Home > Civil Rights & Law > Anti Social Behaviour Orders, ASBOs: Your Rights

Anti Social Behaviour Orders, ASBOs: Your Rights

By: Garry Crystal - Updated: 16 Jul 2018 | comments*Discuss
 
Anti Social Behaviour Orders Asbo

Anti Social Behaviour Orders (ASBO) were introduced in 1999 as part of the Crime and Disorder Act (1998). These orders have come under criticism due to the age of the offenders being targeted.

What is an Anti Social Behaviour Order?

Anti Social Behaviour Orders are civil sanctions designed to stop certain types of behaviour. The main stipulation of an ASBO is that the offender has caused harm or is likely to cause harm or distress to others. These orders can be placed on children as young as 10 years old and are not criminal offences. Anti Social Behaviour Orders are given by the court and can come with certain restrictions for the offender. An Anti Social Behaviour Order will last for a minimum of two years.

Types of Anti Social Behaviour

The remit of what is actually classed as anti social is wide ranging but will usually include:

  • Vandalism and the dropping of litter
  • Dealing drugs and drug use
  • Drinking alcohol in the street
  • Verbal abuse including hoax telephone calls
  • Offensive text messages and phone calls
  • Rowdy behaviour; for example playing loud music constantly

Restrictions Included in Anti Social Behaviour Orders

Restrictions applied to the offender can be included in the ASBO. These are designed to ensure that the offender is not able to use the same type of anti social behaviour. These restrictions can include that the offender is restricted from entering a certain geographical location. The orders can also ban offenders from certain activities such as playing loud music during certain hours.

ASBOs Can Become Criminal Offences

Although ASBOs are not criminal sanctions they can become so. If the offender breaks the terms of the ASBO then they can be seen to be in breach of the order. Breaking the terms of the Anti Social Behaviour Order is classed as a criminal offence. Breaking the terms of an ASBO can mean the offender can receive up to a five years prison sentence. In effect this does mean that offenders are being sent to prison for acts that were not initially illegal.

ASBOS are the Final Warning

Between the introduction of the ASBO in 1999 and December 2007 there was a total 14,972 Anti Social Behaviour Orders placed on offenders. An Anti Social Behaviour Order is usually given as the final resort. Before an ASBO is placed other methods will usually be tried to bring about a solution depending on the offence. These solutions can include mediation, warning letters and Acceptable Behaviour Contracts (ABC). An ABC is a written agreement between offenders and local authorities that the anti social behaviour will not be repeated.

Controversy Over Anti Social Behaviour Orders

The civil liberties group Liberty is concerned over the way Anti Social Behaviour Orders are being used. Children as young as 10 years old are being served with ASBOs. Liberty claim that these children are vulnerable and should be given help and support, not ASBOs. Naming and shaming anti social behaviour offenders by the courts will also have a detrimental effect on rehabilitating offenders. The fact that offenders can go to prison for a non illegal offence if the terms of the ASBO are broken is cause for concern.

Anti Social Behaviour Case That Wasn’t

A recent case of anti social behaviour was reported where a woman was threatened with eviction from her home. The grounds for the ASBO were nuisance due to loud noises. The anti social behaviour actually turned out to be a man who using violence against his partner including beating her on numerous occasions. This is a case of a criminal offence being treated as anti social behaviour simply because those who reported the matter did not know the true facts.

Appealing Against an Anti Social Behaviour Order

One of the biggest threats to civil rights concerning ASBOs is that innocent and vulnerable people are being rounded up with the guilty. Appeals to the court can be made by those accused against the ASBOs. Although the courts basically have the right to decide what is and isn’t anti social behaviour it does not mean that the order will be granted. Appeal reasons can include that the offender’s circumstances have changed since the offence took place. It may also be that the rate of the offence has dropped significantly since the offence was initially reported.

Anti Social Behaviour Orders are designed to protect the public from harassment and distress. Two years is the minimum that ASBOs can last for but they can be applied for life. Offenders should be aware that they can appeal against these orders if they think they are unjust.

