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This information applies to Scotland
What is antisocial behaviour
There is no precise definition of antisocial behaviour. Broadly, it is acting in a way that causes or is likely to cause alarm or distress to one or more people in another household. To be antisocial behaviour, the behaviour must be persistent.
There may be a fine line between antisocial behaviour and disputes between neighbours over relatively minor inconveniences, although these may, if persistent, become antisocial behaviour. Antisocial behaviour can include:-
- noise
- rowdy behaviour such as shouting, swearing and fighting
- intimidation of neighbours and others through threats or actual violence
- harassment, including racial harassment or sectarian aggression
- verbal abuse
- systematic bullying of children in public recreation grounds, on the way to school or even on school grounds, if normal school disciplinary procedures do not stop the behaviour
- abusive behaviour aimed at causing distress or fear to certain people, for example, elderly or disabled people
- driving in an inconsiderate or careless way, for example, drivers congregating in an area for racing
- dumping rubbish
- animal nuisance, including dog fouling
- vandalism, property damage and graffiti.
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What can be done about antisocial behaviour
If you want to take action about antisocial behaviour you should first try and establish who is responsible for the behaviour. It is also important to establish whether the behaviour is deliberate or unintentional.
What you do will depend on the type of behaviour you are complaining about and on the result you want. You may, for example, want one or more of the following:-
- to have the antisocial behaviour stopped
- to get compensation for any damage, loss or injury suffered
- to get an apology
- to be rehoused elsewhere
- the people responsible for the behaviour to be moved/evicted.
To deal with antisocial behaviour you can do one or more of the following:-
If you want to take action about antisocial behaviour you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Taking action yourself
If you want to take action about antisocial behaviour you can:-
- contact the tenants’ association where you live (if there is one), particularly over behaviour that may also be affecting other people
- contact the community warden scheme in your area (if there is one)
- seek mediation (see below)
- take civil proceedings in court to claim compensation and/or apply for an order to stop the perpetrator continuing with their behaviour.
If you are considering taking court action you will need the help of an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Mediation
If you just want the behaviour to stop and do not wish to take legal action, you could consider a mediation scheme. Mediation is a process in which a neutral third party helps two or more people in dispute to seek a mutually acceptable solution informally. Community mediation services deal with disputes between neighbours and in the community, including noise, children, pets, parking and burglaries. Mediation is usually free.
Mediation is an appropriate course of action if both parties are willing to go through with it. Mediation can take the form of direct, ‘round the table’ discussion, where the parties in dispute meet on neutral ground. If they are unwilling to meet, the mediators will act as intermediaries, conveying messages between each of the parties.
The Scottish Mediation Network provides information about the range of mediation services in Scotland and can give details of what schemes exist in local areas. There is a useful map of mediation services in Scotland on their website.
Scottish Mediation Network
18 York Place
Edinburgh
EH1 3EP
Tel: 0131 556 1221
E-mail: info@scottishmediation.org.uk
Website: www.scottishmediation.org.uk
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What the landlord can do
You can ask your landlord to take action about antisocial behaviour. You should find out whether the landlord has a policy and procedures for dealing with antisocial behaviour. Local authority landlords must have antisocial behaviour strategies in place.
All landlords should take reports of antisocial behaviour seriously. Although local authorities and housing associations may have more resources to deal with problems, private landlords must also take steps to address any difficulties.
If private landlords do not respond to complaints of antisocial behaviour in relation to their tenants, occupiers or visitors to the property they own, the local authority can serve an antisocial behaviour notice (ASBN) on the landlord. An ASBN will set out steps that the landlord must take in order to tackle the antisocial behaviour.
If the private landlord does not take these steps, the local authority can do a number of things, including obtaining a rent penalty order or a management control order. A rent penalty order means that no rent is payable on the property until the landlord addresses the problem of antisocial behaviour. A management control order means that the local authority takes over the landlord’s functions in relation to the property. In extreme cases, the local authority can refer the landlord to the Procurator Fiscal for prosecution as it is a criminal offence to fail to comply with an antisocial behaviour notice.
If you have requested that a private landlord take action to deal with antisocial behaviour in their property and they have not taken reasonable steps to deal with the problem, you should contact your local authority.
