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• Anti social behaviour orders - the facts

Who Can Apply?

• The Police
• Local Authorities
• Registered Social Landlords
• Housing Action Trusts
• British Transport Police

How can an ASBO be Obtained?

1. By application to the Magistrates' Court (acting in civil capacity):
   • Made by way of laying a complaint against a Defendant
   • At least one incident needs to have taken place within the 6 months prior to the application.
   • Can apply for an ASBO against anyone aged 10 or over.
2. On conviction
3. Before the County Court:
   • Must be made in the course of "principal proceedings" – usually possession proceedings.
   • Make the application in the Claim Form or alternatively by application if anti-social behaviour only becomes apparent after proceedings have been issued.
   • Can apply to join any third party over the age of 18 into the proceedings if their behaviour is material to the anti-social behaviour complained of.
   • There is a provision to add minors into proceedings – at present this is being piloted in several Courts across the County

The Test?

Set out in theCrime and Disorder Act 1998:-

• That the Defendant has "acted...in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself"

AND

• that such order is necessary to protect relevant persons from further anti-social acts by him."

The Order?

• Lasts for a minimum of 2 years. Can last indefinitely.
• Can be geographically unlimited.
• Can be quite specific e.g name individuals, contain specific exclusion zones.
• All terms must be prohibitory.
• Can apply for an Interim Order.

The Essential Paperwork?

Certificate of Consultation. If local authority application, Certificate of Consultation from the Police. If other organisation, need a Certificate from the Police and from the Local Authority.

Ashfords has a specialist housing team, who would be happy to provide any assistance :
T: 01392 33 4114
E: housing@ashfords.co.uk

Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.