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Anti Social Behaviour Orders, ASBOs: Your Rights

By: Garry Crystal - Updated: 21 Jun 2017 | 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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[Add a Comment]
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
Hello I live with my grandmother I'm 18 and she tends to go away on school holidays and a few times I have had party's and I've only now have I found out we have had 17 complaints in the past 6months but we have never been notified this and if we had we could of done something about it. My nan is getting a antisocial behaviour order I'm am old enough to take responsibility so why is she facing consequences?
Mimi127 - 24-Aug-16 @ 1:14 PM
Me and my family was bullied by the asbo officer they would not listen to us and nor would the police all because was with an ex criminal and 3 of the asbo officers and a police Sargent made life hell for us and no one would believe us when we told them the asbo manger is corrupted and the other 2 we had fire our door I was approached by the ppl who lived down the rd and every think that the ppl did to us they told the council and police that we did it to them and they all made our lives hell and one of the asbo officer blackmailed me basically he said how would I feel if they got a court order out on my partner not to live at my address so I stated to him. Y he said he don't like criminals and I'm not being funny but my partner at the time of that property has been a victim by these asbo manager and his shadows and his never retaliated to any think at all and now the I still new home think wasn't right so cause I didnt agree to the court on my partner at the time they made it on me for aviction and 2 years down the line we are still being bullied bad by one of the asbo officers cause the manager who I said was corrupt was sacked with a police Sargent for missus of data now we know we haven't got any help from police and asbo officers and also the asbo officers brought my rape up in a court caseof our aviction that wasn't nothing to do with the case and they are liying still about this the council have made me home less we was victims of there corruption and now cause of this asbo officer who has also put asbos on my children's dad to not go to there property's and the adults children of ours was very shocked when we told them andthey put in complaints and they did a few and they haven't had not letters back but when we spoke to the council they said that he deals with his own complaints so we put complaints into the department and they said if we write any more complaints they will take action also mychildren was not spoken to by any asbo officer and he has gone above the law and also I have an autistic son his put and down as well and the asbo officer did not speak to him as my son who is 16 was at school and plus the asbo officer has to b Abe trained to talk to children with mental health the council asbo officer the other one said tome on a phone call she's going to make it hard for me to get housed by any other council and my health issues have increased very much with an eating disorder has become worse witch I've had to deal with for 22 years and also an innocent man being bullied by the local council and the asbo officers are distorting his lively hood and his freedom to live a family life his not stopping this asbo officer tothis day his making life hell for him and my self we have been stuck no home for 2 years it's horrible
Don - 10-Jun-16 @ 11:34 PM
Vicky- Your Question:
My 15 year old son held a house party when I was out and I received a warning from the council. Further he took keys and held 3 party's at my sisters and she has now receives antisocial warning my boy has been severely punished now the council are saying they want him on a behaviour order for 6 months and I have to sign if he gets in trouble in the 6months this will affect my tenancy is this allowed do I have to put my son on this? I was told that if he gets stopped with police for anything in 6 months it affects my tenancy. Is this correct I personally feel this one woman in housing department has it in for me personally

