Minutes:
Councillors Mary O’Connor, Neil Fyfe and Beulah East attended the meeting and spoke as Ward Councillors.
Concerns and suggestions from petitioners included the following:
All 3 Ward Councillors spoke in support of the petitioners’ request and raised the following issues:
Local MP John McDonnell also spoke in support of petitioners and raised the following issues:
Sergeant Duncan Phillips also spoke in support of petitioners and raised the following issues:
The Cabinet Member, Cllr Douglas Mills listened to the concerns and responded to the points raised.
Cllr Mills explained to petitioners that the Council had no power to close the premises; however, the Council would collect evidence to support residents’ concerns.
Cllr Mills informed petitioners that the Council officers had previously contacted The Care Home Associates to express their concerns but no action had been taken. Cllr Mills agreed that Mansfield Drive was a quiet residential road and that something needed to be done that was beneficial to all parties. Cllr Mills stated that this could be achieved by calling in the Manager of The Care Associates and its Directors to discuss how unpopular the home was with residents.
Cllr Mills encouraged residents to report incidents to the Council by keeping a log and sending to the Anti-Social Behaviour Investigation Team Manager. Officers informed petitioners of the Council’s out of hours Noise Service and what was considered as a statutory nuisance.
Cllr Mills stated that it would be ideal if The Care Associates informed the police and social services of who was living in the house to ensure a good working relationship between partners. Cllr Mills concluded that whilst an instant solution can not be given the Council would be working with residents to resolve the issues associated with No. 25 Mansfield Drive.
Resolved - That the Cabinet Member:
a) Noted the views and concerns of the petitioners.
b) Discussed with petitioners whether the measures taken to date had been effective in addressing the reported anti social behaviour of the residents and by other individuals associated with the property.
c) Advised petitioners that the Council does not currently have legal grounds to close the premises, although this would be kept under review if the problems persist.
d) Instructed the Community Safety Team to contact the Directors of Care Associates so that they fully understand the concerns of residents and are asked what additional measures they will undertake to improve the situation.
REASONS FOR RECOMMENDATION
Addressing the current reported behavioural issues of the residents at 25 Mansfield Drive by engaging with The Care Associates and greater supervision of occupants at the address should improve the quality of life of the residents of Mansfield Drive.
ALTERNATIVE OPTIONS CONSIDERED
A Closure Notice followed by a Closure Order (on application to a Magistrate’s Court) under Part 1A of the Anti-Social Behaviour Act 2003, could be sought in respect of a premises that causes significant and persistent disorder or persistent serious nuisance to a community. However, Home Office Guidance states that these powers should only be used as a last resort, where other interventions have been used or considered and rejected for good reason, and where implications, for example, for children or vulnerable adults in the premises, have been carefully considered.
Supporting documents: