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Criminal Damage

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Overview

Criminal damage is defined as deliberately or recklessly destroying or damaging someone else’s home, building, vehicle or other items.

Vandalism and graffiti are criminal damage. Graffiti includes painting, writing, soiling, marking and defacing property.

A fixed penalty notice of £50 can be issued by our enforcement officers for minor offences. The Antisocial Behaviour Act 2003 gives local authorities greater powers to tackle this problem.

The council can issue graffiti removal notices to organisations such as railway operators and those responsible for street furniture. If graffiti is not removed within 28 days, we have the authority to remove it and reclaim the costs.

Essential Information
  • We have set up the Community Safety Partnership, a specialist team that deals with Antisocial Behaviour across the city.

    In the first instance, so long as it's safe, we will always advise you to speak directly with whoever is causing the problem.

    Many disputes between neighbours could be resolved just by talking to each other. Your neighbour may not even realise that they’re causing a nuisance.

    If you’re being subjected to persistent Antisocial Behaviour, we’ll then refer your complaint either to the Community Safety Partnership or the council department best placed to deal with your specific issue.

    If you’re a tenant of a registered social landlord, we may give you their contact details, if the matter is something that they have the power to deal with.

    In an emergency you should always call 999 and report the matter to the police.

  • If you’re reporting vandalism or graffiti, it would help us if you could provide:

    • The names and addresses (if known) of alleged perpetrators involved and descriptions of them
    • Details of where the offence is being committed, at what times and how often
    • Whether a specific tag is being used. The police hold databases of tags so they may already know the alleged perpetrator
    • The nature of the graffiti – is it obscene, racist, homophobic or otherwise offensive?

Frequently Asked Questions
    • Local Authority Officers, Community Support Officers, or any person accredited by the Chief Constable has the power to issue a fixed penalty notice to the sum of £50.

    • We can only investigate incidents that happen in Birmingham. If the incident happened somewhere else, then you should notify the relevant local authority, or the police.

    • In some circumstances the councils service may be able to help resolve problems before they become full disputes. Even if there is a history of problems between the parties, Mediation can be useful in helping to resolve them.

    • We will respond to your complaint within one working day if it is a very serious complaint (category A) such as harassment, violence or threat of violence or a hate crime. We will respond to your complaint within five working days if it is a serious complaint (category B) such as threats or threatening behaviour, or intimidating behaviour from groups or individuals. We will also give you the name of the local officer who is looking into your complaint.

    • The fine will increase if not paid promptly. If you ignore any reminders we may take you to court.

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