Our Response:
Parents can be held legally responsible if: their child continually gets into trouble and they do not take reasonable steps to control their child’s behaviour. A parent can also be fined if their child contravenes the terms of an ASBO. As your son is only 15, he is still in your charge. An antisocial behaviour order sounds like a sensible solution, it's still your responsibility to ensure that your son behaves according to the terms of the ASBO. For this reason, you need to make sure your son fully understands the consequences of his behaviour and the rules of the ASBO and what can happen if the terms of the ASBO are broken. As long as your son is willing to abide by this, it should not have any adverse effect in the long term.
CivilRightsMovement - 20-May-16 @ 10:59 AM
My 15 year old son held a house party when I was out and I received a warning from the council. Further he took keys and held 3 party's at my sisters and she has now receives antisocial warning my boy has been severely punished now the council are saying they want him on a behaviour order for 6 months and I have to sign if he gets in trouble in the 6months this will affect my tenancy is this allowed do I have to put my son on this? I was told that if he gets stopped with police for anything in 6 months it affects my tenancy. Is this correct I personally feel this one woman in housing department has it in for me personally
Vicky - 17-May-16 @ 5:21 PM
Iam going thru same problems my neighbour is basically Carnt handle my kids making any noise at all and is therefore making lies up saying me and my partner are shouting and swearing all the time but we're not she's lying and now the housing are taking us to court for an injunction but I've got 3 kids aged 3,4, and nearly 2 plus Iam pregnant with another boy do ya think court wil grant an injunction on us for these grounds wat evidence does court need?
Westy - 7-Apr-16 @ 2:14 PM
Pls help, I'm due in court fa aligations of breaching abentment order. These aligations come from 1 neighbour who was a friend she has banarded council with utter lies she has mental illness but they have taken her word for it, I'm not blameless but I'm not guilty of 4 breaches after battling big c I'm now fighting the council can I prosecute her for perverting cause of justice?
Bee - 16-Feb-16 @ 4:09 PM
Terry - Your Question:
Our Response:It doesn't seem right from what you've told us but maybe there is more to it than you realise/know. Can you ask for more information? Throwing a snowball is not usually sufficient cause to issue an ASBOCivilRightsMovement - 5-Feb-16 @ 2:19 PMFrom what the police man that came to the door has told me, he had a phone call from some one ( who he refused) to mention who it was, that my son had thrown a snow ball that contained a stone at his dog which hit the dog on the head and caused damage to the dog that it warranted an emergency visit to the vets, while this man was not even at the so called "incident" he still claims this, while a local boy was the one that had told this man what had happen, and according to this boy my son threw one snow ball which contained a stone, that not only hit the boy on the head but managed to hit and damage a car, and then also hit the dog, then the owner of dog was stood outside our front door "drunk" threatening myself and my son with his dog , when I asked the man for proof the dog had needed emergency care, (which if my son had done what he was accused of I would happily pay for the bills) his reply was " you and your son will pay one way or another".now to the car, I have located the owner of the car and asked him about it and looked at the car, there is 0 damage to the car, and this is the first time he had heard of this incident, I have relayed all this back to the police with letters from the witnesses stating that my son did no such thing, but it seems to have been brushed off and the Anti-Social Behaviour Stage 1 still stands and as for the man standing outside our front door while drunk threatening not only me but my son the police simply said "we will talk to him" to me this just feels like they are targeting my son because of his age,

Our Response:
Have you considered making a complaint via the IPCC? If your son has done nothing wrong and you feel this has been poorly handled by the police, it may be worth investigating.
CivilRightsMovement - 8-Feb-16 @ 11:27 AM
Our Response: It doesn't seem right from what you've told us but maybe there is more to it than you realise/know. Can you ask for more information? Throwing a snowball is not usually sufficient cause to issue an ASBO CivilRightsMovement - 5-Feb-16 @ 2:19 PM From what the police man that came to the door has told me, he had a phone call from some one ( who he refused) to mention who it was, that my son had thrown a snow ball that contained a stone at his dog which hit the dog on the head and caused damage to the dog that it warranted an emergency visit to the vets, while this man was not even at the so called "incident" he still claims this, while a local boy was the one that had told this man what had happen, and according to this boy my son threw one snow ball which contained a stone, that not only hit the boy on the head but managed to hit and damage a car, and then also hit the dog, then the owner of dog was stood outside our front door "drunk" threatening myself and my son with his dog , when i asked the man for proof the dog had needed emergency care, (which if my son had done what he was accused of i would happily pay for the bills) his reply was " you and your son will pay one way or another" ..now to the car, i have located the owner of the car and asked him about it and looked at the car, there is 0 damage to the car, and this is the first time he had heard of this incident, i have relayed all this back to the police with letters from the witnesses stating that my son did no such thing, but it seems to have been brushed off and the Anti-Social Behaviour Stage 1 still stands and as for the man standing outside our front door while drunk threatening not only me but my son the police simply said "we will talk to him"to me this just feels like they are targeting my son because of his age,
Terry - 5-Feb-16 @ 3:30 PM
Terry - Your Question:
My Son received an Anti-Social Behaviour Stage 1, because another boy accused him of throwing a snow ball at him, while there were several witnesses saying that my son did no such thing, even when they told the police this, he was still issued with it, how is this possible when there was no evidence to say that my son had done this, they are just going by what one boy said against 5 other people, who have told the police that my son did not do it. surely this can not be right

Our Response:
It doesn't seem right from what you've told us but maybe there is more to it than you realise/know. Can you ask for more information? Throwing a snowball is not usually sufficient cause to issue an ASBO
CivilRightsMovement - 5-Feb-16 @ 2:19 PM
My Son received an Anti-Social Behaviour Stage 1, because another boy accused him of throwing a snow ball at him, while there were several witnesses saying that my son did no such thing, even when they told the police this, he was still issued with it, how is this possible when there was no evidence to say that my son had done this, they are just going by what one boy said against 5 other people, who have told the police that my son did not do it.surely this can not be right
Terry - 4-Feb-16 @ 4:52 PM
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