Antisocial Behaviour
What is Antisocial Behaviour?
The Antisocial Behaviour (Scotland) Act 2004 defines it as, "acting in a manner that causes or is likely to cause alarm or distress." The Safer Neighbourhood Team will determine what behaviour constitutes Antisocial Behaviour following their investigation.
For behaviour to be classed as Antisocial it must be persistent, this means that "one off" incidents may not be classed as antisocial behaviour, however, these incidents could still be criminal, so it is important that you contact Police Scotland if you have been the victim of a crime.
Antisocial Behaviour can include:
- Persistent Noise and partying
- Harassment or intimidation
- Verbal abuse
- Shouting, swearing, and fighting
- Vandalism.
The Safer Neighbourhood Team do not deal with complaints about dogs. If you have concerns about dogs, you will find the appropriate advice and guidance on the advice for dog owners page.
The Safer Neighbourhood Team work closely with the police to promote Community Safety and reduce the fear of violence in communities across West Lothian. They wish to hear of incidents occurring as soon as possible to allow them to investigate.
Please report anything you see suspicious or concerning.
- The police can be contacted on 101.
- For ongoing serious incidents, call 999.
The Safer Neighbourhood Team work in shifts, we do not offer a 24/7 service. If you experience Anti-Social Behaviour outwith out operating hours, you should contact Police Scotland on 101 or 999 depending on the severity of the incident.
Our operating hours are:
Day | Operating hours |
Monday | 9:30am - Midnight |
Tuesday | 9:30am - Midnight |
Wednesday | 9:30am - 7:00pm |
Thursday | 9:30am - Midnight |
Friday | 9:30am - 04:00am |
Saturday | 10:30am - 04:00am |
Sunday | 10:30am - 8:00pm |
You can report antisocial behaviour by:
- Calling: WLC Customer Service Centre (CSC) on 01506 280000. They will ensure you will be connected to the appropriate service or call Police Scotland on 101.
- Text phones offer the opportunity for people with a hearing impairment to access the council. The text phone number is: 18001 01506 651115. A loop system is also available in all offices.
- E-mail: Email the Safer Neighbourhood Team (opens new window)
Emails sent to the WLC Customer Service Centre during normal working hours (09:00 to 17:00) will be passed to the Safer Neighbourhood Team who will contact you. We aim to contact you within 48 hours, if the incident is Hate Crime related we will contact you within 24 hours.
If you think the behaviour is criminal, such as selling drugs, you should phone the police on 101. If you have been a victim of criminal behaviour, for example, your home has been burgled or you have been assaulted, you should call the police.
Working as part of the Community Safety Partnership, the Safer Neighbourhood Team deal with Anti-Social Behaviour in partnership with Police Scotland, Scottish Fire and Rescue Service and West Lothian voluntary organisations.
Antisocial behaviour legislation gives Local Authorities and Housing Associations the ability to apply to the Sheriff Court to get an Antisocial Behaviour Order (ASBO). ASBOs are often used as a last resort when all other attempts to tackle the antisocial behaviour have been exhausted.
The Safer Neighbourhood Team have legislative powers that help them deal with complaints of antisocial noise and where appropriate they use fixed penalty tickets and can seize equipment. If necessary, they can work with the police for more serious disturbances.
If you make a complaint about antisocial behaviour the Safer Neighbourhood Team will call you to get more details about the incidents. We would advise that you contact us at the time the incident is happening, this means that incidents are recorded on our system and we will have a log of what has happened. We aim to contact you within 48 hours, if the incident is Hate Crime related we will aim to contact you within 24 hours.
We will investigate the incident, this includes talking to the person you have advised has committed the antisocial behaviour. We may issue warnings or offer mediation.
