Antisocial Behaviour - Frequently Asked Questions
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- Q: What is Antisocial Behaviour?
- Q: If someone is reported for Antisocial Behaviour, what action will be taken?
- Q: Why it is important to report cases of Antisocial Behaviour?
- Q: How can the Antisocial Behaviour Team help resolve problems?
- Q: Can I remain anonymous when I report Antisocial Behaviour?
- Q: What is an Acceptable Behaviour Contract?
- Q: What is an Antisocial Behaviour Order?
- Q: Who can apply to the court for an Antisocial Behaviour Order?
- Q: As a tenant, what can I do if I have a problem with my neighbour?
- Q: What can be done about a neighbour's persistent playing of loud music?
- Q: What can be done to stop my neighbour's dog constantly barking in their garden or within their house?
- Q: What happens if the case needs to go to court?
- Q: What is a Community Warden?
- Q: What areas do the Community Warden Scheme cover?
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Q: What is Antisocial Behaviour?
A: The Antisocial Behaviour etc. (Scotland) Act 2004 defines antisocial behaviour as occuring when a person "acts in a manner that causes or is likely to cause alarm or distress, or pursues a course of conduct that causes or is likely to cause alarm or distress to at least one person not of the same household as them". Antisocial behaviour very often takes the form of a pattern of behaviour, however, a single act, if serious enough, can also fall within the meaning of antisocial behaviour.
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Q: If someone is reported for Antisocial Behaviour, what action will be taken?
A: Each case is considered individually. In most cases problems can be resolved through discussion, mediation or warnings. When voluntary solutions are not effective or appropriate then enforcement action can be taken. The type of enforcement action depends on the circumstances.
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Q: Why it is important to report cases of Antisocial Behaviour?
A: We all have a responsibility to treat neighbours and others in the wider community with respect. Antisocial behaviour can affect not just individuals or families but whole communities. We should therefore feel encouraged to report antisocial behaviour, even if it isn't happening directly to ourselves.
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Q: How can the Antisocial Behaviour Team help resolve problems?
A: The Antisocial Behaviour Team can identify the person or agency that might best be able to assist you with your problem and make referrals on your behalf. We co-ordinate partnership working aimed at solving complex antisocial behaviour issues.
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Q: Can I remain anonymous when I report Antisocial Behaviour?
A: All enquiries to the Antisocial Behaviour Team are treated in confidence and we would encourage anyone to complain if they are affected by antisocial behaviour.
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Q: What is an Acceptable Behaviour Contract?
A: An Acceptable Behaviour Contract or ABC is a voluntary agreement drawn up with the person being complained about and is aimed at reducing the behaviour that has caused alarm or upset.
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Q: What is an Antisocial Behaviour Order?
A: Often known as an ASBO this is a civil order granted in the Sheriff Court. The order sets out the behaviour or course of conduct that must cease. Any breach of such an order enables the police to arrest the individual and further court action can follow. This may include either a fine or imprisonment.
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Q: Who can apply to the court for an Antisocial Behaviour Order?
A: The Council or Registered Social Landlord can make an application for an Antisocial Behaviour Order to the local Sheriff Court. An Antisocial Behaviour Order may be granted against anyone over 12 years of age who is resident in that area, and can be applied to any such person regardless of whether they live or lodge in rented accommodation or are owner occupiers.
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Q: As a tenant, what can I do if I have a problem with my neighbour?
A: All landlords have a responsibility to ensure their tenants do not cause antisocial behaviour so in the first instance you should contact your landlord or the landlord of the person causing the problem.
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Q: What can be done about a neighbour's persistent playing of loud music?
A: In some cases the playing of loud music can be considered to be antisocial behaviour. Dumfries and Galloway Council in partnership with Dumfries and Galloway Constabulary currently provides an Out of Hours Domestic Noise Team between 7.00p.m. and 7.00a.m. on Thursday, Friday and Saturdays and between 5.00p.m. and 7.00a.m. on a Sunday. The Team can be contacted during those hours by calling the Police control room on 0845 600 5701.
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Q: What can be done to stop my neighbour's dog constantly barking in their garden or within their house?
A: In the first instance you should try speaking with the owner of the dog who may be unaware of the problem being caused.
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Q: What happens if the case needs to go to court?
A: Most cases of antisocial behaviour never need to go as far as the Courts. However, in the unlikely event you have to attend court as a witness, a member of the ASB Team will be there to offer you support. In addition, the Council has a dedicated ASB Solicitor whom the ASB Team will contact to provide any relevant legal advice.
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Q: What is a Community Warden?
A: Community Wardens are an additional resource within some local communities that provide a reassuring presence, patrolling the streets, identifying and reporting incidents or problems, many of which relate to antisocial behaviour.
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Q: What areas do the Community Warden Scheme cover?
A: In Dumfries and Galloway there are currently 3 Community Warden Schemes in the following locations:
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