Anti-Social Behaviour Policy & Procedure

Introduction to Anti-Social Behaviour Orders (ASBO's)

Anti-social behaviour orders (ASBO's) came into force in April 1999 under the Crime and Disorder Action 1988. The legislation was amended by the Police Reform Act 2003. Previously, only the police and local authorities were able to apply for ASBO's. The categories of organisations entitled to apply for an order has now been extended to include the British Transport Police and Registered Social Landlords.

Where there is a serious case of anti-social behaviour whether nuisance and/or racial harassment the officer involved in the case will always report the incident to the Tenancy Relations Department using the referral form within 24 hours and also report incidents to the Anti-Social Behaviour Forum either at a scheduled monthly meeting or directly to the Co-ordinator via e-mail using the appropriate ASB Forum Referral form.

Assessment of which court to apply to obtain an Anti-Social Behaviour Order must be evaluated by either the Housing Manager or the Operations Director before proceeding any further. You will have to give full information as to whether the order you require will be linked with other action i.e if you are seeking a Possession Order, then the appropriate action will need to be pursued through the County Court. (See Additional Information on Anti-Social Behaviour Orders.)

Types of Behaviour ASBO's

The type of behaviour that may be considered anti-social based on Home Office guidance is:

• Where individuals intimidate neighbours and others through threats of violence or a mixture of unpleasant actions;
• Where there is persistent unruly behaviour by a small group of individuals on a housing estate or other local area who behave in a manner designed to intimidate others;
• Where there are families whose anti-social behaviour, when challenged, use verbal abuse, vandalism, threats and graffiti, and sometimes using children as the vehicle for action against neighbouring families;
• Where there is persistent abusive behaviour towards older people or towards those with mental health difficulties or a disability;
• Where there is persistent and serious bullying of children on an organised basis in public areas on the way to school or within the school;
• Where there is persistent racial harassment or homophobic behaviour;
• Where there is persistent anti-social behaviour as a result of drugs or alcohol abuse.

The main test is whether there is a pattern of behaviour that continues for a period of time. An ASBO is a preventative measure that is designed to restrict serious anti-social behaviour that can make life a misery for the community and/or an individual. An ASBO can be made against anyone who is at least 10-years-old and lasts for a minimum of two years.

Definition of an ASBO

An ASBO is a civil preventative order and has its roots in civil injunctions. It is intended to tackle both behaviour which is likely to escalate to a criminal level and patterns of behaviour which cumulatively cause alarm or distress. They do not, however, consists of single acts which are sufficiently serious or clear-cut to be prosecuted as criminal offences.

The objective of the ASBO is to prevent the individual against who it is made carrying out further acts of anti-social behaviour. It does so by giving clear directions to the individual about what he/she cannot do. For example, a person may be prohibited from entering a certain street after 6pm, alternatively using foul or offensive language in public may be prohibited. Each order is specific to the individual and the behaviour complained of. Breach of the behaviour (without reasonable excuse) is a criminal offence, which carries a maximum sentence in extremely serious cases of five years in prison.

ASBO's in the Magistrates Court

Housing Associations now have the power to make an application for an anti-social behaviour order in the Magistrates Court. As always it is important to note that the application to the Magistrates Court are to the Court acting in its civil capacity.

It is worth stressing that an ASBO is a civil order and housing associations therefore need to prove their case on the balance of probabilities only.

Application for an Anti-Social Behaviour Order in the Magistrates Court

In order to make such an application, the following documents needs to be lodged at court.

1. Application form for an ASBO
2. Application form for a summons requiring the defendant to attend court.
3. Witness statements in support of the application

Many applications for anti-social behaviour orders are adjourned at the first hearing in order to allow the defendant to obtain legal representation. Section 65 of the Leasehold Reform Act 2002 inserted a new section in the Crime and Disorder Act to enable relevant authorities to apply for interim ASBO's. The Magistrates Court has the power to make an interim order before the full application process is completed if the court considers it is just to do so.

Interim orders are therefore useful when there is a clear case of potential violence or abuse to keep people's behaviour in check pending the full hearing.

Consultation requirements

Housing Associations are required to consult with the local authority and the police by virtue of Section 65 of the Crime and Disorder Act 1998 prior to making an application for an order. In Croydon, this will be carried out through the Anti-Social Behaviour Forum which has members from a range of departments within the local authority and the local police. Having consulted with our solicitors they believe that such a Forum would constitute more than adequate consultation. It should be noted, however, that CCHA only has to consult and does not have to secure the agreement of the other parties before progressing. In practice though it is unlikely that a housing association would obtain an anti-social behaviour order without the backing of the local police. It is also possible to make an application for an anti-social behaviour order in the County Court. In general, however, it is not anticipated that CCHA would go down this route unless it were 'tacking on' such an order to other proceedings, for example, possession. The process in the County Court is more complex and time consuming and would only be used where particular circumstances demanded.