Don't take no-go for an answer

Support for the BNP is on the rise – often in areas where social landlords have a substantial amount of stock. The Race Action Net website recently received a request for advice on the best way to deal with racist residents on a housing association-owned block of flats in a London borough.

The block is in a BNP stronghold and many of the tenants are thought to be members of the far-right group. There is a history of racial harassment, intimidation and vandalism directed towards black and minority ethnic tenants, so the victims have been transferred to other accommodation.

When incidents are investigated, tenants respond with denial and a lack of cooperation. Victims tend not to make complaints for fear of reprisals and the local police and council are said to know of the problem but do little to tackle the situation.

The housing association is now reluctant to house BME applicants in the block, and those who could move in are refusing to.

No BME tenants now live there.

Caroline Hunter, barrister and senior lecturer at Sheffield Hallam University, advises that in the face of serious harassment that is keeping out BME tenants, a housing association should take a high-profile legal stand and evict all or some of the perpetrators. However, problems arise if the block has become a "no-go" area for BME households.

Possession can be sought if the prior BME residents put together a case and there is sufficient recent evidence of harassment.

If there is no available proof of this behaviour, it is difficult to take legal action until something happens. It may be possible to persuade some BME applicants to move into the block on the basis that the housing association gives them the strongest legal protection and takes immediate injunction action, followed by eviction, in cases of harassment. As well as a swift response by the landlord, criminal action is also necessary and likely to be part of any lasting solution.

Organise a joint approach with the police, so tenants won’t be met with indifference when reporting harassment

Busola Johnson, a criminal law barrister and regular Race Action Net contributor, has some important suggestions on how associations can ensure police involvement as well as taking a stance themselves.

On a strategic level, she recommends that the housing association organise a meeting with a senior community police officer to agree a joint approach. This way, the tenants won't be met with indifference when reporting allegations.

From a criminal trial standpoint, Johnson emphasises the importance of clear, detailed evidence from witnesses. They should keep detailed diaries recording: the conduct complained of; the identity of the person responsible for that conduct (names, addresses, who was present and so on); the time the incident took place and when the diary entry was made.

This last point is essential because witnesses generally cannot refer to any notes in court except in the following circumstances: that the notes are accurate; were made at the first practicable opportunity (a delay of a few minutes is probably acceptable but hours are harder to justify); and events were fresh in the witness' memory when they were written. The final decision to allow the witness to refer to notes is made by the trial judge, but without having a record of the time the note was made, the prosecution cannot apply for permission to refer to it.

It is important that everyone who sees the incident should note it. Evidence that is corroborated by more than one person can be very compelling and can dispel any notion that the defendant is the object of a personal vendetta.

If there is visible evidence, such as racist graffiti, vandalised property or injuries, it is imperative that the police attend. If they won't come, which is unlikely, the witness should visit the station and get a crime number, which ensures a record is logged on the police computer. This process is labour-intensive, particularly for the persecuted tenants, but necessary if you are to be sure of securing convictions through unequivocal evidence.

Other practitioners from Race Action Net's membership suggest the housing association explicitly addresses racial harassment in its tenancy agreement and issue a newsletter to tenants highlighting it as a breach of tenancy conditions. Professional witnesses can be used to gather evidence effectively – this avoids digging up reports made by previous BME tenants.