Types of Intervention
Acceptable Behaviour Contracts (ABC's)
Anti-social Behaviour Orders (ASBO's)
Parenting Contract & Orders
Injunctions
Demoted Tenancies
Right to suspend the right to buy
Withhold consent for mutual exchange
Acceptable Behaviour Contracts (ABCs)
Acceptable Behaviour Contracts (ABCs) are agreements made between young people who are responsible for antisocial behaviour and their parents or guardians, along with agencies like the police or local authority. It is a voluntary, informal agreement, so has no legal weight but can
still be effective.
Explaining the situation, and what is needed to improve matters, can make the people involved appreciate how serious antisocial behaviour can be.
These are normally made by 10–17 year olds, and we expect their parents or guardians to countersign it. Although it isn’t legally binding, because the person issued with an ABC has agreed not to behave in certain antisocial ways, it can be a way of preventing a problem becoming a criminal matter.
Most ABCs are successful in addressing a young person’s behaviour, but further action can be taken in the form of a Parenting Order or an ASBO.
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Anti-social Behaviour Orders (ASBO’s)
Anti-social Behaviour Orders (ASBOs) have been around since 1 April 1999, when section one of the 1998 Crime and Disorder Act came into force. This means that there is now some legal protection from behaviour that causes harassment, alarm or distress.
Orders can be made against anyone aged 10 or over who is acting anti-socially.
Anti-social Behaviour Orders are issued by the magistrate’s or county court to protect people from further anti-social acts.
The kinds of conditions contained in anti-social behaviour orders are designed to stop offenders from causing distress to others. They do this by specifying things that the offender is not allowed to do, such as spraying graffiti or threatening others; they can also ban offenders from going to specific areas.
The orders are granted for at least two years. Although they are not criminal, breaching the conditions of one is a criminal offence. Adults found guilty of breaching the conditions of an ASBO can be imprisoned for up to five years.
How long does it take to get an ASBO?
• In cases with an immediate threat of violence, an interim order may be granted within one or two days of the application. This then applies before the hearing to grant a full ASBO
can take place.
• In less urgent cases the person responsible for the anti-social behaviour will be notified about the intention to apply for an ASBO. An interim order may be made before a full hearing can take place, and can take three to four weeks to be granted.
• The full orders can take several months, particularly if the application is defended.
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Parenting Contracts
This is another voluntary document with no legal weight. Like an Acceptable Behaviour Contract, it can apply where a child or young person has been referred to a youth offending team, or when they aren’t attending school and part of the reason for this may be due to the parents failing in their responsibility.
A Parenting Contract is used to agree on standards that must be met, both by the parents and by the local education authority or youth offending team in supporting them.
Parenting Orders
Parenting Orders also came into force as part of the 1998 Crime and Disorder Act. They are intended to tackle antisocial behaviour problems caused by children under 16 years.
Parents must comply with the requirements of the order for up to 12 months, whether that means attending counselling or guidance programmes.
A Parenting Order will always be considered in respect of criminal conduct and/or antisocial behaviour where the offender is under 16 years.
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Injunctions
Injunctions are ways of forbidding someone from doing something, or compelling someone to do something. They can usually only be used against adults, but in some circumstances can also be served against 16 and 17 year olds.
You don’t have to let the defendant know that you are applying for an injunction beforehand, but it must be served upon them personally before it can take effect.
In the most serious cases, injunctions can have a power of arrest attached. In other words, if they are breached then the defendant can be arrested.
How long does it take to get an injunction?
• For pressing cases, such as those with a threat of violence, it may take one or two days, as there is no need to notify the defendant about what you are doing.
• For cases with a less immediate threat of danger the defendant can be notified and the injunction can take two to three weeks to be granted.
Demoted Tenancies
The Antisocial Behaviour Act 2003 introduced a new power to enable us to demote a secure tenant on the grounds of antisocial behaviour. The period of demotion will normally be for 12 months unless the landlord has served a Notice of Proceedings for Possession.
If a Notice of Proceedings for Possession has been issued, the demoted tenancy lasts for a further six months unless possession proceedings are issued within that period.
A demotion order removes several rights of the tenant. They are:
• security of tenure
• right to buy or acquire
• right to transfer.
An application for a demotion order can be made alongside an application for a possession order.
When the Court refuses a possession order but grants a demotion order, this gives tenants a serious warning that they are running the risk of losing their home if their behaviour doesn’t improve.
If at the end of the demotion period the landlord is satisfied with the conduct of the tenant and has not served Notice to Seek Possession of the property, then the demoted tenancy will become a secure tenancy again.
Right to suspend the right to buy
Under the Housing Act 2004, local authority landlords can apply to the Court for an order to suspend a secured tenant’s right to buy on the grounds of antisocial behaviour. The suspension will last for a specified period.
The landlord’s obligation to complete a Right to Buy sale can also be suspended where there are proceedings relating to antisocial behaviour. This will remain in place until those proceedings have ended
Withhold consent for mutual exchange
The Housing Act 2004 gives landlords the right to refuse requests from secure tenants for a mutual exchange if injunctions have been granted.
Additionally a landlord can withhold consent when:
• an Antisocial Behaviour Order has been made against the tenant or the proposed assignee.
Or, if there is an application pending before the Courts for:
• an injunction
• Antisocial Behaviour Order
• Demotion Order
• Possession Order
Evicting Tenants
Evicting a household is a serious step, which does not always solve the problem and can simply move it elsewhere.
Possession Proceedings are only appropriate if injunctions or Antisocial Behaviour Orders have already been tried and have failed, or if they aren’t suitable. Possession proceedings can also be issued when someone living in a property is in breach of our tenancy conditions, for example if they use it for illegal or immoral purposes.
We must prove our case for evicting the tenant to the court at a full hearing.
‘Introductory’ or ‘non-secure’ tenants can be evicted without proof to the court, provided a fair internal procedure has been applied.
For those tenants of private landlords, the method of seeking possession is similar to that for council tenants. Ring the Private Tenancy Unit for more advice on 0121 303 5070.
How long does it take to get possession?
• In most cases, proceedings cannot be issued until at least 28 days after a Notice of Seeking Possession has been served. A court hearing will take place two to three months later and, if the case is defended, a trial will be scheduled for up to six months later.
• An ASBO or Injunction is normally sought to control behaviour during the possession process and/or after eviction.