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Anti Social Behaviour Orders, ASBOs: Your Rights

By: Garry Crystal - Updated: 20 Feb 2024 | 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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I was issued a asbo order for playing music outside in town centre but yet other people can play their music with no problems
Jade - 20-Feb-24 @ 7:05 PM
After only two occasions in 8 months my local housing group saw fit to make me sign a behavioural agreement I feel as though I was railroaded into this as most of this music was during the day have I been treated unfairly
Dementored - 1-Jan-24 @ 8:55 PM
In a nutshell I have been issued a CPN under the anti-social behaviour crime and policing Act 2014. This is due to me illegally parking on my drive directly outside my property which has been there in the 19 yrs I’ve been residing there and never been an issue since signing tenancy agreement with local authority who own the property. When I received the warning i immediately responded saying and confirming that I had asked when I first moved in if I was ok to park on the hard standing area which forms part of my tenancy agreement and was definitely told yes. I was very adamant about this only to be told there records do not go back that far so their warning still stands, the Cpn issued states I’m having a detrimental impact on the quality of life of those living in the locality and is unreasonable, I’ve always had a healthy and good relationship with all my neighbours and who seem very upset the council are using them to issue a Cpn when they have never made any complaint! And are willing to sign a statement saying such, how can the council get away with doing this? Surly this is a planning problem? I believe they are abusing and have lied to obtain this CPN, I do intend to appeal but they say I have to move my vehicle immediately? Or do I have the 21 days in which to appeal?
Mags - 4-Apr-23 @ 1:37 AM
In a nutshell I have been issued a CPN under the anti-social behaviour crime and policing Act 2014. This is due to me illegally parking on my drive directly outside my property which has been there in the 19 yrs I’ve been residing there and never been an issue since signing tenancy agreement with local authority who own the property. When I received the warning i immediately responded saying and confirming that I had asked when I first moved in if I was ok to park on the hard standing area which forms part of my tenancy agreement and was definitely told yes. I was very adamant about this only to be told there records do not go back that far so their warning still stands, the Cpn issued states I’m having a detrimental impact on the quality of life of those living in the locality and is unreasonable, I’ve always had a healthy and good relationship with all my neighbours and who seem very upset the council are using them to issue a Cpn when they have never made any complaint! And are willing to sign a statement saying such, how can the council get away with doing this? Surly this is a planning problem? I believe they are abusing and have lied to obtain this CPN, I do intend to appeal but they say I have to move my vehicle immediately? Or do I have the 21 days in which to appeal?
Mags - 4-Apr-23 @ 1:26 AM
I received an asbo warning letter which they said will last a year. It was posted through my letterbox. I feel that it was me that was initially subjected to abuse/harassment/antisocial behaviour over a long period. The police didn't want to hear my side of the story.
Richard - 10-Aug-22 @ 4:18 PM
I have had a first warning letter cause I was cautioned by the police for growing a few Cannabis plants it never went to court, I applied to move to a new smaller property and was declined due to an antisocial behaviour complaint with my current housing association. I didn’t know the police had informed them and before I had received a first complaint letter I had been declined by the new housing association and was unable to move to a brand new open plan one bedroom ground floor flat that would have been benefiting for my health and pocket due to a complaint I hadn’t received. Does anyone know how long this stays on my rent account as this is going to the case every time I apply to move until it’s gone and I need to down size for bedroom tax
carolyn041 - 23-Jul-20 @ 3:39 PM
Please advise me. Is there a Magistrates form available to appeal against an ASB and one to appeal against a CPN. 3 (2 asb's and 1 CPN) of these have been issued by a vindictive neighbour to members of my family and I am trying to help them.
AJ - 10-May-20 @ 2:48 AM
I have got the council and a pcso comin to visit regarding my grandson who is 14 for anti social behaviour issues saying that he has been smoking cannabis and has been carrying knives in the public surely they have to have support evidence and can not come out on hearsay like a stop search by police
Shelly - 14-Oct-19 @ 8:11 PM
Hi I've got the local council and pcso comin to visit regarding my grandson who is 14 for anti social behaviour issues, ie smoking cannabis in a public place, carrying knives surely they would have to have evidence from the police ie a stop search to back this hearsay up
Shelly - 14-Oct-19 @ 8:06 PM
I have received a order for three years by the court it's called a undertaking it's totally based on lies people gave told totry get me out there's to particular neighbor s who written loads of statement s against me and lied I never have eney witnesses to what goes on and they have and lied but was told by solicitor to accept this deal cause I didn't want to go to trial it's made meI'll with anxiety and depression want to move but they won't give reference
Mrsp - 3-Jun-19 @ 8:51 AM
I have bipolar and borderline personality disorder and have been issued an acceptable agreement order.I have tried for counselling but my psychiatrist has said I have to pay privately.Im besides myself and feel bullied by my neighbours.Wat can I do?
Clare28 - 4-Apr-19 @ 9:01 PM
Hi, My neighbour is verbally abusing and intimidating me by shouting the c word most mornings after I leave for work in the morning is been recorded on my phone.Reported to the police and housing association but after they offered mediation service the neighbour rejected it. and they simple closed the cases. it is an ongoing issue now in the last two years. started with loud music, parties, harassment, threatening. Scared to go home or to leave my home. I dont believe that nothing can be done. Can an ASBO or anything issued please?
Siofoki - 15-Jan-19 @ 10:59 AM
Hi couple of years ago I was given an asbo by going on the railway line .and not sure how long it stays on my record .since then I have lost my copy of agreement of to stay off train lines .and also my coordinator from Lowestoft he has a copy to so does Lowestoft Suffolk police and since then my coordinator he has made me scared of going or talking to the Lowestoft Suffolk police only because I suicide intention that day but I not sure how long the asbo stays on my records for .
eddy - 16-Oct-18 @ 2:06 PM
Hi I was put ASBO Couple years back because I regrettably had suicial thoughts back and went to a train track .I not sure how long it last for I have mental health and I have a coordinator he tells me I'm still on it but he throws it at me so I am scared of the police which now I am absolutely scared of the police full stop and I live in Lowestoft Suffolk .
eddy - 2-Oct-18 @ 1:35 PM
Coco12 - Your Question:
Hi, I have received a written warning for antisocial behaviour for leaving rubbish bins on the floor next to bins but there's a lot of people who's bins are in the same area. Mine aren't even kept there anymore. so seems like someone has just presumed it's me or just decided to blame me. Surely there must have to be proof before sending out warnings?

Our Response:
Write back to the council and raise an objection to this. Ask for details of their policy - usually a council will investigate before sending out a warning letter.
CivilRightsMovement - 10-Aug-18 @ 2:31 PM
Hi, I have received a written warning for antisocial behaviour for leaving rubbish bins on the floor next to bins but there's a lot of people who's bins are in the same area.. Mine aren't even kept there anymore... so seems like someone has just presumed it's me or just decided to blame me. Surely there must have to be proof before sending out warnings?
Coco12 - 9-Aug-18 @ 7:38 PM
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
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