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Applying for an Anti-Social Behaviour Order

By: Jeff Durham - Updated: 7 Sep 2017 | comments*Discuss
 
Asbo Anti-social Behaviour Parenting

Anti-social behaviour orders or ‘ASBOs’, as they have become more commonly known, were introduced in 1999 as a measure which the courts could take in an effort to stop a person(s) continuing with behaviour which would be likely to cause further distress or alarm to other members of a local community. These orders are aimed at those whose behaviour persists in being disruptive and/or threatening to the rest of the community as a whole. Many people Deal With Anti-Social Behaviour on a regular basis and it is important to know what action can be taken.

Can I Apply for an Anti-Social Behaviour Order Myself?

As an individual, you cannot apply for an ASBO to be imposed upon another individual or group of people who are causing problems to you or your local community as a whole. Only the courts can issue ASBOs.

However, if you believe your Neighbours Are Acting In An Anti-Social Manner, you can approach your local authority and/or your landlord or housing association and report any problems to them, They are the relevant organisations who will investigate matters and, if they think it is necessary, they will get the police involved. Following consultation with the police, they can then apply to the courts to issue an ASBO, although in many cases, they will seek to find an alternative resolution first of all in trying to resolve the anti-social behaviour without resorting to serving an ASBO.

All local authorities will have some kind of anti-social behaviour team in place who will work in conjunction with the police on what are often termed ‘anti-social behaviour strategies’. These teams look at other ways of tackling the problems associated with anti-social behaviour and try to come up with other solutions to the problem before going down the road of applying to serve an ASBO on somebody.

Anti-social behaviour contracts and parenting orders (for younger offenders) are just two of the alternatives that might be used before issuing somebody with an ASBO, and these are discussed in more detail within another article contained on this website.

Do They Only Apply To Youths?

An ASBO will usually follow if all other means of trying to rectify the behaviour of the person(s) involved has failed. They can actually be issued to anybody, regardless of age (as long as you are 10 and above), regardless of where you live, and no matter whether or not you’re living in private or rented accommodation.

In fact, you do not even have to be living within the community itself. You may reside in another area entirely or have no fixed address, but if you are causing a problem to residents in another locality, you could still have an ASBO served upon you. It should also be pointed out, however, that people who are served with an ASBO also have the right to appeal against the decision.

What if the Local Authority Refuses to Take Action?

A council, local authority, registered landlord or private housing association has a mandatory obligation to investigate any complaint you may make with regards to issues of anti-social behaviour. However, following their investigations, they might decide that an ASBO is not the most appropriate solution for the problem you are experiencing. If that is the case, they should write to you explaining the reasons for their decision.

If you wish to take matters further, you can contact the local authority’s anti-social behaviour team and, if appropriate, you might decide to go through your local authority’s formal complaints procedure. You could even contact the independent local government ombudsman, as a last resort, who will investigate the way your complaint has been handled and will either decide to come down on your side and ask for the decision to be reviewed or, equally, they can decide to agree with the local authority’s original decision.

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Jenny- Your Question:
I would like to know what I can do about my neighbours theres always antisocial behaviour going on. police are always coming out to same address. ive told landlord and he just dosnt listen and nothing gets done frustrating

Our Response:
Have you reported it to the police or local authority yourself? They have powers to deal with antisocial behaviour if it's reported.
ProblemNeighbours - 14-Aug-17 @ 2:38 PM
i would like to know what i can do about my neighbours theres always antisocial behaviour going on . police are always coming out to same address . ive told landlord and he just dosnt listen and nothing gets done frustrating
Jenny - 12-Aug-17 @ 12:41 PM
its all very well you telling us what we can do, the problem is that no one listens ie: environmental dept, housing officers, etc; they all pass it on to the next dept and it just goes round in circles, even the police say its up to the council to deal with. Ive now become a prisoner in my own home and the intimidation and harassment continues!!!
Tyjen - 13-Jul-17 @ 8:08 AM
Scared- Your Question:
My neighbour had her hustband move back in after 3 years of being apart I have lived at my home now for 4 years and never had a problem since her hustband has moved back I have had threats to myself property and children they have put camras up that are pointed at my house I ring the police but nothing gets done then to top it off have have had to ring 999 twice in the last month and have him arrested but both times he's been let out and aloud to return to his wife's address I fill as if I'm trapped and always waiting for them to get drunk and start they are privet tenets but I am council do yo have any advice

