Antisocial behaviour

Two families, D and G, were neighbours and Northern Ireland Housing Executive tenants. D complained that G had been guilty of more than 100 incidents of verbal and physical intimidation. Police had been called 64 times and there had been seven successful prosecutions. D reported this to the NIHE and asked it to evict the G family.

The NIHE decided not to do so, because of a serious risk to the personal safety of its staff, but offered to rehouse D in any area of his choice.

D claimed the NIHE could not rely on the safety of its own staff as a reason for not taking measures to protect him. He also said the failure to tackle the antisocial behaviour, as distinct from rehousing D, infringed his human rights to respect for his private life and his home.

The judge said that in deciding whether to use housing management powers, the safety of housing staff was relevant but must not be given undue weight – as it had not been.

As for human rights, he said the NIHE had considered alternatives "through a proper and complete investigation based on adequate information". D had got an injunction against G and further criminal proceedings were underway. The decision not to claim possession did not infringe D's human rights.