Roll-on “respect orders” and “housing injunctions”: The end of the ASBI

The Crime and Policing Act 2026 is coming into force later this month.  This is Westminster legislation that affects the housing system in Wales as it is concerned with ASB in quite seismic ways.  The broad bones of the Anti-Social Behaviour Act 2014 remain in place – the 2026 Act amends it which makes it all a bit untidy and difficult to negotiate.  So, for example, the criteria for granting the new orders remain the same, although the applying authority has to conduct a risk assessment before making an application.  The latter is a really good innovation as, in my experience, the protected characteristics of the respondent are often overridden by the insistence of the provider.  It will get applicants for an order thinking at least.  This is what needs to be considered in that assessment:

“A risk assessment, in relation to an application for an injunction under this Part, is an assessment of —

(a) the risk of any person being caused nuisance or annoyance in relation to their occupation of residential premises by the respondent’s conduct,

(b) (in relation to an application for a youth injunction), the risk of any person being caused harassment, alarm or distress by the respondent’s conduct,

(c) any vulnerabilities of the respondent,

(d) any alternative means of preventing the respondent from engaging in relevant conduct, and

(e) such other matters as the person considers relevant.”

There are three new types of order which can be made: Respect; Housing Injunction; Youth Injunction.  The Respect order is enforced through criminal proceedings.  There is a really good summary of the major new changes in the most recent issue of Legal Action by DJ Russell James and Natasha Bellinger (paywalled, I think – sorry).

There are other interesting aspects to the Act, including an extension of the closure order regime to registered social housing providers (RSLs).  There is also a new offence of cuckooing: s. 65.  This offence occurs when

“(a) A exercises control over the dwelling of another person (B),

(b) A does so for the purpose of enabling the dwelling to be used in connection with the commission (by any person) of one or more relevant offences, and

(c) B does not consent to A exercising that control for that purpose.”

Although I recognise that this is a contradiction with my liberalism, that new offence will be really useful in the protection of vulnerable people from exploitation.