16/07/2026
On 15 July 2026, it was announced by the Home Office that a Statutory Instrument will be laid in Parliament giving a commencement date of 26th October 2026 for when Respect Orders will come into force under the Crime and Policing Act 2026.
The introduction of Respect Orders forms part of the Government’s wider strategy to tackle anti-social behaviour, with the hope that this will provide stronger protections for victims, improve confidence in local enforcement by the police, and ensure persistent offenders of anti-social behaviour face meaningful consequences, but also whilst being encouraged to address the cause of their behaviour.
What is a Respect Order?
A Respect Order is a new civil order designed to replace the current Anti-Social Behaviour Injunction against those aged 18 and over. They will be set out at Part A1 to the Anti Social Behaviour Crime and Policing Act 2014.
For individuals aged 10 – 17 years old, youth injunctions can continue to be sought under Part 1 to the Antisocial Behaviour Crime and Policing Act 2014.
Who can apply?
A Respect Order can be applied for by a relevant authority, which include a local authority, a housing provider, or the Chief Officer of police for a police area.
Applications can be made in the County Court and to the High Court.
What is the Legal Test?
A Respect Order may be granted where the court is satisfied that:
- On the balance of probabilities, that an individual has engaged, or threatens to engage, in anti-social behaviour (defined as conduct that has caused, or is likely to cause, harassment, alarm or distress to any person); and
- It is just and convenient to make an order to prevent them from engaging in further anti-social behaviour.
For a housing provider to apply for a Respect Order, they must be able to demonstrate that the anti-social behaviour also directly or indirectly relates to, or affects, its housing management functions.
What terms can it include?
A Respect Order can contain both prohibitive terms, as well as positive requirements.
Prohibitive terms could include excluding a Respondent from a certain area or forbidding them from engaging in certain behaviours. Positive requirements could include requirements for the Respondent to participate in a certain activity, such as obtaining drug and alcohol treatment or attending an anger management course.
Any terms must, so far as practicable, avoid any interference with the times in which the Respondent usually works or attends any educational establishment, as well as not conflict with the requirements of any other court order or Injunction in which the Respondent is subject.
Respect Orders can be sought on an urgent without notice basis if required, however any interim order can only contain prohibitive terms, rather than positive requirements.
An application can also include a request to exclude from the Respondent’s home if there has been violence, threats of violence, or there is a significant risk of harm to other persons.
Supervisor Requirements
A Respect Order that includes a positive requirement must specify a “supervisor” who will be responsible for supervising compliance of the order.
The supervisor can be an individual or an organisation, and evidence of suitability and enforceability must be provided before a requirement will be included on a Respect Order.
The supervisor will be responsible for making any necessary arrangements, promote compliance with the requirements, informing the person who applied for the order and (if different) the appropriate chief officer of police that all requirements have been complied with, or informing them if they consider there has been any failure to comply with the requirements. In the event of a failure to comply with the requirements, the supervisor has a duty to give a written warning before seeking prosecution for any breach of an activity requirement.
Risk Assessments
Another requirement is that a risk assessment must be completed before any application for a Respect Order is made (including without notice applications). This assessment must consider the risk of harm, alarm or distress, to any person as a result of the Respondent’s conduct, any vulnerabilities the Respondent might have, any alternative means available to prevent them from engaging in anti-social behaviour and any other matters considered to be relevant.
Breach of a Respect Order
A breach of a Respect Order will be a criminal offence, which differs from the current civil injunction.
A Respondent who commits a breach is liable:
- on summary conviction, to imprisonment (for a term not exceeding the magistrates limit), a fine, or both;
- on conviction on indictment, to imprisonment for a period not exceeding two years, or a fine or both.
The Housing Act 1988 and the Housing Act 1985 will also be amended so that a breach of a Respect Orders can be relied upon under either Condition 2 of Ground 7A Schedule 2 to the Housing Act 1988 (for assured tenancies), or Section 84A of the Housing Act 1985 (for secure tenancies) in order to seek mandatory possession against a Respondent.
Current Injunction Orders
It is important to note that any current Injunction Orders obtained under Part 1 to the Anti Social Behaviour Crime and Policing Act 2014 will be unaffected by the commencement of Respect Orders, and will continue until expiry unless otherwise revoked by the court.
Looking Ahead
Whilst we await the introduction of Respect Orders in October, Housing Providers and Local Authorities should now take steps to update their internal policies and procedures in readiness for the new powers coming into force.
If you need any support in managing these changes within your organisation, or have any queries in respect of Respect Orders, please contact our dedicated housing management team.
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