Antisocial behaviour orders (ASBOs)
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If antisocial behaviour is a really big problem in your area, your local council or housing association might be able to get a special kind of court order, called an antisocial behaviour order (ASBO), to stop it.
What is an antisocial behaviour order?
An antisocial behaviour order is an order, given out by a court, to stop a person from behaving in a certain way or doing certain things. It's not meant to be a punishment - the idea is to prevent the person from causing further distress and alarm.
ASBOs contain specific terms and conditions that say exactly what the person cannot do, or where they cannot go. For example, an ASBO may say that a person can't play loud music at certain times or that they can't hang about in your street. The conditions in an ASBO might only apply for a limited time or indefinitely. Not every ASBO has the same conditions - each one is for a different person and for dealing with different circumstances.
An ASBO is a civil court order. This means that it is not a criminal conviction and doesn't give a person a criminal record. However, ASBOs are not an easy way out for the person who has been causing problems. They are just a different way of tackling the issues and preventing the antisocial behaviour. If someone doesn't stick to the conditions set out in an ASBO that has been made against them, they can be prosecuted.
What is an 'ASBO on conviction'?
This is where an ASBO is made against a person as part of their sentence if they have been found guilty of a crime.
What is an 'interim ASBO'?
This is a temporary ASBO, which the courts can make until they've been able to consider all the evidence and decide what to do in the long term. A court is most likely to do this if there's any potential danger to the public, although they will consider the evidence to decide whether or not an interim order is appropriate in the circumstances.
When can ASBOs be used?
ASBOs can be used in a variety of different situations where there is ongoing antisocial behaviour. For example, ASBOs can be used when support (such as negotiation and mediation) has been tried or warnings have been given but the behaviour has not improved. ASBOs can also be used at an early stage alongside support like this. In most cases, there are other solutions that can be tried before applying for an ASBO. It's important to remember that every situation is different and may need a different approach.
ASBOs can be granted to deal with problem neighbours and other disturbances in your neighbourhood and they can be used in many different situations as long as the person who is acting antisocially and the people affected by the behaviour do not live in the same household. For example, they can be used to deal with antisocial behaviour in shopping centres or even bus or train stations.
However, ASBOs won't be appropriate in every situation. For example, if you have been arguing with your neighbours over who owns the boundary between your houses, but you neighbour hasn't actually behaved antisocially, an ASBO wouldn't be the right way to deal with the problem and the court probably wouldn't grant one.
What if the person has a disability or medical problem?
If you are being disturbed by antisocial behaviour it is worth remembering that the person who is causing it might not be able to control their behaviour.
An ASBO might not be appropriate if a person is behaving in a certain way because of a medical condition, behavioural problems or a disability. The reason for this is common sense - an ASBO won't work if the person can't control their behaviour. However, if a person has the capacity to understand right from wrong then action can be taken to prevent them from behaving antisocially.
This is a complicated area and you should contact a local advice centre if you are affected by the antisocial behaviour of someone with a medical condition. Use our directory to find an adviser in your area.
What happens if an ASBO is breached?
It is a criminal offence to break the terms of an ASBO and this would go on a person's criminal record. If the person who has the ASBO against them doesn't comply with the terms of it, you can report it to the police, who can arrest them.
Can ASBOs be granted against anyone?
Yes. It doesn't matter where you live, whether you own your house or are renting it from the council, a housing association or a private landlord, an ASBO can be granted against anyone who is causing a problem in your area. The person causing a problem doesn't have to live in your area and ASBOs can be granted against people who don't have a fixed address.
ASBOs can be made against children as young as ten years old. If an ASBO is made against a child under the age of 18, extra support can be ordered (eg providing counselling to deal with substance use or behavioural problems).
Who can apply for an ASBO?
Only the council or a registered social landlord (ie a housing association) can apply for an ASBO, so you need to report any problems to them first of all so they have a record of what's been happening. Most councils now have dedicated antisocial behaviour teams.
You can ask the council or housing association to apply for an ASBO, although they may not think it is appropriate and are not required to do so.
The council or registered social landlord must speak to the police before they apply for an ASBO. And if a registered social landlord is applying for an ASBO, they have to inform the council first as well.
The person who is accused of behaving in an antisocial manner can appeal against the application for an ASBO.
Can I apply for an ASBO against someone myself?
No. Although ASBOs can help to improve the community you live in, you can't actually apply for an ASBO yourself. Only councils and registered social landlords can do so.
What if the council won't take action?
Councils must have systems in place to deal with antisocial behaviour. Both the council and registered social landlords have to work with the police in finding the best solution to antisocial behaviour, and in some cases they may decide that applying for an ASBO is not the best way of tackling the problem.
The council has legal duty to investigate potential antisocial behaviour. But they may decide that it's not appropriate to apply for an ASBO in a particular situation.
If you are not happy with a decision (for example, the council has decided not to apply for an ASBO for your neighbour and they are still making your life a misery) then you should contact the antisocial behaviour team in your local council first of all. They should be able to tell you why a particular decision has been made.
If you are not happy with the council's response, you can make a formal complaint. If you are not satisfied with the outcome of your complaint, you may be able to take your complaint to the Local Government Ombudsman (if complaining about a council) or the Housing Ombudsman Service (if complaining about a housing association).