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How do I go about this asbo,does some one contact me?
Me - 16-Jul-18 @ 2:18 PM
Hi I am in a predicament where I was given a warning letter I explained to my local council I had a son with severe mental health issues he is 11 . I offered mediation via letter or face to face with a mediator and it was turned down by the neighbours . They have gone out shouted sworn and threatened my children her husband called my daughter a f###ing cretin and his wife kicked my daughter's pushchair with her in it . They keep reporting me for anti social behaviour because my son has melt downs sometimes this was before he was medicated and we where having regular meltdowns . She has gone out and abused other people's children that have special needs one man 23 with severe learning difficulties.She walked past me the other day and told me my spastic son should have been drowned at birth . We got a warning letter from the council and at first the housing officer seemed to be really understanding now we get a warning letter through the door I am terrified that we will get an asbo and that my son having serious mental health issues is going to be criminalized they frequently make threats constantly to us I am getting legal advice in order to get an injunction out on them to stop them harassing me . Any advice would be greatly appreciated
Kat - 17-Jun-18 @ 6:51 PM
My son has anABC order fir 6 months Will this affect me doing a mutual house exchange
Mum to 6 - 15-Apr-18 @ 11:14 AM
Baba - Your Question:
I look after someone who has mental health & he has had false allegations made against him by other tenants & a private home owner in the building where he lives, he has to see the housing officer next week - he's worried he will get an ASBO or a warning ( he's done nothing wrong - what are his rights & what can he do as the housing officer doesn't take his complaints of harassment or any problems in the area as the truth ) can we seek legal advise to have her investigated as this guy is bullied all the time

Our Response:
Please go with him to support or find an appropriate person who can. If you feel the housing officer should be reported, there will be a documented procedure for you to follow, just ask someone there.
CivilRightsMovement - 12-Feb-18 @ 11:50 AM
I look after someone who has mental health & he has had false allegations made against him by other tenants & a private home owner in the building where he lives, he has to see the housing officer next week - he's worried he will get an ASBO or a warning ( he's done nothing wrong - what are his rights & what can he do as the housing officer doesn't take his complaints of harassment or any problems in the area as the truth ) can we seek legal advise to have her investigated as this guy is bullied all the time
Baba - 9-Feb-18 @ 7:05 PM
My daughter got asbo 10yrs ago.can the housing use this to stop her getting a house ? Please Help thank you
Biggys - 31-Jan-18 @ 8:58 PM
I was issued a anti-social behavior order by a police officer but, i've heard they can only be issued by the council is that correct? this police officer is harassing a few people I know and the ASBO may be fake. I'd like to know if or not a officer can issue a asbo.
FredMont - 22-Nov-17 @ 2:07 PM
My dog had escaped from my garden as a bit of fencing had blown over in the wind. He is a very good natured dog & never caused any harm, although he narrowly avoided being run over. Some neighbours had locked him in their garden & contacted the police & my sister went to collect the dog as I was on a training day. I was absolutely stunned to receive an ASBO in the post today. Is this justified?
Barbie - 26-Oct-17 @ 11:31 PM
My son has been imprisoned recently aged 20, I have 2 other sons 23 and 6. The council have called me in for a meeting regarding anti-social behaviour. They have liased with the police and are fully aware of his position. Due to his actions, I have received a 12 month possession order which may or may not continue at my councils discretion. I have lived within social housing for over 20 years without a problem. Can you offer me any advice??
Baby - 13-Oct-17 @ 10:17 PM
Hi, 8 months I was called in to see my housing officer and an anti social officer from my housing association where I am one of their tenants.This was about something I said to a neighbour which was in my mind really mild but inappropiate. Unfortunately, the commentwas due tomy state of mind at the time.As a result, i was given a verbal cautionary warning followed by a letter from the asbo officer confirmiing this with a reminder of what my tenancy agreement is.Now I am in the process of agreeing to a mutual exchange with another housing association tenant of a different Hhousing association landlord.Please, does anyone know if the new housing association can stop the mutual exchange going through due to my misdeed 8 months ago?I have never been in trouble with any landlord or other agencies beforeand I hope and pray it will be the one and only time in my life where I was called in to see my housing officer and asbo officer.I am also well in credit on my rent account so hopefully that may help in favour. Any light you can give me in this matter will be gratefully received.Thank you.
Jo - 7-Jul-17 @ 9:57 PM
Had an issue yesterday with a driver blocking me in. It ended in a shouting match. The police issued me with an ASBO today(not the other party). I believe it was because I questioned their decisions about parking (they told me that parking three abreast was working in that area and I told him it wasn't as I got blocked in). He also told me thst i shouldnt shout and scream because im a school teacher. I dont think my profession should be relevant. If i were a barmaid can i shout and scream? Can and should I appeal it?
That Girl - 21-Jun-17 @ 4:11 PM
Question I have been givin an police and community protection warning so I cannot speak to a family working with children in need.they haven't lodged a complaint but springboard part of the police who they work with have issued me with this.ive tried to ask them why but they just don't give me a straight answer and that's coming from the inspector.. Any suggestions thanks you
Wolf - 22-May-17 @ 3:48 PM
carni. - Your Question:
Can I please ask a question? Both my youngest were physically attacked last year and threatened by other private tenants I reported this to police but nothing came of it can I apply to get asbo,s against these poeple as summers approaching and I'm worryed that others are up to their old tricks again?

