Harrassment...
Everyone is entitled to enjoy their home free from harassment and racial harassment. Helena Partnerships is committed to dealing with harassment quickly and fairly.
What is harassment?
Harassment is unacceptable behaviour, which can range from violence and bullying to more subtle behaviour. It subjects an individual or a group to unwelcome attention, intimidation, humiliation, ridicule, offence or loss of privacy. It is unwanted by the recipient and continues after an objection is made, although a single incident may be serious enough to constitute harassment and justify a complaint.
This definition includes sexual and racial harassment and bullying as well as any other form of personal harassment arising from a disability, sexual orientation, socio-economic status, age, religion, etc. It can be a single explicit incident causing distress or repeated unacceptable behaviour affecting the dignity of an individual that appears or feels offensive, demeaning, intimidating or hostile.
Differences in attitude, background or culture can mean that what is perceived as harassment by one person may not seem so to another.
The tenancy agreement
All tenants have a Tenancy Agreement which is a contract between Helena Partnerships and the tenant. It has legal obligations on both sides. In the Tenancy Agreement the responsibilities of tenants are clear i.e. not to harass or cause nuisance to neighbours. We are prepared to take action against those who break their tenancy agreement, if we have the evidence to do so.
How do you make a complaint?
What happens next?
A Neighbourhood Officer will visit or interview you within 7 working days of your complaint depending on its seriousness. For serious cases, including all reports of racial harassment, hate crimes or reports of serious domestic violence we will visit you the same day. You can ask to be interviewed by a Neighbourhood Officer of the same gender (e.g. a woman if you are a woman) if that is what you prefer.
Your complaint will be fully discussed and investigated.
We will provide support , deal with any damage to your home and arrange removal of any offensive graffiti. We will help you to make an action plan on how to stop the harassment. You decide what you want to do, and how you want to deal with the problem.
Continuing problems of harassment
If the problems persist you will be requested to complete an incident diary. In this diary you must record in full the details of the incidents and the times they happened.
When legal action is taken
The most important factor is having enough evidence to go to Court to be able to prove the case. This usually means gathering information carefully and it is likely that the person making the complaint will be required to attend Court and give evidence. We will provide support and arrange extra security for your home, if we think it is necessary.
Supporting information
We will, if appropriate and with your permission, contact other agencies to obtain supporting information. These people or agencies could include:
- Other neighbours
- Police
- Council departments such as Social Services, Education and Environmental Health
- Solicitors
- Doctors or Consultants
Anti-nuisance team
Helena Partnerships has a specialist Anti-Nuisance Team that deals with serious anti-social behaviour and harassment. Referrals are made via the neighbourhood office, if appropriate.
What legal remedies are available?
Basically there are three legal remedies.
- Possession proceedings - the Court orders possession of the property and the tenant may be evicted. This can be quite lengthy, particularly if defended and may require a number of Court hearings.
- Injunctions - the Court orders an injunction which can order actions to stop and in some cases a power of arrest can be attached which can result in imprisonment. These can be obtained more quickly, in some cases within 24 hours for serious issues and about 4 weeks for less serious causes.
- Anti-social behaviour order - the Court grants an Anti-Social Behaviour Order which orders such behaviour to stop. A breach of an order is a criminal offence and may result in a term of imprisonment.
Partnership working
The Police are fully committed to our approach on tackling neighbour nuisance. They understand the methods we use in dealing with these problems. In certain situations they will provide information on incidents and in more serious cases assist in providing statements for legal action.
We work in partnership with the relevant departments of St Helens Council e.g. Education, Social Services, Environmental Health and also with other Housing Associations.
Can any other action be taken?
This will obviously depend on the circumstances but other legal remedies are available via St Helens Council and the Police to deal with:
- Noise
- Children not under parental control
- Protection from Harassment Act 1997
- Malicious telephone calls
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