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Applying for an Anti-Social Behaviour Order

By: Jeff Durham - Updated: 15 Oct 2018 | 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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We are a middle aged married couple private home owners living above a flat managed by the local council with council renters. We had previously two neighbours from hell for years ,they were abusive, and unnecessarily noisy and rude; they finally moved away a few months ago. Now we got another set of neighbours from hell once more!! This time is even worse, two inconsiderate 20 years old teenagers with a one and something year old screaming toddler..it`s a total living hell. They are all up at 6.30 in the morning every day including the weekends, they stomp and run around the house all day and evening, the kid screaming at the top of his lungs most of the day and the night !! They slam doors and windows on a daily basis. One of them has a part time job and he is out only when they get work, the other is at home all day/night with their brat toddler. They are costantly at home at the weekends too despite having family members nearby to go to, which means not peace! We wrote a polite letter, talked to their father, we tried to talk to them about keeping down their noise.. nothing seems to work, and it is so frustrating. The house has concrete thin walls, absolutely everything can be heard.We are at our wits end - I can`t take this anymore.I suffer of sleep deprivation and stress because of this. We are overtired and unhappy, we cannot enjoy our home. They are disrupting our lives. I am desperate to move away from this hell ..even thinking of renting somewhere as long as it is a peaceful place. We work from home and the costs to move are prohibitive (we live in one of the most expensive countries and areas in the world, south east England, so not that simple.) We`re working on a solution and maybe in a very soon future.
Mrs M. - 15-Oct-18 @ 1:21 PM
I have an adjoining neighbour who has all night parties (8pm until and I’m not joking as I’m sitting through one now 8am!!!) when I say party, I mean drunken youngsters, swearing, shouting, banging and crashing around plus the music - a bass so loud it vibrates the furniture, through the floor and coupled with the constant slamming of doors has even brought plaster off the ceilings!!! She has a toddler which she palms off on to anyone who’ll look after her, screams obscenities at said toddler constantly - she’s frankly vile! HA will do nothing (Waterloo housing - so be warned) council are monitoring and police have been round once to ask her to turn it down, all to no avail. It’s been 18months I’m exhausted, at times suicidal and feel abandoned by the authorities. Myself, my lovely son and Labrador just want to live in peace in a house I work very hard to keep ?? we regularly have to pack up during the night and stay with friends - I work full time and have to drive on the motorway to get there and when you have literally no sleep at all it’s either booking emergency leave or risk killing myself or worse someone else whilst I’m driving utterly exhausted.The stress is unbelievable- the situation is now life threatening and you’re completely alone with no way out (I can’t afford private rent)
Tara - 11-Oct-18 @ 10:17 PM
To cut long story short the new neighbours upstairs moved 12 days ago. They are very loud and moving stuff around till 3 am. We can hear their noise and we cannot sleep. I have young daughter who had epilepsy. Two consecutives nights from 10 PM till 2 am they are very noisy. I went upstairs to explain the situation and requested them to keep their noise down they didnt care and continued their noise. I have left letter for them explaining my daughter has epilepsy and requested them to keep the noise down after 10PM. They continued with the noise the next day. My poor child had seizures both nights which i believe lack of sleep was the cause of her seizures. I contacted the estate agent who rented the flat to us and them and they said they will speak with them. The noise continued and to.top.it all they started their washing machine at 1 am and we woke up again. I called 101 but the police guy said there is nothing he can do for me. I am desperate and helpless. What shall i do? Thanks
Maryam - 3-Oct-18 @ 3:29 AM
I have made many complaints to police , landlords etc with still no result ,what has go happen before we got help
Cherry - 13-Aug-18 @ 12:57 AM
I have had new neighbours move in a year ago in the first month the wife come out her house cursing at me for not introducing my self to them we had an argument and she drove off in her car, they have now been burning items in their garden, drive over my front garden using my drop curb I have paid for to access the front of their garden, they argue till all hours of the morning waking me up wheb i have to work, I have recently learnt she's not declaringhim living there so they are commuting benefit fraud but my landlord is letting them get away with it I'm 7 months pregnant and I'm afraid when the baby comes they will be waking her up and burning things all day so I can't open my Windows
Louie - 4-Mar-18 @ 4:29 PM
My family has been seriously harassed by young kids and some teenagers, we feel like we’re being targeted leaving my family feeling terrified. I have contacted the guards but nothing they have done also i do have information on who these kids are i just need advice to take this matter further.
Luke - 17-Jan-18 @ 2:50 AM
My neighbours and I have been having problems with my antisocial drunken neighbour and friends for 3 1/2 years. We've made statements, petitions, formal complaints and still my Landlord and police fail to act. They say they will put a written warning in place and then retract it a couple of months later. Our whole community is being ignored. I have been the main target since I have to live next door to it. Loud music, drunken shouting and arguing, (all during unsocial hours 11am - 7am, coming on to my property in a threatening manner and calling me derogative names aimed at my gender, shouting abuse, banging on adjoining wall, banging on external windows and kicking walls throughout night, slamming doors and making their dogs bark throughout the night, vandalising the communal garden. I wrote to the Housing Ombudsman, Local government ombudsman only to find out that these organisations are neither fair or impartial, as they only consider the landlords evidence, (who can say just about anything, & withhold information). The sheer scale of corruption is beyond belief and these are organisations that the taxpayer funds, they also have no powers of enforcement. My MP says it's not his jurisdiction to enforce council policy, and he's too busy to meet up with us (his constituents) who pay his wages. This was going on long before I moved here according to the previous tenant. Our landlord is ignoring us and the police are useless, they tell us 4 hours to turn up to our calls and then never show, never go round there to warn him about his behaviour when they do turn up. We have come to the conclusion that someone must be taking a backhander somewhere and knows this man. It's the only conclusion when a whole community is ignored in favour of him. I've been on exchange list since this all started, only to find most people on the exchange register are looking to get away from their own antisocial neighbours! So when we are told that the Landlord and police are strict on antisocial behavior, we can say we have never heard so much rubbish. Bigger problem is the Landlord tells him when they are going to put recording equipment in, so he up and leaves the property, the landlord refuses to act on him then "not using his property as his permanent address," which is a breach in his tenancy agreement. In fact our landlord is using breaches in its own tenancy agreement to end antisocial behaviour cases, as the tenant leaves and the case is closed after 3 months, so when the antisocial nightmare returns they open a NEW case, and as I've said this nightmare has gone on for 31/2 years now. The ombudsman concluded in its investigation that the person not living at the address had no reflection on the fact that they'd been no reports of antisocial behaviour within that time and so supporting the breach in tenancy, "utter lunancy." Believe me, my neighbours and I have exhausted every procedure only to find out the landlord, the police do not care, please u
titch - 29-Dec-17 @ 3:10 PM
how many times do you have to do things wrong to get an asbo
dmead2002 - 12-Dec-17 @ 2:35 PM
Sharon- Your Question:
Hello, Your site requires updating ASBO's were replaced under the ASBCPA 14 and can no longer be applied for. You make no mention or reference to the Community Trigger which was introduced for Victims to escalate their complaint if they feel no action is being taken. Thank you

