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Fife Bird Feeding

Area

Fife

Intelligence - what was the nature of the antisocial behaviour?

It was alleged that from May 2004 to January 2005 the Defender threw large quantities of food in her back garden almost every day in the early morning, attracting seagulls and crows. The neighbours claimed the noise of the birds disturbed their sleep and birds swooped aggressively towards residents and fouled gardens and cars. It is also alleged that the Defender removed scraps of food from public waste bins to feed birds. Her practice of feeding the larger birds, the residents claimed, caused them fear and alarm within their community.

Involvement - which partners were involved?

Fife Council Housing Investigation Team, Environmental Services, and Law & Administration Services, also Fife Police Constabulary.

Intervention(s) - which intervention(s) were used and why?

The Defender was given several opportunities – both in writing and during  interviews with Local Authority staff - to amend her behaviour in order to avoid any further action being taken by the Council.

The Defender was keen to avoid having an ASBO granted against her and negotiation took place between her Solicitor and the Local Authority. This resulted in the Defender giving an undertaking to the court, which all parties involved agreed was the best way forward. The undertaking was granted for an indefinite period of time and, if breached, would be treated as contempt of court by the Sheriff. The undertaking was agreed in Court in front of the sheriff on 2nd June 2005.

Following the undertaking being agreed, there were reports that the Defender had started feeding the larger birds again and was therefore breaching the undertaking.  A court date was obtained to consider this charge on 9th December 2005.
 
Prior to this date, however, the Defender intimated she would consent to the granting of an interim ASBO on the understanding that the charge relating to the breach of undertaking was dropped.  The Local Authority agreed to this request and the interim ASBO was granted on 9th December 2005. The Defender subsequently moved house, before the full ASBO hearing was concluded. Therefore the case was not finally determined as it related to her conduct at her previous address.

Implementation - how were the intervention methods realised in practice?

Details of undertaking (and subsequent interim ASBO prohibitions) are as follows:

The Defender undertakes to the Court that she will:
1. Not deliberately feed seagulls and crows within the curtilege of her dwelling house at 'address', Burntisland
2. Restrict her feeding of other birds within said curtilege to the feeding of small birds with seeds and crumbs only, and that until after 2.00pm on any given day.
3. Not to remove scraps of food from rubbish bags or public waste bins in Burntisland.
4. Restrict her feeding of any birds in the Links and Shore areas of Burntisland to before 7.00am on any given day and on the Shore area only of Burntisland to after 7.00pm on any given day.

Impact - what were the outcomes for the perpetrator, the victims and the wider community?

Despite the undertaking, the bird feeding practice did not cease.  This meant that the problems complained about, involving seagulls and other types of bird swooping aggressively at residents, and fouling neighbours gardens etc, continued.  The birds continued to be attracted to the immediate vicinity and caused alarm to residents.

The Defender appeared to be giving no regard to the undertaking and further complaints were received from residents and neighbours in respect of noise nuisance.

Before the granting of the final ASBO the Defender moved house. The measures in obtaining an interim ASBO were therefore considered successful in curbing the behaviour.

Are there any practices/experiences you have gained during this Intervention that would influence the handling of future Interventions?

Whilst the anti-social behaviour in this situation was somewhat unusual, the same practices currently in place for dealing with other types of behaviour (e.g. loud music) were used in this case.

Contact

Fiona Alder
Fife Council
www.fife.gov.uk

More information about this type of intervention

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