Our Response:
You haven't said what they have done apart from erecting CCTV?
ProblemNeighbours - 20-Jun-17 @ 2:36 PM
My neighbour had her hustband move back in after 3 years of being apart I have lived at my home now for 4 years and never had a problem since her hustband has moved back I have had threats to myself property and children they have put camras up that are pointed at my house I ring the police but nothing gets done then to top it off have have had to ring 999 twice in the last month and have him arrested but both times he's been let out and aloud to return to his wife's address I fill as if I'm trapped and always waiting for them to get drunk and start they are privet tenets but I am council do yo have any advice
Scared - 19-Jun-17 @ 3:19 AM
NHHWS17 - Your Question:
I have contacted the police regarding the neighbours, due to constant banging in the flat since 6pm Saturday evening and continued through to 1:00am and was told they will pass it into an officer, but no one turned up! !called again as it was 1:45,was told to phone out of hours council, they Regis to send someone out, and to keep a diary, and report it Monday to the council, no use what so ever any of them! It is now 03:13am and the banging of doors is still on going!!!The culprits are teens and are underage drinking and smoking cannibisx yet no one is bothered. Waste of space!! You want something doing you do it yourself!! I have wrote everything down, but nothing will happen!!

Our Response:
You must go back to environmental health with your notes of what has happened and when. They will look into it further if necessary, install a noise monitor.
ProblemNeighbours - 17-May-17 @ 9:36 AM
I have contacted the police regarding the neighbours,due to constant banging in theflat since 6pm Saturday evening and continued through to 1:00am and was told they will pass it into an officer,but no one turned up! !called again as it was 1:45,was told to phone out of hours council, they Regis to send someone out, and to keep a diary, and report it Monday to the council, no use what so ever any of them! It is now 03:13am and the banging of doors is still on going!!!The culprits are teens and are underage drinking and smoking cannibisx yet no one is bothered. Waste of space!! You want something doing you do it yourself!! I have wrote everything down, but nothing will happen!!
NHHWS17 - 14-May-17 @ 3:14 AM
ShiftworkingCouple - Your Question:
We own our house and have a private carpark at the front of a row of 4 houses. Our neighbour recently parks his car as close as possible to our front doors, invites a rowdy loud friend over, and starts fixing his car. His friends voice can be hear shouting over our tv and the car doors are continuously banged as well as the engine revving on and off. This has all of a sudden started happening at 9pm, with no thought for how loud hes being in front of our house. Is there anything we can do?

Our Response:
Firstly try having a polite word with him; he may not realise the impact he's having on you. Secondly if there are defined car parks spaces and he's not parking in them, do you have a management company or someone who oversees the car parking maintenance, to whom you could report him? If the rowdiness/noise is excessive and continues after 11pm on a regular basis, try your environmental health department.
ProblemNeighbours - 11-May-17 @ 11:22 AM
We own our house and have a private carpark at the front of a row of 4 houses. Our neighbour recently parks his car as close as possible to our front doors, invites a rowdy loud friend over, and starts fixing his car. His friends voice can be hear shouting over our tv and the car doors are continuously banged as well as the engine revving on and off. This has all of a sudden started happening at 9pm, with no thought for how loud hes being in front of our house. Is there anything we can do?
ShiftworkingCouple - 8-May-17 @ 9:24 PM
Anti behaviours is a black boy.door number.33 chadwin road parents are not bothered.he's always coming on my door step with his friend trying to cause problems with my property members.also my neighbour .going to ours cars. Banging with football.trying and acting like a proper racist problems is they're underage .
Asian - 29-Apr-17 @ 11:54 AM
HollieRebekah - Your Question:
Hi there! Me and my husband own our own flat on the ground floor. Ever since we moved in we have had so many problems with teenagers living above us. We found out that the young girl owns the property as her parents bought it for her. Every single weekend they literally bring 40+ people round for a party and they all spill out into the halls and communal gardens and trash the place. They smoke cannabis outside my front door, shout and swear, blast loud music, start fights and give all the neighbours verbal abuse when they try to intervene. I have had the antisocial behaviour team round 30 times with no resolution as they don't believe it is loud enough even though it's incredibly disruptive and we have also had the police out on several occasions too. The other neighbours have been to their door so many times discussing that they have children who are being disrupted by the noise and behaviour. I'm a nurse and work antisocial hours and weekends and I've had to phone in sick so many times because I've had no sleep due to the noise which would put the patients in danger if I did attempt to administrate drugs or carry out clinical skills such as venepuncture. I'm at a loss here as the authorities are not taking this seriously. What should I do?