Our Response:
You should seek professional legal advice about this. It's unlikely that action will be taken for an incident that happened last year though.
CivilRightsMovement - 7-Apr-17 @ 12:16 PM
Can I please ask a question? Both my youngest were physically attacked last year and threatened by other private tenants I reported this to police but nothing came of it can I apply to get asbo,s against these poeple as summers approaching and I'm worryed that others are up to their old tricks again?
carni. - 1-Apr-17 @ 8:50 AM
i have been served with a written warning of an offence of having visitors at my property? i work full time and am a single parent so this certainly was not the case but two neighbours have a vendeta against me and they said as another neighbour 2 out of the 6 neighbours co-obertaed the story then i could not appeal is this correct?
cd79 - 28-Mar-17 @ 7:14 PM
Bigyin - Your Question:
Hi myself and my partner have been called to a local council meeting regarding anti social behaviour from playing loud music. The only times we play any music is during the afternoon when kids are at school and we are cleaning which can be a bit loud but we don't think it overly loud. This is generally only and hour or so at a time and only couple days per week at most. Where do we stand in relation to this as we don't want an asbo which could affect out tennency.

Our Response:
If you explain that this is the only time you play your music and suggest that you are happy to turn down the volume to appease your neighbours then this should be sufficient to avoid further action.
CivilRightsMovement - 23-Mar-17 @ 12:51 PM
Hi myself and my partner have been called to a local council meeting regarding anti social behaviour from playing loud music. The only times we play any music is during the afternoon when kids are at school and we are cleaning which can be a bit loud but we don't think it overly loud. This is generally only and hour or so at a time and only couple days per week at most. Where do we stand in relation to this as we don't want an asbo which could affect out tennency.
Bigyin - 22-Mar-17 @ 2:50 PM
Grove - Your Question:
I need to find out if a property has had an anti social problem, the long and short is that I am doing an extension and a nasty neighbour is objecting and said there has been a anti social issue at the property which I am sure there has not been, they are being nasty to make sure my planning does not go through, I called the council, anti social to verify this but they would not even say yes or no, all I want is to verify this so I can submit it with my planning application? I am not asking for names or dates, just a yes or no, how wrong is it the council can't just give me that?

Our Response:
Antisocial behaviour orders are issued against people not properties. If the property you are planning has had neighbour issues it should have been declared on the seller's information sheet carried out by your solicitor.
CivilRightsMovement - 17-Mar-17 @ 10:59 AM
I need to find out if a property has had an anti social problem, the long and short is that I am doing an extension and a nasty neighbour is objecting and said there has been a anti social issue at the property which I am sure there has not been, they are being nasty to make sure my planning does not go through, I called the council, anti social to verify this but they would not even say yes or no, all I want is to verify this so I can submit it with my planning application? I am not asking for names or dates, just a yes or no, how wrong is it the council can't just give me that?
Grove - 15-Mar-17 @ 1:40 PM
Can I please ask a question.If a tenant is given an asbo. (With charge on assault). But had been found not guilty by court. Shouldn't the housing association therefore lift this asbo!Shouldn't this be taken off and to clear tenants name. Thank you.
Maza - 17-Feb-17 @ 7:59 PM
drummer boy - Your Question:
Help i've been issued with a antisocial behavior order Noise Nuisance for my 9 year old son playing drums he plays for two 45 minutes a week!!! how is is antisocial he plays between the hours of 4pm and 6pm.My neighbour has health issues ie he is if you ask me mentally unstable, I'm appealing but any help or advise would be greatly appreciated.

Our Response:
Was this investigated before the order was issued? It does seem a little excessive, if the practising is genuinely only twice a week for 45 minutes.
CivilRightsMovement - 7-Feb-17 @ 12:50 PM
Help i've been issued with a antisocial behavior order Noise Nuisance for my 9 year old son playing drums he plays for two 45 minutes a week!!! how is is antisocial he plays between the hours of 4pm and 6pm. My neighbour has health issues ie he is if you ask me mentally unstable, i'm appealing but any help or advise would be greatly appreciated.
drummer boy - 6-Feb-17 @ 2:54 PM
I recieved an asbo by north ayrshire council without any meetings or them taking the steps of warnings . The complaints made by my neighbours the campbells were not corroborated by anyone independant and the complaints we made were ignored by the asbo team investigator burt garrick because our neighbours daughter is a council employee . We fitted cctv outside and inside our home to protect ourselves against false allegations being made to police constantly but no matter what evidence the cctv cameras caught our neighbours conduct was ignored . I was pushed by burt garrick asbo team when leaving a meeting where burt lost his temper and because I reported it to police the council employees started harrassing us using any procedures they could to cause us disruption . The housing officer started messing around with the rent rebate to make false debt to take us to court to evict us , I accused her by email of fraud by deception and I have a copy of her contacting the asbo team manager pat kelly stating "can you please contact me asap as I am concerned I am next to go to court " . 2 employees I phoned made up false allegations to get myself and my partner charged and the initiated my asbo based on this yet the charges have been dropped and I have an asbo banning me from contacting the council by phone . I have a copy of an email where pat kelly tells another employee that the council cannot investigate employees reported to the fiscal as it is subjudice to court yet these same employees are investigating members of the public who have been reported to the fiscal . How can I defend myself against allegations in civil court which is public when I would be discussing my evidence that is to be heard in criminal court . Is this not discrimination as if I was a council employee I would have the human right of being innocent until proven guilty in a court of law .
jd - 19-Jan-17 @ 10:31 AM
amberr - Your Question:
Have recently been charged with an asbo for driving a car on our land, the fact is we drive it for fun, it's only around 30minutes a time max and not even every day. we've only had the car a week and untill it blows up or we set it on fire there will be no more noise so I'm not sure whether this order is necesary