Our Response:
We're in the process of updating this and our othe ASBO articles please be patient with us.
ProblemNeighbours - 17-Nov-17 @ 11:13 AM
Hello, Your site requires updating ASBO's were replaced under the ASBCPA 14 and can no longer be applied for. You make no mention or reference to the Community Trigger which was introduced for Victims to escalate their complaint if they feel no action is being taken. Thank you
Sharon - 16-Nov-17 @ 12:24 PM
Crankshaft - Your Question:
My Daughter lives in a block of 5 flats. 1 of the other residents rents a flat, and his nephew squats in a small caravan in the communal garden. He takes electricity from the communal electricity supply without permission, via an extension lead.He's a convicted rapist with previous convictions for drugs and violence.He should not even be there but he parks old untaxed cars there and has been witnessed dealing drugs.He sometimes has friends staying there and uses the garden as a toilet.There is also a lot of mail with fictitious names/ businesses and false flat numbers, coming to the address.We've told the police/ council/ environmental health and fire brigade. We get passed round in circles and they say " it's a civil matter"We don't know who to go to. It's being going on for several yearsLo

Our Response:
Is she renting? Is the landlord not prepared to act? If she feels the authorities have not dealt with this effectively enough, it might be worth asking her MP for advice on who else can help in her area (they might also be able to put pressure on the authorities etc).
ProblemNeighbours - 3-Nov-17 @ 3:42 PM
My Daughter lives in a block of 5 flats. 1 of the other residents rents a flat, and his nephew squats in a small caravan in the communal garden. He takes electricity from the communal electricity supply without permission, via an extension lead. He's a convicted rapist with previous convictions for drugs and violence. He should not even be there but he parks old untaxed cars there and has been witnessed dealing drugs.He sometimes has friends staying there and uses the garden as a toilet. There is also a lot of mail with fictitious names/ businesses and false flat numbers, coming to the address. We've told the police/ council/ environmental health and fire brigade. We get passed round in circles and they say " it's a civil matter" We don't know who to go to. It's being going on for several yearsLo
Crankshaft - 3-Nov-17 @ 1:54 PM
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
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