Our Response:
If the police and the local authorities have already investigated then it will be difficult to take action under any of the usual legislation. As you say, many other residents have been to their door complaining, it might be worth seeing if you can collaborate with them to take action. See if you can discuss it, talk to you MP and local councillors, ask the police for advice via your local PCSO, consider talking to a solicitor about taking private court action etc.
ProblemNeighbours - 19-Apr-17 @ 2:08 PM
Hi there! Me and my husband own our own flat on the ground floor. Ever since we moved in we have had so many problems with teenagers living above us. We found out that the young girl owns the property as her parents bought it for her. Every single weekend they literally bring 40+ people round for a party and they all spill out into the halls and communal gardens and trash the place. They smoke cannabis outside my front door, shout and swear, blast loud music, start fights and give all the neighbours verbal abuse when they try to intervene. I have had the antisocial behaviour team round 30 times with no resolution as they don't believe it is loud enough even though it's incredibly disruptive and we have also had the police out on several occasions too. The other neighbours have been to their door so many times discussing that they have children who are being disrupted by the noise and behaviour. I'm a nurse and work antisocial hours and weekends and I've had to phone in sick so many times because I've had no sleep due to the noise which would put the patients in danger if I did attempt to administrate drugs or carry out clinical skills such as venepuncture. I'm at a loss here as the authorities are not taking this seriously. What should I do?
HollieRebekah - 17-Apr-17 @ 10:40 AM
adamski20012 - Your Question:
I have a elderly women how lives beside me and every mornign when she wakes up she starts shouting at the top of her voice through the wall at me I dont know what for or why and then later during the day she has her tv on and she starts shouting again its become so regular that I dont know what to do. should I call the police on her or should I tell a family member of hers before they go in to see her about they way she is behaving during the mornings and night cause its really widing me up im at my wits end. if anyone can help please let me know

Our Response:
Telling a family member seems like a sensible idea at this stage. If she's on her own it sounds like perhaps she is experiencing the early states of dementia or mental illness.
ProblemNeighbours - 19-Oct-16 @ 12:27 PM
i have a elderly women how lives beside me and every mornign when she wakes up she starts shouting at the top of her voice through the wall at me i dont know what for or why and then later during the day she has her tv on and she starts shouting again its become so regular that i dont know what to do. should i call the police on her or should i tell a family member of hers before they go in to see her about they way she is behaving during the mornings and night cause its really widing me up im at my wits end. if anyone can help please let me know
adamski20012 - 18-Oct-16 @ 6:35 AM
I live in Walsall, West midlands and my neighbors are determined to do nasty things to me and my family. They play music very loud most mornings before 9:00 am. They scream at the top of their lungs most early mornings and late at night. I politely tell them to stop but they continue. They sit outside drinking, shouting and smoking most nights. It's awful because there are other families that sit outside with them on the street drinking who also live on our street. They are very rude as when we get out of the car to go into the house. They completely stop all conversation and stare at us. It's very unnerving. They sometimes park on our drive when we are away, they don't even ask! I have evidence to show how loud they are and I have many other people who live on the street who feel the same. The people that live directly aside us, are the worst for all of this. They only moved in a few months ago but are for sure. The worst for this behavior. I have asked politely many times, but they sure are not polite back. At all, they tell me to shut up. Or use vulgar language, I feel as though it is getting worse as the months go on. I also have evidence to show this.
Charl - 22-Aug-16 @ 1:40 PM
Issues with next door neighbours smoking cannabis they own there property is there any thing I can do to stop them smoking it contacted police on numerous occasions and they have done nothing about it.
d121 - 12-Jun-16 @ 8:37 PM
the ASB IS actually THE OFFICERS atCROYDON COUNCIL, THEY ARE Liars and do false reports andtake sides. My opinion is they have "people" to follow. harass and follow people and haveBUSH COURT....
BLUE - 6-Jun-16 @ 6:02 PM
I totally understand what everyone is going through. I live in Moseley and am trying to move but I am finding it very hard.I live door to someone who is mentally unstable. She's literally off her head. Any sound (Normal house sound) Like entering your front door, using your bathroom and or kitchen sets her off. Also if anyone else below her or on the other side do the same it does the same, but she always comes to my wall and smashes it in.I told her off, she let me in her home...it was a pig-stye. She had books everywhere, her kitchen was a mess.She pointed at the wall, complaining about the crack? Or something...which she had done herself by smashing the wall in....what an idiot.Trust me if you live next door to someone with mental health problems your best bet is to leave. Because of her the person who lives below me starting joining in, so it wasn't one person but TWO!Luckily he is now in jail, but i'm sure he'll be back.Our walls are too thin...that's the problem. I just want to get on out of there. Hopefully my next neighbours won't be crazy.Youth/Old People/Mentally Ill.Things can happen, but sometimes i think to myself...WHY SHOULD I MOVE! I'VE DONE NOTHING WRONG!
A.G - 23-Apr-16 @ 2:37 PM
I'm disabled living with my children with my OAP parents and our neighbours have turned into neighbours from hell!! They play loud music, hammer on walls & front door at all hours and recently started verbally abusing us and threatening to smash windows. We have a security camera but because they constantly tell us they will use it as evidence of harassment towards them, we can't use it. They stalk my daughter on Facebook and are also beginning to throw stuff at our property. I really think they are being disability prejudice or ageist. What can we do?
xxx - 21-Apr-16 @ 5:20 PM
I have recently just moved into a semi-detached house. Upon moving in a lady pulled up on my drift asking if I was aware of who my neighbours were. I was literally carrying in household goods. She gestured a bottle to her mouth and needle to her arm saying "they need to sort their lives out" long story short ,since the first night of moving In I have had none stop sleep as they decide to dispute and shout anytime from 2-5 am . I need to be up at 4:30 am from work ,I'm exhausted. Because of it I am terrified of being home on my own and my partners kids are too nervous to come round anymore as they don't sleep throughout the night and the screaming followed by banging as the walls are paper thin frightens them. Is there anything I can do or who do I contact as I cannot see myself wanting to stay here and I'm tied in for a 12 month contact now . Any advise ?
charlie - 19-Mar-16 @ 10:04 PM
Gaz - Your Question:
I just moved into a new flat as I was moving in with my aunt helping me the downstairs neighbour came out looking a funny colour and didn't seem right and started to tell me people in my new flat which was empty for a month had been pouring stuff done the inside of his wall in his bedroom and kitchen, also he came out with a story that the previous neighbours had drilled holes in the floor to spy on him and lifted up floor boards. He then told me he was on 6 months probation and is up for assault, last night he came up at 3pm, I had just come in from my work being as quiet as possible and he came up to my door mentioned that the noises where happening again I explained that I was just in but I had heard nothing falling down the walls he then took a step over my flat entrance and made a threatening lunge forward while saying your all playing f***ing mind games and stormed off. Instantly I called the police who were really busy at that time so there coming out in the next hour, I think my neighbour has serious mental illness and has annoyed and threatened the old tenants so much they had to move out. Can an associate be given to him or should I get the police to get in touch with the mental health services to deal with him.

