Antisocial Behaviour and Hate Policy
Enforcement - the tools and powers we can use
There are a range of tools and powers available to us that we use to tackle antisocial behaviour, hate crime and hate incidents when informal remedies have failed, or the case is so serious that informal action of any form would be ineffective, and we believe that legal action is appropriate immediately.
The process of taking legal action against a tenancy or person can be a lengthy process. When applying to the courts, we must demonstrate that all other reasonable courses of action have been tried before bringing the matter to court.
Choosing the right course of action must reflect the urgency and severity of the behaviour, the needs of the victim and the circumstances of the individual perpetrator.
Some of these actions may be taken in partnership with other agencies.
We work closely with legal services and consult with them at the earliest opportunity when formal legal action is required.
All legal action taken must be proportionate to the incident(s) that have occurred and justified in the reason that the action is being pursued.
Legal actions that are considered
Community Protection Notice
Used for ongoing ASB that has a negative impact on the community's quality of life. A Community Protection Warning must be issued initially in writing and clearly outline the behaviour that is unacceptable and what is expected of the perpetrator.
Extension of an introductory tenancy
A notice to delay a tenancy turning to a secure tenancy, setting out the reasons why this is being sought.
Abatement Notice
To protect residents from Statutory Nuisance.
Notice of Termination
Proceedings for Gateshead Council to gain possession of a property which has an introductory tenancy.
Notice of Seeking Possession
The process of Gateshead Council attempting to gain back possession of their property. This can be a lengthy process and can be in the form of a Mandatory or Discretionary notice.
Anti-social Behaviour Injunction (including power of arrest)
An order that can be granted against an individual that is designed to stop or prevent them acting in an antisocial manner.
Partial or Full Closure Order
An order that can be granted to prevent or restrict access to a property, which is being used to commit nuisance or disorder.