Home > Taking Action > Applying for an Anti-Social Behaviour Order

Applying for an Anti-Social Behaviour Order

By: Jeff Durham - Updated: 6 Dec 2016 | 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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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
@tannoyrevolution. Follow the advice inthe article if that's unsuccessful, your local community police officer might be able to help. You could also try your local council, they can sometimes implement alternative places for people to 'hang out' or create a bylaw that prevents them from doing so in certain places.
ProblemNeighbours - 31-Mar-15 @ 12:52 PM
@micky. No unfortunately you cannot stop someone from getting in and out of their car during the day. Have you tried ear plugs?
ProblemNeighbours - 31-Mar-15 @ 10:21 AM
Every Friday and Saturday night and especially half term nights we get a lot of teenagers hanging around on the street corner.They often damage property, litter and hassle people and keep the residents awake until the early hours of the morning shouting and messing about.The police rarely show up when called but when they do come they are not effective.What is the best course of action please?
Tannoyrevolution - 27-Mar-15 @ 7:05 PM
Im a night shift worker and one of my neibours insists on banging her car door all day wether it be her partner or relatives coming up ive reported this to the council and they keep saying they cannot do nothing about it its causing me loss of sleep as im doing 10 hr shifts basically im at the end of my tether with it and I need help
micky - 26-Mar-15 @ 4:38 PM
@me. Ask the environmental health department to take a look.
ProblemNeighbours - 19-Mar-15 @ 2:38 PM
I have neighbours that i believe are using industrial sprays underneath my living room i get the fumes in my living room how can i deal with it
me - 17-Mar-15 @ 11:47 PM
@yaks1267. If these threats are as bad as you say, we're surprised at the response from the police. If you want to make a complaint about the way the police have handled the issue you should try the Independent Police Complaints Commission
ProblemNeighbours - 30-Jan-15 @ 12:10 PM
Hi am an ex soldier how left the army decmenber 2013. In the begin of 2014 we employed my neibourgh how live 30 meters acdoss the path from me to do work in my house the work start well or as well as you can say is well he ripped out my complete bath room and down staired toilet leaving me my wife and 3 children with no toilet or bath for 7 weekshe was empllyed to do around 20000 pound worth of work but soon job where not getting finished and he start to not turn up daily to do any work in the house so on the 28 march 2014 I asked him to leave the job. since then myself aand young family hand had near a year of hassle from this man his wife and evan his kid are have a go now. on more than once I have phone the police in to be told that irs a neibourgh and they do not get involde to the point that one office to me to use my back door not to up set that family. His wife has repeated threatesded to rip my head and wife head off and evan rip my 63 year old mothers head of on this threat I phone the polive and I was issue a writing warning saying if I phone the police again I will be done with wasting police time can anyone give me any advice where to go from here as am at my wits end and have accure PTSD due to my 20 years service in the brittish army
yaks1267 - 28-Jan-15 @ 8:00 PM
@HK. Contact the landlord and report this behaviour...the landlord may be able to act under certain clauses in the tenancy agreement.
ProblemNeighbours - 17-Dec-14 @ 12:46 PM
I am living in a sharing house, one person who lives with us always abuse and shut his door very loudly and use bad words and he disturb's everybody everyday he does like this I could not sleep because he makes novice and on his TV on high volume. please give me a solution what should I do one I called the police they did nothing, they just said ignore him.
hk - 16-Dec-14 @ 4:24 PM
I live in a flat 2, I have a 2 years old child. one man live in a flat 1. sometimes my child jump and that man always bang his door or even bang in our door. And my child start to cry and sit quietly. She even stop to talk and play. we always force her to play and take her outside to make her happy. We did tell him not to shout or bang in our door but he is still banging door. M really worried about child. please help me if for a child :(
07asark - 12-Dec-14 @ 7:12 PM
I have a neighbour that has a lock up underneath my house. They have bought a full size table tennis table and erect it outside my living room and groups of teenagers play. It might not sound much but when you live in nice quiet place (dont have good health) and your sitting in your living room and all you hear is table tennis and groups of kids and adults commenting it drives you up the wall. Have explained this is not their garden and it affects us just sitting in own house but they pay no attention to it. what else can I do , i also do have pictures and just want my peace back
jay - 11-Oct-14 @ 7:14 PM
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