Our Response:
It certain does sound as though he is suffering from a mental illness. Does he have any family or friends you could talk to? They may also have noticed changes in his behaviour etc. If not, then social services will be able to advise you on the best course of action.
ProblemNeighbours - 7-Dec-15 @ 12:29 PM
I just moved into a new flat as I was moving in with my aunt helping me the downstairs neighbour came out looking a funny colour and didn't seem right and started to tell me people in my new flat which was empty for a month had been pouring stuff done the inside of his wall in his bedroom and kitchen, also he came out with a story that the previous neighbours had drilled holes in the floor to spy on him and lifted up floor boards. He then told me he was on 6 months probation and is up for assault, last night he came up at 3pm,I had just come in from my work being as quiet as possible and he came up to my door mentioned that the noises where happening again I explained that I was just in but I had heard nothing falling down the walls he then took a step over my flat entrance and made a threatening lunge forward while saying your all playing f***ing mind games and stormed off. Instantly I called the police who were really busy at that time so there coming out in the next hour, I think my neighbour has serious mental illness and has annoyed and threatened the old tenants so much they had to move out. Can an associate be given to him or should I get the police to get in touch with the mental health services to deal with him.
Gaz - 5-Dec-15 @ 1:12 PM
I have a shop directly across from a factory and every day the same people park all the way around my boundary, this means my business is off course suffering and as the police are unable to do anything I was wondering if this could be a option? I have had to let staff go as I cannot afford this hit I'm taking. If it's the same people everyday and I have begged them many times. Any advice would be appreciated .
Emz - 27-Nov-15 @ 6:31 AM
s25 - Your Question:
We have a shared garden in our stairwell that has drying line posts. In every other part of the shared garden in the block, all posts have lines up that people use. However, one of our neighbours insists that everybody takes their line down when finished. My wife is 4'10 and undergoing chemotherapy. She does not have the strength to put a line up / take one down. I have explained this very clearly to the neighbour but he's not interested - he takes our line down even though it's in a space that he / his wife rarely use. He is in effect stopping my wife using the shared garden to dry clothes, despite the deeds stating that the shared garden is specifically for the purpose of drying clothes.Since we moved in, he has indulged in a variety of low-level things such as throwing people's shoes out if they're left outside the door, locking our kids out in the shared garden during the day so they can't get back into the stairwell, blocking the shared garden path so that kids from the neighbouring stairs cannot have free passage, writing menacing letters to the neighbours and so on. I have just ordered a motion activated camera and am going to start logging his behaviour.Does this kind of behaviour count as antisocial behaviour? Do I have a realistic prospect of getting something done about it if I report him? He clearly does not like us and is completely uninterested in compromising on the lines, despite us leaving half the line spaces free for him to do what he likes with. My wife could really do without this negativity at such a difficult time in her life.

