Housing Liaison Protocol - Section 4
4. Liaison Protocol
4.1 Confidentiality
Any disclosure, whether under section 115 of the Crime and Disorder Act 1998 or under previously existing common law or statutory powers, must have regard to common law and statutory restrictions on disclosure including data protection legislation. This legislation includes the data protection principles, which require that personal data obtained is processed and disclosed fairly and is processed only for certain purposes; is accurate, relevant, and held no longer than necessary and is kept securely.
In order to streamline the processing of information on anti-social residents information will only be exchanged under private and confidential cover between the local Police Inspector, the relevant Area Housing Manager (for the Council) or the Housing Manager/senior Housing Officer (for Registered Social Landlords). The information will be held securely and only acted upon under the terms of this protocol by each agency.
Any information disclosed remains the property of the disclosing agency. It can only be used for the purpose(s) the information was requested for and only by the agency requesting the information. If the agency requesting the information requires to use the disclosed information for another purpose or they need to disclose the information to another third party (not already notified to the disclosing agency) or a third party requests copies of the disclosed information, then the original disclosing agency must be contacted to confirm their approval of the disclosure. For example, a Housing Association has requested information on Mr X who lives in one of their houses. Grampian Police disclose information on a number of incidents at the property involving Mr X. Mr X approaches the Housing Association and requests a copy of his housing file. The Housing Association must contact Grampian Police to confirm if they agree to the data they have disclosed to the Housing Association being passed on to Mr X.
4.2 Key Elements
The Moray Council operates two housing management areas. In addition, Registered Social Landlords manage housing in Moray.
The key elements of this agreement will involve
- Closer links between the Council’s Housing Service, Registered Social Landlords, Police officers, the Procurator Fiscal and Council solicitors;
- The targeting of issues;
- The sharing of information; and
- The agreement of action for solving problems in the shortest possible time.
The sharing of information will be strictly controlled. Only individuals in named posts who are fully aware of Data Protection principles and restrictions will be allowed to share information.
Grampian Police, the Moray Council, Registered Social Landlords and the Procurator Fiscal will share information in respect of incidents of anti-social behaviour in an agreed format.
4.3 The Process
The Head of Housing & Property, the Housing Services Manager, Principal Solicitor, the Procurator Fiscal, the Chief Inspector from Grampian Police and a senior Manager representing Registered Social Landlords will meet on a regular basis to review the effectiveness of joint working and to identify any directional/policy issues that may arise.
4.3.1 Working at Area Level
Area Housing Managers are responsible for their area, which will be the basis for dealing with issues. Each Area Housing Manager and the relevant Police Officers will meet formally on a timescale to be decided by them. Prior to meetings, both organisations will research instances where anti social behaviour or other criminal conduct has occurred. From this information, consideration will be given to targeting individuals who have committed such acts, or areas giving concern. Both organisations will then liaise with a view to considering joint action. Depending on the nature of the issues to be discussed, the persons involved and the location of the problem, then attendance at the meeting may be extended to include: -
- Housing Officers (as required);
- Protective Services Officers (as required);
- Housing Association Managers (as required);
- Social Work Staff (as required);
- Education Representatives (as required);
- Health Representatives (as required); and
- Legal Services Representatives (as required).
Day to day liaison between personnel of all agencies will continue on an ‘as required’ basis.
4.3.2 Information Gathering/Exchange
The circumstances surrounding each case will no doubt vary. The research prior to any action must be carried out thoroughly and accurately in order to support effective action. It is envisaged that by discussing cases from the outset of complaints, a joint investigation may be initiated which could involve a Community Beat Officer and a Housing Officer attending, if deemed necessary. The Police and Housing personnel will, if appropriate, visit a complainer or victim to ensure that his or her confidence and assistance is maintained.
4.3.3 Grampian Police
When incidents involving anti-social behaviour occur at/or within the vicinity of a property in a target area and are reported to the police, Grampian Police will adopt the following procedure:
Details of the incidents will be recorded on a pro-forma report and the information will be forwarded to the relevant Housing Manager.
The report should detail:
- Date/time and address where incident occurred;
- Officer(s) attending and his/her station;
- Complainer’s details;
- Nature and description of anti-social behaviour;
- Summary of the circumstances and police action;
- Whether or not the matter reported to Procurator Fiscal (including the reference number); and
- Whether there were any contributory factors surrounding the anti-social behaviour e.g. evidence of drugs or alcohol
In cases where there has been a joint involvement with the Housing Service or a Registered Social Landlord and the Police and the latter have referred an incident to the Procurator Fiscal for consideration of a criminal prosecution, the report to the Procurator Fiscal will include information that the Housing Service/Registered Social Landlord has an interest.
4.3.4 Council/Registered Social Landlord
The relevant Housing Manager will record details of all incidents of anti-social behaviour reported to them.
Where the Council or a Registered Social Landlord receives a report of, or witnesses anti-social behaviour which is of a nature suitable for referral to the Police, then the relevant Housing Manager will forward details to the local Inspector by means of a pro-forma report
4.3.5 Urgent Situations
In certain cases, there may be insufficient time for the formal exchange of information. In such cases, the organisation identifying the requirement for prompt action will convene a meeting between the agencies to discuss the case at hand. This may be appropriate in cases of chronic repeat victimisation.
4.3.6 Anti Social Behaviour Orders
Where the Council obtain an Anti Social Behaviour Order against an offender, they will copy the document to the relevant local Chief Inspector. The Chief Inspector will update the S.T.O.R.M Command and Control System. In the event of the Order being breached, the relevant operational officer will be informed by the Control Room of the Order.
Where evidence exists that the order has been breached, the Police will normally report the offender to the Procurator Fiscal. Such reports will be processed at the earliest opportunity and normally within 14 days. A copy of the Anti Social Behaviour Order will be forwarded to the Procurator Fiscal by the Police. In cases where the Police are informed of a breach of an Anti Social Behaviour Order, notification will be forwarded to the relevant Area Housing Manager within 5 days.
4.3.7 Procurator Fiscal
On receipt of the Police report regarding the alleged breach of an Anti Social Behaviour Order, the Procurator Fiscal will decide whether or not he is to prosecute. I f the decision is to prosecute, he will communicate this information to the Council’s Chief Legal Officer. I f the decision is not to prosecute, he will advise the Police who will notify the Council’s Chief Legal Officer. The Chief Legal Officer will advice the relevant Area Housing Manager.
4.4 Monitoring
Effectiveness of the protocol can be monitored in a number of ways: -
- Crime figures for the area;
- Incident figures relating to anti-social behaviour in the area;
- Success or otherwise in obtaining interdict/evictions orders and anti-social behaviour orders; and
- Complaints of anti-social behaviour to housing providers and the Police regarding individuals/families identified as priority cases.
The parties to this Protocol will review its operation and effectiveness at least annually.