Tools available to tackle ASB

We use a range of legal and preventative tools to help us tackle ASB. Listed below are details on some examples of the tools we use

Injunctions

An injunction is a civil order obtained at County Court and places prohibitions on an individual to remedy their anti social behaviour.

Injunctions can only be placed on adults over the age of 18.

Injunctions can be applied for against tenants, owner occupiers and non tenants, where conduct is capable of causing nuisance or annoyance to any person, and directly or indirectly relates or affects housing of Six Town Housing

In serious cases where there have been threats of violence, actual violence or significant risk of harm, the perpetrator can be excluded from a specific area, including their own property and/or a power of arrest can be attached. This means that should the individual breach the injunction, he can be arrested and brought before the court at the earliest opportunity.
If an injunction is breached it is dealt with by civil proceedings and breach of injunction can result in a fine and/or imprisonment.

Anti Social Behaviour Orders (ASBOs)

Anti Social behaviour Orders (ASBOs) are civil orders that protect the public from behaviour that causes, or is likely to cause, harassment, alarm or distress. Orders can be made on anyone aged 10 years or over, who has displayed asb in the previous 6 months

ASBOs can be imposed for a fixed period, with the minimum period being 2 years. Alternatively they can also be unlimited periods of time or until a further order is made
The orders are not criminal penalties, however, breaches of an asbo is a criminal offence.

Undertaking

An undertaking is where the individual promises not to act in a particular way and there are prohibitions in place that the individual agrees not to break.

An undertaking differs from an injunction because a power of arrest cannot be attached to the undertaking and because the individual has agreed or promised not to act in a particular way, the judge does not make a decision as to whether the individual is guilty or not guilty of committing the alleged behaviour.

Possession Orders

There are 3 types of possession order, these are immediate, postponed or demoted.

Immediate Possession

An immediate possession order is granted by the court and ends your tenancy and gives us the legal power to evict you from our property. In cases of immediate possession the courts will decide a date when the possession order comes into force and this usually has a time on it of 7, 14 and 28 days from the Court date.

In cases of introductory tenancies, if we apply to court for possession of the property, then the court can only grant immediate possession, providing we have followed our procedures when serving the relevant paperwork. For more information on Introductory Tenancies please click here.

Postponed Possession

A postponed possession order is when a Court grants immediate possession, however then suspends this for a period of time, usually 1 or 2 years. The courts then place prohibitions in the court order to prevent further anti social behaviour.

If this postponed possession order is then breached within the time period set by the Courts, we can then apply back to the Courts for immediate possession based upon the breaches. However, if no breaches are reported and the Court order is maintained then the possession order ceases at the end of the time period set by the Court and no further action can be taken under this court order.

Demoted Tenancy

Demoted possession orders allow Six Town Housing to apply to courts to reduce the security of the tenure. If such an application is granted then the order removes a number of tenancy rights, including exchanges and right to buy.

An demoted order can only be granted on the grounds of asb and if granted a less secure or demoted tenancy starts.

Demoted tenancies last for 12 months unless proceedings are issued within that year. In these circumstances the demoted tenancy will continue until the proceedings are settled or withdrawn.

Acceptable Behaviour Contract (ABC)

An Acceptable Behaviour Contract (ASB) is a non legally binding written contract between one or more agencies and an individual. The contract outlines what the perpetrator should not be doing and will reflect the behaviour that has been used by the perpetrator. The contract usually has a balance between specific conditions and general conditions

Any agency can lead or instigate an ABC, but they tend to be led by the local authority, police, youth offending team.

ABC are often used with children and young people, but can be used for adults.

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