We will generally follow an Intervention Model which is designed to prevent behaviours using a fair and proportionate toolkit, beginning with out-of-court disposals, such as warnings. Where the behaviours cannot be deterred through out-of-court disposals, or where the behaviours pose a significant risk or threat of further harm, we may have no choice but to consider our legal powers.
There are some frequently asked questions listed below.
An interview is usually the first opportunity for a person who is allegedly responsible for anti-social behaviour to provide their version of events. It is an opportunity for them to have their say about what has been going on, or to offer an explanation for the behaviour.
If you have been invited to attend an interview, it is important you do attend. If you fail to do so, we cannot consider anything you wish to say and we may have no choice but to assume the allegations being made are true.
An Advisory Letter is exactly what it says on the tin! We do not send these in every case, but on occasions our case officers will consider sending an Advisory Letter to the person who is allegedly responsible for the anti-social behaviour.
The Advisory Letter will explain that reports of anti-social behaviour have been received and we are giving the person an opportunity to resolve the issues themselves before we receive further reports. If we receive further reports, however, the case officer will consider alternative intervention.
An Advisory Letter is useful in cases where the person allegedly responsible for the behaviour isn’t aware the behaviour is affecting others. For example, in some noise cases or in a neighbour dispute.
If you have been issued with a verbal or written warning it is because we have sufficient evidence you have engaged in anti-social behaviour. These types of warnings are often used to address first-time behaviours and may include conditions for you to comply with - for example, you may be asked not to contact the victim or to not play music after a specified time or at a specified volume.
We hope by issuing warnings, with or without conditions, is to nip problems in a bud and to prevent any escalation, while helping you to avoid action against your tenancy.
A community protection warning (CPW) is very similar to any other warning. It is an early intervention with the aim of preventing any escalation.
The CPW may be issued for a range of behaviours, such as noise nuisance. The CPW will have conditions for you to comply with, such as not playing music at certain times or above a certain volume.
If you fail to comply with a CPW, you may be issued with a community protection notice. This notice is the next stage of enforcement. Breaching the notice is a criminal offence and may result in a Fixed Penalty Notice being issued. Where court action is required the maximum fine is £2500.
An ABC is a mutual agreement between the local authority and the person signing the ABC. The agreement will include conditions for the person to comply with - for example, not to cause harassment against a specified person, or in the context of animal nuisance, to keep a dog on a lead in specified areas.
An ABC is a useful tool to support people in addressing any underlying issues. We do this by including conditions within the agreement for the person to carry out certain activities or requirements, such as engaging with a support worker, accepting advice and treatment for addiction, or making an appointment to see their GP. For young people, requirements may include attending diversionary activities.
If you fail to comply with the terms of an ABC, and the anti-social behaviour continues, we may have no choice but to consider our legal powers - including possession proceedings.
A closure notice is the first step the local authority or the police will take before making an application to the magistrates court for a closure order. The notice will be issued within 48 hours of the court hearing and will provide details of when and where the hearing will take place.
At the hearing, the court may grant a closure order. A closure will be made for an initial period of 3 months, although it can be extended for a further 3 month period.
A closure order can be made with specified terms, such as who can access the property and at what time. In some instances, the court may prohibit access to all persons. Should the court order be breached, police officers can arrest offenders and they could face a custodial sentence.
Tenants should be aware that when a closure order is granted, the landlord may seek possession of the property under the Absolute Ground for Possession.
An ASB Injunction is a civil power made under Part 1 of the ASB, Crime and Policing Act 2014. An injunction may be granted by a county court against any person 18 years or over. A youth court may grant an injunction against any person aged 10-17 years old.
If you have been served with an ASB Injunction it is because the court is satisfied that you have engaged in anti-social behaviour. The order will include terms for you to comply with, and you may be ordered to engage with support agencies to address addiction, for example, or anything which may be influencing your behaviour.
An injunction can be made for a fixed term or indefinitely, but most court orders of this type range between one year and ten years. A power of arrest may also be attached.
Should you breach the terms of an injunction you could be arrested and sent to prison for up to 2 years. You will be entitled to legal representation and a non-means tested right to legal aid.
Breach of an injunction may also result in possession proceedings under the Absolute Ground for Possession.
A NSP will be served only when the terms of your tenancy have been breached or there is some other ground for possession (see full list of grounds here).
You should read the NSP carefully and seek independent legal advice or contact the local Citizen Advice Bureau on 0808 278 7991.
The NSP will contain details of why the notice has been served - for example, due to anti-social behaviour or using the property for illegal purposes.
We may also serve an NSP under the Absolute Ground for Possession where one or more of 5 limbs have been met. These are:
When the NSP relies on the Absolute Ground for Possession, the tenant will have a statutory right to seek a review of the decision to begin possession proceedings. The review is carried out by members of our senior management team who have not been involved in your case previously.
Your request must be made within 7 days of the notice being served on you using the review application documents sent to you with the notice. If you have misplaced these documents you should email us at ASB@milton-keynes.gov.uk as soon as possible.
You will be notified of our decision before the expiry of the notice. If we decide to proceed to court for possession of your property, you will be written to by the court with a hearing date.