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Not Reinventing the Wheel... A Directory of Current Practice in Tackling Anti-Social Behaviour by Scottish Local Authorities
8 Legal Issues and Actions
It is vital that all departments within a local authority develop good working relationships, and are agreed on priorities, to enable an effective response to anti-social behaviour to be pursued. This is particularly true in the case of staff investigating anti-social behaviour (usually, though not always based in Housing Departments) and their opposite numbers in Legal Services Department charged with taking cases through court. It is essential there are agreed timescales at each stage of the procedure and that all are clear where the decisionmaking power lies in the event of disagreement on the best course to follow.
It is also helpful to develop protocols with key players in the courts and legal system e.g. Sheriff Clerks and Procurators Fiscal.
Good Practice Model | Authority | Key Player |
Barmulloch and West Drumoyne Initiatives. Pilot projects to engage local authority, Police and Procurator Fiscal to fast-track drugs cases and contribute to arresting decline of the areas. Not entirely successful but useful lessons to be learned (see evaluation report details in " other sources of information"). | Glasgow (now Glasgow Housing Association) | Not applicable.
Initiative no longer running. |
Effective use of interdicts (chosen for speed). | Dumfries and Galloway (now Dumfries and Galloway Housing Partnership) | Hilary Lyon
01387 260 000
Ext. 67350
HilaryL@dumgal.gov.uk |
Service level agreement between Housing and Legal services on respective roles and timescales to be adhered to. | East Renfrewshire | Iain McLean
Business Manager, Tenancy Services
0141 577 3720
Iain.Maclean@eastrenfrewshire.gov.uk |
Dedicated solicitor who is a housing specialist and works in close co-operation with ASTF.
North | Lanarkshire | Matt Costello
Principal Investigator
01236 622 500
CostelloM@northlan.gov.uk |
Two solicitors directly employed by the Housing Department. First for Scotland. | Edinburgh | Julia Kennedy
Anti-Social Behaviour Strategy Manager
0131 529 7212
julia.kennedy@edinburgh.gov.uk |
Service level agreement between Housing and Legal Services. | Comhairle Nan
Eilean Siar | Tony Pendle
Assistant Director of Housing
01851 703 773
tpendle@cne-siar.gov.uk |
Tripartite protocol between Police, PF and Housing Department. Seeks to create a framework in which signatories can operate without compromising their own priorities or rules of conduct. | Aberdeen | Raymond Barnett
Neighbour Complaints Unit Manager
01224 523 300
rbarnett@housing.aberdeen.net.uk |
Procurator Fiscal refers cases for mediation if roots of criminal cases lie in a neighbour dispute.
Scottish Borders (now Scottish Borders Housing Association) | Mark Canavan | Neighbour Dispute Manager
01835 825 022
Mcanavan@scotborders.gov.uk |
Robust procedures governing use of surveillance equipment to ensure law is not infringed. | Renfrewshire | Bryan Healy
ASI'ST and Mediation Manager
01505 325 030
bryan.healy@renfrewshire.gov.uk |
Robust procedures governing use of surveillance equipment to ensure law is not infringed. | Fife | Fiona Alder
Housing Investigations Officer
01592 414 233
fiona.alder@fife.gov.uk |
Guidance on collecting and collating evidence to prepare cases effectively. | Fife | Fiona Alder
Housing Investigations Officer
01592 414 233
fiona.alder@fife.gov.uk |
Pioneering use of interdicts and ASBOs (first to be granted ASBO in the UK). | Dundee | David Simpson
City Housing Manager
01382 434 342
david.simpson@dundeecity.gov.uk |
Fast-track system for serious cases whereby legal services undertake to turn them around in two days. | East Ayrshire | John Pilkington
Best Value Officer
01563 576 616
John.Pilkington@east-ayrshire.gov.uk |
Pursuit of ASBOs
At the time of writing this, the following local authorities had applied for ASBOs and can be contacted for advice:
Aberdeen, Aberdeenshire, Angus, Edinburgh, Dundee, East Ayrshire, East Dunbartonshire, Fife, Glasgow, Highland, Midlothian, Moray, North Lanarkshire, Perth and Kinross, Renfrewshire, Scottish Borders, South Lanarkshire, Stirling, West Dunbartonshire, West Lothian.
Eviction Action
At the time of writing this, the following local authorities had pursued eviction action in the last two years:
Aberdeen, Aberdeenshire, Edinburgh, Comhairle Nan Eilean Siar, Dundee, East Ayrshire, East Dunbartonshire, East Renfrewshire, Falkirk, Fife, Glasgow, Highland, Inverclyde, Midlothian, North Lanarkshire, Perth and Kinross, Renfrewshire, Shetland Islands, South Lanarkshire, Stirling, West Dunbartonshire, West Lothian.
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