Incidents of anti-social behaviour are graded. The table below shows how these are split into categories:
Grade | Description |
A+ | Hate & Discriminatory Crimes including racial harassment, homophobia and sectarianism. We will respond to A+ incidents within 24 hours. Any racist graffiti will be removed within 24 hours of being reported. |
A | Extreme behaviour including drug dealing (where there is a conviction, the Breach of Tenancy process could be invoked). Unprovoked assault, violence and serious harassment can be corroborated by the Safer Neighbourhood Team and passed to Police Scotland, or Police Scotland can be contacted directly on 101. |
B | Serious antisocial behaviour including threatening abusive behaviour, frequent serious disturbances (regular disturbance - daily/weekly basis) and vandalism. |
Sometimes incidents might be considered Neighbour Nuisance instead of antisocial behaviour, this is due to the severity of the incident and the impact it has on the person making the complaint. Incidents of Neighbour Nuisance are graded as either C or D.
If the alleged perpetrator is a council tenant, your complaint would be directed to the Area Housing Office and is normally dealt with by the Community Housing Officer. If the incidents persist and develop from Neighbour Nuisance to antisocial behaviour the Safer Neighbourhood Team will get involved.
Grade | Description |
C (Neighbour Nuisance) | Incidents graded as C might include:
|
D (Neighbour Nuisance) | Incidents graded at D might include:
|
Frequently Asked Questions
General
Sometimes incidents might be considered Neighbour Nuisance instead of antisocial behaviour, this is due to the severity of the incident and the impact it has on the person making the complaint. Incidents of Neighbour Nuisance are graded as either C or D.
If the alleged perpetrator is a council tenant, your complaint would be directed to the Area Housing Office and is normally dealt with by the Community Housing Officer. If the incidents persist and develop from Neighbour Nuisance to antisocial behaviour the Safer Neighbourhood Team will get involved.
Grade | Description |
C (Neighbour Nuisance) | Incidents graded as C might include:
|
D (Neighbour Nuisance) | Incidents graded at D might include:
|
When our Safer Neighbourhood Team investigate a case, they need to get information from lots of different sources; sometimes multiple people make complaints about the same issue, or we need to gather information from Police Scotland, or Housing teams. Sometimes there is a lot of work going on in the background that we are unable to tell you about because of Data Protection. If you feel you haven't heard from us in a while, give us a call and we can provide an overview of the case, in the meantime we would advise that you continue to report incidents in real time.
If an incident is ongoing, or is criminal behaviour you should contact the police on 101 for non-emergency incidents, or call 999 in the case of an emergency
No, anyone in the West Lothian Council area can contact and get advice from the Safer Neighbourhood Team.
No. The Safer Neighbourhood Team work in shifts, as shown in the table below.
Day | Operating hours |
Monday | 9:30am - Midnight |
Tuesday | 9:30am - Midnight |
Wednesday | 9:30am - 7:00pm |
Thursday | 9:30am - Midnight |
Friday | 9:30am - 04:00am |
Saturday | 10:30am - 04:00am |
Sunday | 10:30am - 8:00pm |
You can still report antisocial behaviour to us outwith these hours. If the behaviour is criminal, you should contact the police on 101, or call 999 in an emergency.
Yes. However, all the information you give us is confidential. Anonymous reports make it more difficult for the Safer Neighbourhood Team to progress through the legal process.
If you suspect someone is dealing drugs you should call the police on 101. If you wish to contact Police Scotland and remain anonymous, then you should contact Crimestoppers 0800 555111.
This is an urban myth. There is no "cut off" time for noise. However, if the behaviour is causing alarm and distress you should report it to the police, or contact the Safer Neighbourhood Team. If your neighbour is persistently causing disturbances you should contact our officers on 01506 280000 when this happens so that we can keep a record of all the incidents. It is important to remember that domestic noise, such as people moving about their home, using a washing machine, or children playing, is not antisocial behaviour.
Environmental Health or Trading Standards may get involved if there are concerns about the business, or there have been a lot of complaints. The Planning Department can provide advice about obtaining permission to run a business from home. You can find more information here.
Council tenants need to apply for permission to run a business from their home, this is explained in their tenancy agreement. If you report your neighbour for running a business the Safer Neighbourhood Team will advise the Area Housing Office as this is a tenancy management issue.
Call the Police on 101. The Police are responsible for enforcing the conditions of an ASBO.
I have been accused of committing Antisocial Behaviour
If the Safer Neighbourhood Team have been contacted regarding your behaviour we will speak to you about the accusations that have been made. It is important that you avoid acting in an anti-social way. If the antisocial behaviour continues we may take action against you.
