Complying with an ASBO
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If the council, or a registered social landlord, has applied for an antisocial behaviour order (ASBO) against you, or someone in your household, it is very important that you understand how it affects you.
If an ASBO has been made against you, or the council or a housing association has applied for one, you should contact a Shelter advice centre or Citizens Advice to discuss your situation. This can be a complicated area of law and you may need someone to represent you and speak on your behalf. Use our directory to find agencies in your area that can help you.
What is an ASBO?
An ASBO is a court order issued under special antisocial behaviour laws to stop you behaving in a way that causes distress to other people. ASBOs can cover lots of different types of behaviour but in most cases they will tell you to:
- stop doing something (for example, playing loud music or putting your rubbish in the stairwell) or
- stop going somewhere (for example, hanging about a street or going to a specific location).
How will I know if an ASBO has been applied for?
If a council or a registered social landlord has applied to the court to get an ASBO against you, you should be told about this.
If this happens, you can get a solicitor to appear in court on your behalf if you wish. Contact the Law Society or Citizens Advice for details of solicitors who deal with antisocial behaviour cases.
Why is there an ASBO against me?
If the council or a housing association has applied for an ASBO against you, it means that something you have been doing has been causing alarm or distress to other people. You may not have been aware that you have been upsetting anyone, and you may not have done so intentionally, but the ASBO is a response to your actions and its intention is to stop you from continuing to disturb other people living in your area.
The behaviour that's been upsetting people may have been happening in your own home, in the street, in someone else's street or a public place. It will have happened more than once.
If an ASBO has been granted against you, it means that the court has looked at the evidence and decided that your behaviour is unacceptable and that you must stop behaving in that particular way and disturbing others.
Do I have to stick to an ASBO?
Yes. An ASBO is a court order and you must read it very carefully and do what it tells you. The ASBO itself won't give you a criminal record but you will be committing a criminal offence if you don't do what it says. If you break any of the conditions in the ASBO, the police can arrest you and you could end up with a criminal record.
You may also be putting your home at risk. If you are renting, your tenancy could be demoted (which would mean that you have fewer rights) and/or you could be evicted. If you are not a tenant but are living with your parents or someone else who holds the tenancy, they can be held responsible for your actions and could be end up losing their home as well.
If you don't understand what the ASBO means, speak to a housing aid centre or get advice from a solicitor. Whatever you do, don't ignore the ASBO.
How long will the ASBO last for?
It depends on what the court has decided. There are no maximum or minimum time limits. The ASBO itself will tell you how long it applies for. It might be for a short, specified period of time or it might apply indefinitely.
The council or housing association can review your ASBO after a certain time to see if it's still necessary but they don't have to.
What is an interim ASBO?
An interim ASBO is a temporary ASBO which lasts for a short period of time until the court decides whether or not to grant a full ASBO. This will usually happen if the court thinks that your behaviour is causing a big problem and something needs to be done immediately until it can consider all the facts and make a final decision.
The ASBO itself will state whether it's an interim order or a final order but if you are not sure, speak to an adviser. Again, it's really important that you make sure you know what the conditions of the ASBO are and you must not ignore the ASBO under any circumstances.
What if I don't agree with the ASBO?
If an ASBO has already been granted against you and you feel that it has been granted unfairly or if you don't agree with it, you can appeal against the court's decision to grant the ASBO.
If that doesn't work and the court sticks to it's original decision, you can then apply to the court to have the ASBO varied (changed) or revoked (cancelled). However, if you have already appealed against the court's decision to grant the ASBO, you have to wait for the appeal to be decided before you can ask the court to vary or revoke the ASBO.
Your local council or housing association can also ask the court to vary or revoke the ASBO. If you are present in court when the ASBO was granted, this should be explained to you at the time.
If you are a child (ie if you are under the age of 18), or if the ASBO has been granted against a child in your household, the court has to consider the views of the Welfare Officer before deciding whether to vary or revoke the ASBO.
If a registered social landlord has applied for variation or revocation, it must tell the local council it has done so.
What if I have a disability, illness or medical condition?
If you have a diagnosed medical problem or behavioural problems, then the court may decide that it would be inappropriate to grant an ASBO against you.
However, it's not enough just to say that you can't help your behaviour. You'll have to prove it. Some of the things that will be looked into include the extent of your medical condition or disability and whether or not you have the capacity to understand right from wrong. You'll probably need medical evidence such as a letter from your doctor and maybe some evidence from other specialists who know more about your condition.
