Racial Harassment

Shepherds Bush Housing Association (SBHA) takes seriously the issue of racial harassment and is committed to ensuring tenants have a right to live in peace and the responsibility not to harass others.

SBHA defines racial harassment as:

"A deliberate act designed to interfere with the peace, comfort or safety of an individual or group because of their colour, race, nationality, ethnic or national origin".

Our policy
The Association recognises that harassment takes many different forms, ranging from physical attacks on people and property, racist graffiti, arson or attempted arson, to abusive or threatening letters or phone calls.

While it is important to distinguish between acts of harassment and nuisance, SBHA in its investigations will adopt a victim-centred approach. This means that where a victim believes an act to be racially motivated, it will initially automatically be investigated as a case of harassment. This does not mean that the alleged perpetrator is immediately judged as guilty.

SBHA will carry out the initial investigation of all cases of alleged or actual racial harassment within 24 hours of the time of reporting, and will follow an agreed set of procedures for every case investigated.

The Association will provide a full range of support options to the victims of racial harassment, including provision of additional home security, access to alternative housing if requested, and a swift maintenance response where there is damage to property or graffiti. All victims of harassment will also be advised to, and strongly supported in, reporting physical injuries or property damage to the police.

SBHA will take action, as far as possible, against the perpetrators of racial harassment - this will include eviction if necessary. Where a victim of harassment is threatened or in fear of violence or abuse, the use of injunctions will be investigated as speedily as possible.

SBHA staff will record all reported incidents of racial harassment and ensure the details of specific cases are kept updated. They will regularly monitor cases and report action to Committee members.

What we will do if you report racial harassment
An incident can be reported by phone, in person to the office, or in the course of a visit (either by the victim or a third party representing them). Either a Customer Services Officer or a Neighbourhood Officer will complete an Incident form and arrange a visit by the Neighbourhood Officer responsible for the area to the victim at home within 24 hours of the incident. The Neighbourhood Officer will obtain more detailed information about the incident and the perpetrator (if they are known to/identified by the victim) and discuss and agree immediate follow-up action for victim support.

The Neighbourhood Officer will give the victim a number of diary forms for them to record any further incidents, and will also survey and catalogue any graffiti, order any urgent repairs necessary as a result of the incident. They will also in some cases offer additional security to locks, doors etc.

SBHA will support the victim in contacting the police to report the incident, and will also contact any witnesses and take statements. The victim will also be provided with emergency contact numbers.

The Association will draw up an action plan for the victim and agree what support is required. Staff will also interview the perpetrator (if known) and make a decision as to what action should be taken.

In deciding whether an incident constitutes racial harassment, staff must be satisfied the actions are specifically targeted at one or a small number of people rather than generally without discrimination, in which case the incident would be seen as nuisance rather than harassment and dealt with according to nuisance procedures (see the Nuisance and Noise page for more details).

If the decision is that the incident is racial harassment, any further action can only be taken with the permission of the victim.

Following a written warning to the perpetrator, if incidents of harassment continue, SBHA can bring about possession proceedings as the perpetrator will have breached their tenancy agreement.

Injunctions
In some cases, especially those where immediate protection is called for, an injunction may be useful, taken out either by SBHA or the victim. This may prohibit harassment either permanently or temporarily until a possession order is obtained. It is always advisable to seek legal advice before seeking an injunction as this may affect the chances of obtaining an order for possession. The costs of an injunction should also be taken into account.

Rehousing
Victims of harassment often feel their only option is an urgent transfer to an alternative home. SBHA will consider the following in cases where a move is necessary:

• in an emergency where there is immediate physical danger temporary emergency housing will be arranged
• the victim will be given top priority for a transfer within the Association's stock, although because of the lack of stock, particularly the lack of family accommodation, may make an urgent move difficult
• SBHA will also investigate a reciprocal arrangement with a local authority or other housing association, whereby another landlord finds a home for the victim on a 'like for like' basis, with the landlord having the right to nominate one of their households to the resulting Association vacancy
• for a victim wishing to move out of the borough, Association staff will seek a nomination via the Housing Organisations Mobility and Exchange Services (HOMES) although again because of the lack of vacancies this could take a long time.