aid. They can be contacted on 01334 474348 or by e-mail support@mensaid.org. Men’s Aid is run by volunteers and is open Monday to Friday 10am-3pm.
For lesbians, gay men, bisexuals and transgender people experiencing domestic violence support is available from Broken Rainbow on 07812 644 914 or by e-mail lgbtdv@btopenworld.com
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Drugs
If you have concerns about drug taking or dealing in your area, contact the police on 0845 113 5000.
If there is a problem in your area, try to get as much of the following information as you can as it is very helpful for the relevant department / police in gathering evidence:
- the names and addresses of perpetrators involved, including descriptions if possible
- make / model / registration number of vehicles that visit the property (it may be that the same vehicles / people frequent the property on a regular basis)
- location of where the offence is being committed, frequency & times of day occurring
- any types of antisocial behaviour and crime that occur as a consequence of drug dealing in communities. Please let us know what these are, for example street robbery / vehicle crime / frequent visitors to properties.
You should never put your safety at risk, in an emergency dial 999.
Drugs are categorised A, B and C. All are illegal and if you are caught possessing them / supplying them / growing or cultivating them or even giving them away, you are liable for arrest. If charged you could be subject to a fine, a community service order or imprisoned. If you are a council tenant you may lose your property.
Despite recent reports, Cannabis although downgraded from Class B to Class C is still illegal and the above still applies.
Antisocial Behaviour Act 2003
As of the 20 January 2004, the Antisocial Behaviour Act 2003 has given police and courts increased powers in closing premises where drugs are used unlawfully. The police must apply to the courts for a closure order, and the court must be satisfied that the premises is being used in the production, supply or use of Class A drugs or that it can cause a serious threat to the safety of communities, nuisance and disorder. The implementation of these powers enables police forces in consultation with local authorities to close such premises and keep them closed.A closure notice can apply for up to three months, though can be extended to six months. Once a premise is subject to a closure notice it will be securely sealed. To enter or remain in the property during this period is an offence. For further information and guidance see www.homeoffice.gov.uk and www.drugs.gov.uk
For more information about drugs you can contact the following:
FRANK: for advice, information and support on drug related issues.
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Gangs
People can often feel threatened by large groups of youths or ‘gangs’ hanging around public spaces, in the road, around shops or parks for example.
It is not acceptable that people should be put off using public amenities because they feel intimidated or threatened by a large gang.
If the gang are committing any criminal offences, these should be reported in the first instance to the local police on 0845 113 5000
If you do not want to give your details you could also contact Crimestoppers on 0800 555 111.
If the activity of the gang involves a council tenancy, for example:
- a member of the gang is a council tenant or child of a council tenant
- the actions of the gang are directed towards a council tenant
- there is damage to a council property
this should be reported to the Local Housing Team.
The police and Council have been given new powers under the Anti-Social Behaviour Act 2003 and are keen to work together to disperse intimidating groups. Jointly through a targeted approach we can identify particular problem areas where there is persistent antisocial behaviour and disperse and exclude such groups from a designated area.
You should contact the local police to report such activities on 0845 113 5000.
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Harassment
Harassment is an activity whereby someone behaves deliberately to cause an individual or a group of people such as a family to suffer distress.
Harassment is a criminal offence in accordance with the Protection from Harassment Act 1997 and the more serious harassment cases usually involve some form of criminal behaviour such as threatening a person or causing damage.
Under section 1 of the Act, the term “harassment” applies to a course of conduct which harasses or alarms another or which causes that person distress.
The sorts of behaviour that are recognised as constituting harassment include:
threats [either by face or by telephone]
a range of distressing behaviour , such as following the victim, waiting outside the house/ place of work
making silent phone calls
verbal abuse / name calling
use of violence
miscellaneous actions such as sending unwanted gifts, ordering taxis / pizza deliveries etc
damaging property
carrying out out any course of conduct that the perpetrator knows causes distress to another party.
Complainants should be advised to contact their local police who have powers under the Harassment Act to deal with the perpetrator where they are known. You should phone 0845 113 5000 to report such incidents or behaviour.