You should always try to be respectful of other people's rights to enjoy their home without disturbance.
Things to think about:
- when doing DIY, gardening or housework, try not to carry out loud work too late at night or very early in the morning
- let you neighbours know if you are having a party and don't let the noise get too loud
- do not play music, games consoles, audio equipment or the TV loudly, especially at night or early in the morning
- keep your pets under control
- be aware of where your children are, who is supervising them and what they are doing. Talk to them about respecting the areas they play in and the people that live there
- take responsibility for your children and any visitors if their behaviour is likely to cause harassment or nuisance to others
- avoid using excessive foul language outside the home, in the garden and in public areas
- dispose of rubbish and unwanted items in an appropriate way
- do not get involved in any criminal activity.
You have the right to the peaceful enjoyment of your home. You, members of your household, or your visitors must not cause any noise, disturbance, annoyance or behave in a way that distresses your neighbours. You may be subject to legal action and could lose your home if you commit, or allow others to commit, antisocial behaviour.
If you are evicted for Antisocial Behaviour you may be considered intentionally homeless if you make a homeless application following your eviction. This means that the council would not have a duty to offer you permanent accommodation.
If you are given an ASBO and you are a current tenant with a Scottish Secure Tenancy you will be moved to a Short Scottish Secure Tenancy.
Neighbour Nuisance
Domestic noise and noise from children playing is not antisocial behaviour. If you have concerns about the welfare of a child or young person you should contact Social Policy.
If your neighbour is a council tenant, they need permission to keep a pet. In this case, your complaint would be referred to the Area Housing Office. West Lothian Council no longer have an animal welfare officer, but if the situation is extreme your complaint can be passed to Environmental Health.
If you are worried about the welfare of the animal, for example you think it is being neglected or has been abandoned, you should contact the Scottish SPCA. The SPCA will not deal with noise complaints about barking dogs.
If you rent your home privately, or are an owner occupier you should contact Citizens Advice, or seek independent legal advice. If you are a council tenant, or the tenant of a Registered Social Landlord, you should contact your Housing Officer.
The Safer Neighbourhood Team can carry out investigations, corroborate incidents, and discuss with private owners, private landlords, and Registered Social Landlords. However, it is the responsibility of the Landlord to take relevant action with their sitting tenant.
Safer Neighbourhood Team can investigate and enforce action against private landlords.
The Safer Neighbourhood Team will investigate complaints of unlicensed Houses of Multiple Occupancy (HMOs). We will work closely with the Landlord Registration Team as part of our investigation.
CCTV
If you are sure you want to install CCTV we would advise that you get a contractor to do this for you. You need to create a "Operational Requirement" which details exactly what you want the cameras to see, how the data will be recorded, where it will be stored, how long it will be stored.
No. You can advise the police and they can note that you have a CCTV system, however it does not need to be formally registered
No. You only need to display signs if the CCTV is in a public space or it is a business security system.
Anything that is within your premise, and your car, if it is parked on the street. You should not view adjoining properties or the house across the road.
If your CCTV system captures images such as your neighbours' property or public streets and footpaths, then your use of the system is subject to the data protection laws.
This does not mean you are breaking the law. It does mean that, as the CCTV user, you will need to comply with your legal obligations under the data protection laws. The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18) will apply to you.
The Information Commissioner stated that 28 days retention of data is required, or for no longer than necessary. If you can respond to incidents and copy or download the data within 7-14 days this would be considered acceptable.
It means the boundary of the property (including the garden) where you live. This can include rented property, or a private space in a communal residential dwelling - such as a flat, or a private room in a residential care home.
People have a right to see what you have captured. They can ask you verbally or in writing. You must respond within one month and give them a copy.
If you fail to comply with your obligations under the data protection laws, you may be subject to enforcement action by the Information Commissioners Office. This could include a fine. You may also be subject to legal action by affected individuals, who could pursue court claims for compensation.
More information is available on the Information Commissioner's Office website. (opens new window)
No, if you post images of people you may be liable for a breach of anonymity and civil action may be taken against you. If you have images of perpetrators you should pass these to the police.