Our Response:
Clearly the noise or something else about the activity has been causing a nuisance to others, resulting in the ASBO. If you're unsure of why it's been put in place, contact the police for more information.
CivilRightsMovement - 21-Dec-16 @ 11:50 AM
have recently been charged with an asbo for driving a car on our land, the fact is we drive it for fun,it's only around 30minutes a time max and not even every day. we've only had the car a week and untill it blows up or we set it on fire there will be no more noise so I'm not sure whether this order is necesary
amberr - 20-Dec-16 @ 1:07 PM
Hi about 4 years ago I was living in a block of flats and got friendly with a lady in the next block, she turned out to be a really nasty person her kids picking on mine to cut a long story short I was getting a load of crap from her and her friends, nasty text message the police didn't do anything about it but 1 day I snapped as she said her husband was going to sort me out I went over to there flat and I showed her husband the text he didn't know what was going on she tried to rip me phone out of my hand. Then she run her nails down my face I saw red and punched her in the face, 2 day later I had police on my doorstep given me a 34 year old mum of 2 kids an asbo. I can't see why I was given 1 but not her, and now I can't seem to get a job and I think it's down to the asbo,
Kat - 11-Dec-16 @ 1:31 PM
ICA - Your Question:
Can anyone let me know if the police can still issues a Asbo, I thought they have been withdrawn, I have been involved with getting one on a problem person years ago but feel an asbo could help with a particular problem with my neighbourhood

Our Response:
Yes Anti Social Behaviour Orders can be and are still being issued.
CivilRightsMovement - 2-Nov-16 @ 10:44 AM
Can anyone let me know if the police can still issues a Asbo, I thought they have been withdrawn, I have been involved with getting one on a problem person years ago but feel an asbo could help with a particular problem with my neighbourhood
ICA - 1-Nov-16 @ 2:36 PM
I have a neighbour who used to pour her heart ot to me about her boyfriend not treating her right, kids , his family , her family , all sorts life in general . I used to feel sorry for her until it got too much I have enough problems of my own . I told her she needed help from her father or mother as I don't want to get involved . This is when the nightmare started three years of hell. she reported my daughter for hit and run , me to police for intimidating her and her family , to the council for anything she could think of stupid thing's like looking in her windows , blocking her on her drive , watching her boyfriend ,listening to her conversations , all the above she was doing and reporting me for doing revers cycologythen I had to defend myself I had cctv fitted and proved I was them not me causing trouble . it stopped for a while soon started police knoced my door said my daughter had intimidated her by laughing . knocked again said she had sounded her horn next door fely intimidated ? unbelievable I reported this the council told me she had been told to stop reporting nonsenceshe then had a meeting with the asbo telling him all about her boyfriends abuse and this changed everything . he fell for her stores and as refered to her as an attractive looking lady ??. three years down the line after trying everthing he provoked my son in law into an argument. it ended up with me having a asb warning on my house ? I asked why did I get the asbothe council told me we could see on cctv you didn't react butit was your son in laws fault you had asbo . disgusting i have been issued with asbo on my house
soontjen - 26-Sep-16 @ 3:59 PM
I'v been giving a ASBO I understand why I been giving it because I was drinking a lot and kicking off and it affected everyone in my block I'v kept quiet and not had any trouble but my partner kicked off over the weekend and a neighbour came to help me but now I'm worried it's going to affect my agreement with council.. I'v explained myself to them but I don't know if that will help me.. I honestly didn't do anything even tho I wanted to scream and shout back at him he put a bottle to my head and punched hole in my door.. How can I fix it with council
Helzz - 13-Sep-16 @ 3:32 PM
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