A range of support measures can help overcome the feelings of insecurity and isolation harassment can cause. Birmingham City Council takes allegations of harassment seriously and it will do all it can to halt the harassment. The Council can take action to enforce these tenancy conditions by way of an injunction, or where deemed more appropriate seeking to take possession of a tenant’s home.
The links listed above provide advice on the most common forms of harrassment. However, people can be harassed for many other reasons, for example, because of their age, religious beliefs or disability. We take harassment very seriously regardless of what form it takes. We will offer advice and support to any Birmingham resident who is being harassed.
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Music and Parties
Playing loud music, especially if done at unsociable hours and on a frequent basis can be regarded as antisocial behaviour if it causes a nuisance to others.
If you or the perpetrator are a council tenant and you wish to make a complaint about this kind of behaviour you should contact the Local Housing Team in the first instance. They will be able to liase with Public Health who can work with them to investigate your complaint.
Tenants of Registered Social Landlords or Private Landlords should speak to their landlord direct who will refer to them to their own conditions of tenancy.
If problems persist, or you are a homeowner, you should contact Public Health direct.
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Sports and antisocial behaviour
Sports including such activities as football, skateboarding, rollerblading, tennis, rounders etc can all be a nuisance for residents and affect their day to day living.
Where possible youths should be encouraged to conduct these activities in the local park, or open space. However more too often such games and sports are carried out in the road outside people's houses and this inevitably can cause some residents some annoyance and sometimes even distress.
Sporting activities can also cause damage to property and vehicles, and if this happens then the damage should be reported to the local police on 0845 113 5000.
If the complaint is about a council tenant or children of a council tenant then you need to report your complaint to your local housing team who have the powers to take action against the tenant.
There are less powers available to deal with sporting activities where a council tenant is not involved.
Youths should be advised to move their activities to a more suitable place in the first instance, although it should be remembered that some parents may be uncomfortable with their children being out of their sight. Try talking to the parents and coming to an arrangement that suits all parties.
For persistent problems, or where the activities encourage a large group of youths, sometimes congregating from farther afield, you should contact the local police on 0845 113 5000.
The police may attend and disperse the groups. They will record incidents or reports and from this be able to identify 'hot spot' areas, which they may choose, target to resolve the problems.
The police and local authority have been given new powers under the Antisocial Behaviour Act 2003 whereby they are able to disperse groups whose presence or behaviour has, or is likely to result in a member of the public being harassed, intimidated, alarmed or distressed. For this to take place there are processes that both organisations have to go through to apply for a dispersal order so such behaviour should be reported to the police.
You should note that this power will be used for the more serious and persistent problem areas.
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Vandalism and Graffiti
Graffiti includes painting, writing, soiling, marking and defacing property.
The Antisocial Behaviour Act 2003 gives Local Authorities further powers to tackle graffiti and fly posting.
- Local Authority Officers, Community Support Officers, or any person accredited by the Chief Constable have the power to issue a fixed penalty notice to the sum of £50 in relation to minor graffiti and fly-posting offences
- Local Authorities also have the power to issue graffiti removal notices to organisations such as railways and those responsible for street furniture. If graffiti is not removed within 28 days, the Local Authority has the power to remove it and reclaim the costs. (There are further guidelines in respect of this and the organisation has the right to appeal).
For further information on the Antisocial Behaviour Act 2003 please see www.homeoffice.gov.uk
Graffiti and vandalism equates to criminal damage. Criminal damage is "deliberately, or recklessly, destroying or damaging someone else’s home, building, vehicle or other items". Criminal damage can be racially or religiously aggravated.
Useful information
The most difficult issue the police and local authorities have is getting evidence to prove who the perpetrators are and catching them in the act itself. The following information is useful if reporting these matters:
- the names and addresses of perpetrators involved, including descriptions if known
- location of where the offence is being committed, times and frequency that it is occurring
- if it's graffiti or whether a specific "tag" is being used. (The police hold databases of tags and they may already know the perpetrator)
- whether the graffiti is obscene, offensive or racist, homophobic etc.
If it is council property that is being defaced, please contact your local housing team and the police. For non-council owned proeprty contact the police and waste management.
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