30/06/2026
The Anti-Social Behaviour, Crime and Policing Act 2014 provides a coherent toolkit to deal with anti social behaviour. This includes civil injunctions, community protection notices and an absolute ground for possession.
However, in practice, the system can often fail the very people it is designed to protect. This is largely because the courts through which these powers must be exercised are overwhelmed and under resourced.
Behind every case file, behind every set of pleadings and every court application, there are real people. People whose lives have been disrupted, whose sense of safety has been eroded, and who are depending on the system to act.
The reality of delays.
Defended possession claims and injunction applications often involve lengthy directions before they reach final determination at trial.
Directions can relate to numerous issues which can include, but is not limited to, pleadings, disclosure, medical evidence, witness evidence, interlocutory hearings and other applications in the matter. Matters may also be adjourned for periods during directions which adds significant delays to proceedings.
We are experiencing increased delays for hearings to be listed and court orders to be produced. This can be attributed to a shortage of Judicial staff and/or reduced court staff.
Waiting for a matter to be listed for a hearing can often be between 4-8 weeks and waiting for a 1 day fast-track trial can be on average 4-6 months away from the date trial is to be listed. This is often because of existing lengthy waiting lists, as well as ensuring that there are sufficient court staff available for trial, for example Clerks, Ushers and Security.
Impact of delays on victims.
The justice system can act as a safety net for victims of anti-social behaviour. Delays with the court system can make victims feel that the system is inaccessible. Victims can be left exposed even at the point when the system should be robustly protecting them.
Complainants are often involved and engaged in the process long before litigation is contemplated. Many could be forgiven for thinking that once litigation is commenced, the end result that they hope for is imminent.
Unforeseen and timely delays can make victims feel frustrated and some may choose to disengage with reporting anti-social behaviour, which in turn could have a negative impact on the outcome at trial.
Using the time in delays wisely.
The numerous delays at various stages of litigation are not always to the detriment of the victim.
The time can give Housing Providers the opportunity to document and evidence further anti-social behaviour in the backdrop of the on-going litigation, so as to evidence that the litigation is not acting as a deterrent for the perpetrator.
In addition, Housing Providers can use the time to obtain expert evidence, noise monitoring equipment and involve local stakeholders who may become involved after proceedings have been issued.
During delayed periods with the court, Housing Providers can continue to offer support and referrals to the perpetrator in the hope that once appropriate and proper support is in place, the anti-social behaviour may cease.
Proportionality Assessments and Public Sector Equality Duty Assessments can be updated a number of times as new information and evidence comes to light during periods of delays. These assessments can often determine the success of Housing Providers in court.
Keeping victims informed.
Ensuring that victims are heard throughout the litigation process is of paramount importance to how they feel whilst often still experiencing anti-social behaviour. In our experience, we find that keeping victims and reporters regularly updated can make all the difference in terms of their engagement and experience of the court process.
It is crucial that victims are seen and heard. Victims should be treated with respect by all involved in the court process. In practice we find that can be achieved by Housing Providers with regular and honest updates.
On occasions, we have attended meetings with victims during the court process together with our client. We find that for victims, hearing the process from someone who has conduct of the proceedings helps build and maintain trust between victims, Housing Providers and most crucially the justice system.
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