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The problem starts. You call the police or other agency. When they arrive everything is calm. No one else has seen or heard the problem. Sound familiar? You are not alone.
Without good evidence agencies and courts cannot act. Here are some suggestions to help you build up a case against the perpetrator(s). Remember that your report of each incident will be the foundation for your case.
Diary Sheets are a great way to record what is happening, how often and the impact this has had on yourself and your household. Keeping a log of events will help you to recall the events in the order that they happened. You cannot expect to remember every incident in the order that they occur as your memory fades over time. Keeping a diary will therefore assist you, not only will it refresh your memory, but if the case goes to court (although this is not always necessary to stop the behaviour) records of an incident captured in good detail at the time, which also describes the impact the anti-social behaviour has had on your well-being will help officers handling the case to provide credible, persuasive and accurate evidence.
We recommend a simple diary with the date, time and place, the behaviour witnessed, what you were doing at that time, and how it made you feel. Most agencies will have a template ASB diary sheet and they should be able to supply you with these. However, in the meantime you can use your own diary, notebook or download the ASB Help diary sheet to complete.
However, please remember that if there is an incident that requires immediate attention do not hesitate to contact the Police. Do not just write it down on a diary sheet as action may need to be taken there and then.
If you have received threatening emails, letters, text messages or seen posts on social media, you may want to keep these as evidence. Written evidence is so powerful and even if it is distressing to read, you should keep it.
If the message is something posted on a social media site which the person posting it could later remove, we would recommend you print it out or get a screenshot. It may be worth asking an independent person (preferably in an official capacity) to sign it and confirm they saw it live on the internet.
Also, if you have voicemail or answerphone message that evidences ASB, you should save them where possible, or ask your case officer to listen to them and give you a statement noting what they had heard.
Noise monitoring equipment should be available from the Environmental Health team at your local authority (or possibly at your housing association).
Some housing associations and local authorities have purchased a noise monitoring app which enables you to download an app on your mobile device or tablet.
You can find more information about noise here.
CCTV surveillance equipment is now widely used in evidence of both crime and anti-social behaviour. However, you must be aware of the legislation when installing CCTV in your own home.
If you wish to make use of CCTV technology
Further information on domestic CCTV can be found on the following websites. We strongly recommend you reading the information on these sites and contacting your landlord regarding whether you require permission (if applicable), prior to installing CCTV:
https://ico.org.uk/for-the-public/domestic-cctv-systems/
www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property.
Please note that the Police may require footage from your CCTV equipment, and you may be asked for this if it has picked up evidence of crime and or anti-social behaviour.
Photographic & video footage can be useful when evidencing ASB. However, please be aware that counter reports can be made and you must be mindful of the following:
That said, below we set out some guidance to help you understand your rights, avoid invading others’ privacy and know what material is helpful to progress an ASB case.
Legislation (non-commercial film/photography)
Anyone can take photographs in a public place, on streets, or from your own property. However, there are certain restrictions which apply to specific situations to safeguard children, national security and the rights of individuals to privacy and freedom from harassment. Below are some points to note: –
Taking photographs as evidence of ASB
If you are seen taking photographs by those believed to be responsible for ASB it could send a signal to them that you are willing to take action and make them think twice about their behaviour. However, you should also be aware that it might also have the opposite effect and escalate the ASB through threatened or actual retaliation.
The specific agency you are working with (e.g. Police, Local Authority) can give advice on the safety and usefulness of taking photographs in individual cases.
What can you do with the photographs?
Photographs or video material should only be used for the purposes of assisting authorities to prevent or detect anti-social behaviour and not for publishing or wider use, particularly if they identify people and personal information. When deciding what to do with such material, the officers or public authorities handling your case will be able to advise.
The General Data Protection Regulation (GDPR) governs how public authorities use and store personal information. This includes photographs which are stored with personal details. Photographs taken for purely personal use, such as a parent photographing their child in a school nativity play are exempt.
There is great news here, particularly for those suffering from intimidation and living in fear – you do not have to be the one giving evidence against those making your life a misery. Professional witnesses are a solution for:
a) People who are too scared or intimidated to give evidence themselves
b) People who are prepared to give evidence but need an independent opinion (especially in neighbour disputes where it is one person’s word against another)
However, with limited resources due to government cuts, this option may not be possible but may be worth enquiring about if you feel that you would be unable to provide direct evidence yourself. Alternatively, you could ask a family member, friend or neighbour to come when the anti-social behaviour is occurring and then they also will be able to provide a witness statement.
If family, friends or neighbours are not able to witness the anti-social behaviour, they can still give evidence on your behalf as can the agencies helping you in the case (in legal jargon, this is called hearsay).
Mail Address
ASB Help
3-4 Hankey Place
London
SE1 4BB
ASB Help will always endeavour to work collaboratively with practitioners and partner agencies across England and Wales to promote and attain the best possible outcome for the victim. It is our hope that our expertise and experience will be used as an asset by practitioners in all cases that we consult on, however it must be noted that we do NOT have jurisdiction over local agencies and cannot compel partners to undertake specific action.
We will continue to offer objective advice to victims and practitioners alike and hope that in doing so we can promote best practice in ASB case management as well as raising awareness of victims rights.
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