Antisocial behaviour

What is Antisocial Behaviour and its context in Shetland?

Antisocial behaviour known as ASB is defined under "the Antisocial Behaviour etc. (Scotland) Act 2004 section 143" as a person engages in antisocial behaviour if they:

• act in a manner that causes or is likely to cause alarm or distress; or
• pursue a course of conduct that causes or is likely to cause alarm or distress,
  to at least one person who is not of the same household as them; and “antisocial behaviour” shall be construed accordingly.

Our priority is to identify any service that can help resolve ongoing problems whether it is ASB or not.

• The Council has a number of investigatory powers and legislation it can use for specific types of behaviour.
• Where this is not the case a more general Civil ASB investigation can be undertaken.
• Criminal behaviour is dealt with by Police Scotland. 
• Often non investigatiory resolutions will be more appropriate and have a more effective impact or resolve problems entirely. 

What help is available?

ASB is complex as it covers a wide range of behaviours. The impact it has on a person determines whether it is ASB.

The council takes ASB seriously and invests time to prevent and tackle the root causes. Therefore it is always worh seeking advice.

• Option 1 Seek Advice

  1. Explain unique circumstances and talk to someone else about it.
  2. Find out about resolutions used in similar circumstances.
  3. Ask detailed questions.
  4. Explore the best options and how that might happen.
  5. Receive access to a range of free support as required.
  6. Commence options to improve the situation and hopefully resolve it.

Although our service is confidential a person whom receives a complaint about their behaviour can still make an assumption about whom they think has made that complaint.
They may not realise the impact it is has had or continues to have on anyone else. This is why sometimes a first letter from us can be enough to resolve it.
This is why option two can be tricky to consider but the main factors to consider are is it safe for me to speak with the person whom has caused concern and am i happy to identify myself to that person. If the answer to both of these is yes then please consider a conversation with the person whom has caused the concern. Try to pick a time when neither party is stressed or feels rushed or under pressue. 

• Option 2 Speak to Person Causing Concern

  1. Can seek advice first.
  2. Relationship Scotland Shetland can help with this.
  3. Explain direct to the person the impact it has had.
  4. Allow them to explain what happened, apologise or offer any resolutions as they feel able too.
  5. Allow a discussion around resolutions and any concerns that may exist following this. Keep in mind that if resolutions are unrealistic or unfair they will be hard to keep too and always allow a way for persons to rediscuss this instead of waiting for it to unravel. If this is feeling tricky it is worth getting a neutral person to help with this and again Relationship Scotland Shetland are experts in this field that provide their services free of charge.
  6. Opportunity to have a postive relationship going forward.

Should the person affected not feel able to approach their neighbour for what ever reason they can still speak to us and we can look at appropriate communication inorder to resolve the situation. This includes if the situation feels unresolved after the neighbour is spoken too. Informal solutions normally work best for all parties involved so we may still consider an informal solution in the first instance. 

• Option 3 Speak to Relationship Scotland Shetland

  1. Explain situation so far.
  2. Discuss resolutions on offer.
  3. Discuss best options.
  4. Commence an option.
  5. Refer to appropriate service to commence an option.
  6. Give advice but take no further action.

However with the best will in the world sometimes formal action is required. A formal complaint will follow a tiered approach to intervention going from letters, face to face contact, multi agency meetings and in theory through to formal court action in very rare circumstances.

• Option 4 Civil Concerns

  1. To report a concern please fill in our online reporting form or contact us direct.
  2. Write down what has happened and what impact it has had.
  3. It may help to download our diary sheet or email ehadmin@shetland.gov.uk for a paper copy.
  4. Make contact with relevant service.
  5. The first step will be to make contact normally by letter with the person responsible and ask for this behaviour to stop.
  6. Should this not be enough to resolve the situation it is very important to get back intouch.  A diary sheet can help and paper copies are available by emailing ehadmin@shetland.gov.uk .

Civil responses rarely have capacity for immediate interventions and if something is urgent and an emergency or criminal in nature Police Scotland might be the only service available to help at the time.
Civil responses focus on problem resolution whereas the criminal process looks at restoration which could include legal consequences for the persons behaviour.

• Option 5 Criminal Concerns

1. In an emergency please contact the appropriate emergency service on 999 or 101. We do not have a 24-hour service.
2. The only option for annonimous reporting is CrimeStoppers - 0800 555 111 - Independent UK charity taking crime information anonymously | Crimestoppers (crimestoppers-uk.org) .
3. Full details on how to contact Police Scotland are available on their website: Call Handling - Police Scotland .
4. People impacted by crimes may also need support and Victim Support is a good place to start for support and advice. If the crime is sexual in nature then Womens Aid or Rape Crisis are worth contacting too. Good Shetland focused advice is available at Safer Shetland Website.
5. Legal advice maybe worth considering from Citizens Advice Bureau or through your own solicitor.