Our Response:
Do you have a management company that oversees this kind of thing? Some of the things you mention such as locking other people's children out and throwing away shoes that people have left outside their own doors might be of interest to your local police.
ProblemNeighbours - 25-Nov-15 @ 12:40 PM
We have a shared garden in our stairwell that has drying line posts. In every other part of the shared garden in the block, all posts have lines up that people use. However, one of our neighbours insists that everybody takes their line down when finished. My wife is 4'10 and undergoing chemotherapy. She does not have the strength to put a line up / take one down. I have explained this very clearly to the neighbour but he's not interested - he takes our line down even though it's in a space that he / his wife rarely use. He is in effect stopping my wife using the shared garden to dry clothes, despite the deeds stating that the shared garden is specifically for the purpose of drying clothes. Since we moved in, he has indulged in a variety of low-level things such as throwing people's shoes out if they're left outside the door, locking our kids out in the shared garden during the day so they can't get back into the stairwell, blocking the shared garden path so that kids from the neighbouring stairs cannot have free passage, writing menacing letters to the neighbours and so on. I have just ordered a motion activated camera and am going to start logging his behaviour. Does this kind of behaviour count as antisocial behaviour? Do I have a realistic prospect of getting something done about it if I report him? He clearly does not like us and is completely uninterested in compromising on the lines, despite us leaving half the line spaces free for him to do what he likes with. My wife could really do without this negativity at such a difficult time in her life.
s25 - 24-Nov-15 @ 3:10 PM
My wife and I own our house,and have lived in it for 33 yrs,4 yrs ago a couple moved in with their kids,as tenants of WFHA,in Fife.at first we thought they were ok,although I knew the husband by reputation as trouble maker.They had a party,which I complained about,to his wife, he came charging at me,with a garden fork in his hand,saying "you b----rd,you're dead. Since then,he's managed to get himself barred for life from a local loch,as I was bailiff that day. I was told not to give him a permit,if he appeared with his pal.I did that,and ended up being arrested for assault,accused of hitting him.(Three of them ,one of me). Since then,he has terrified my wife by threatening her,when I wasn't there.We since then have had Verbal Abuse,Threats,constant harassment by them encouraging their dog to bark,banging the walls,cursing at us,also watching us from their windows,eggs on our windows,doors,threatening to poison our fishpond,and now we've gotten to the stage where we're actually frightened in our own house,and they still bang our doors at all hours of the night.
H - 4-Aug-15 @ 5:59 PM
@jojo. You could try talking to your local police community support officer about this. They might be able to have a word and perhaps even offer help by putting her in contact with others in the local area for additional support with her problems. The Environmental Health Department may be able to help with the noise nuisance if it's peristent enough for them to be able to track/monitor it.
ProblemNeighbours - 19-Jun-15 @ 10:42 AM
Hi, The property next door had been bought by a landlord and is being let to ex offenders and people on drink/drug dependant benefits. Most of the tenants are quiet but one parties all night and is very very noisy. She has had a number of outburst where she has smashed up her room and screams and swears in the garden for hours at a time. I have phone the landlord who is not interested but I'm desperate for sleep and don't feel able to approach her. What can I do?
jojo - 15-Jun-15 @ 10:06 AM
I have a permanent case at my local police department, but the issues have only rissen, instead of being remedied by authorities. Who am I suppose to contact if the local authorities are part of the issue ?? Thank you
senahrndz - 24-May-15 @ 11:10 PM
I'm looking at buying a terrace house that has been beautifully done up but the neighbours house looks so run down, has been neglected, has newspaper covering the downstairs windows and the curtains are always drawn in the daytime, upstairs. How can I find out if they are ok neighbours or not? Thx
MrsL - 23-May-15 @ 11:02 PM
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