There are a number of steps that a landlord can take to deal with antisocial behaviour:-
- ask the police or the local authority to take action - see under heading What the police can do or see under heading What the local authority can do
- go to court to get the person behaving in an antisocial way evicted or take steps to bring the tenancy to an end
- apply to court for an antisocial behaviour order, if the landlord is a local authority or housing association
- rehouse the victim, or the person behaving in an antisocial way. This is very unlikely unless the landlord is a local authority or a registered social landlord.
If someone with a public sector tenancy has an antisocial behaviour order against them, their tenancy can be changed to a short Scottish secure tenancy. This means they will not have the right to buy, and their landlord is unlikely to allow an exchange with another tenant.
The person you are complaining about may have a tenancy agreement which forbids certain types of behaviour, for example, harassment, drug dealing or noise. If they break any of these conditions, this could lead to the person being evicted.
If you want to complain about a local authority or housing association tenant, you will normally be able to do this through a housing officer. If they are not a local authority or housing association tenant, you may have to contact their landlord or the landlord's agent.
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What the local authority can do
As a person who is suffering antisocial behaviour you can ask the local authority to deal with it, regardless of whether you are a local authority tenant or not. The local authority can:-
- apply to a court for an order to stop or prevent violent antisocial behaviour in its area
- apply to a court for an order to stop public nuisance, which includes drug-dealing
- take action to stop noise, nuisance and threats to health
- take action to evict the person responsible for the behaviour, if they are a local authority tenant
- offer the victim alternative accommodation
- send reports of any criminal offence to the Procurator Fiscal who will consider whether to prosecute having considered these reports and reports from the police
- take action to ensure that private landlords deal with the antisocial behaviour of their tenants.
If you are experiencing unfair treatment, including harassment or intimidation because of your race, sex, disability, sexuality or religion, the local authority has a legal responsibility to protect you.
If you want to ask the local authority to take action about antisocial behaviour, you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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What the police can do
The police can take action about any antisocial behaviour which is a criminal offence. They can refer someone to the Procurator Fiscal who has:-
- attacked another person, causing physical and/or psychological damage
- wilfully damaged someone else’s property
- behaved in a threatening or abusive way in order to intimidate or frighten or cause harassment, alarm or distress intentionally, for example, by stalking you or writing anti-gay slogans on the wall outside your home
- incited racial hatred or violence by, for example, distributing racist leaflets.
The police have the power to disperse groups of people who persistently act in an antisocial way.
The police can issue on the spot fines (fixed penalty notices) for some types of antisocial behaviour, such as drunken behaviour, some types of behaviour which is causing annoyance to others, breach of the peace, vandalism, littering and dog fouling.
When local bye laws are in place it is an offence to drink alcohol outside and police can ask you to stop drinking if they think it is likely to cause antisocial behaviour.
The police have powers to seize and retain vehicles if the owner has been driving in such a way as to cause alarm, distress or annoyance to members of the public.
The police can also apply for a court order to close down properties where there has been serious or persistent antisocial behaviour. Entering the property will then become an offence and the property will be sealed. These closure orders are likely to be used in a number of situations, for example where properties are used as drinking dens, for drug dealing or prostitution and there is a high degree of disruption and disorder as a result.
The police must take very seriously complaints about antisocial behaviour which is discriminating against you. If you think that your complaint has not been taken seriously enough or if you think the police are discriminating against you, you may want to make a complaint about the police
For more information about how to make a complaint about the police, see heading Complaints in Police powers.
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What community wardens can do
Community wardens aim to improve the quality of life in local areas by reducing crime or the fear of crime, reducing antisocial behaviour and improving the quality of the local environment. The activities of community warden schemes will vary between local schemes. They may include reporting antisocial behaviour and acting as professional witnesses or helping clear up litter or graffiti.
You can find out whether there is a community warden scheme in your area by contacting your local council.
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Further help
The Scottish Government website has useful information on both national and local antisocial behaviour issues. You can find out what services to tackle antisocial behaviour are available in your area. The website address is:
www.antisocialbehaviourscotland.com.
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