08/10/2026
The introduction of Respect Orders under the Crime and Policing Act 2026 marks a significant development in the way social landlords respond to anti-social behaviour. Whilst much attention has focused on the new powers available to landlords, the importance of robust risk assessment processes should not be overlooked.
Before pursuing enforcement action, landlords should be able to demonstrate that they have carefully considered the risks associated with both taking action and failing to do so. This requires a structured assessment of the impact on victims, witnesses, neighbouring residents, employees, and the respondent. Consideration should also be given to safeguarding concerns, disabilities, mental health, capacity, exploitation, domestic abuse, and potential Equality Act implications.
A well completed risk assessment can help evidence that enforcement action is necessary, proportionate and reasonable. It also provides decision makers with a clear audit trail, particularly where urgent action is sought or where a case may later be subject to scrutiny by the court.
This also provides an opportunity for landlords to demonstrate a more consistent and transparent approach to decision making. Courts are increasingly interested not only in the behaviour complained of, but also in the steps taken by landlords to understand underlying causes, assess vulnerability, and consider alternative interventions where appropriate. Comprehensive risk assessments can help evidence that these factors have been properly considered.
Practical policy considerations
Many existing anti-social behaviour policies and procedures were drafted before the introduction of Respect Orders and may now require review to ensure they reflect the new legislative framework and tools available.
Housing providers should consider:
Introducing a mandatory Respect Order risk assessment before proceedings are authorised.
Identifying who is responsible for completing, reviewing and approving assessments.
Incorporating safeguarding, mental capacity and vulnerability considerations within enforcement decision making.
Creating clear escalation routes where high-risk factors are identified.
Recording consideration of alternative interventions and support offered to respondents.
Including specific assessment of risks to victims and witnesses if enforcement action is delayed or not pursued.
Reviewing Equality Act assessment requirements and Public Sector Equality Duty considerations.
Introducing regular review points for risk assessments as cases progress.
Updating delegation and authorisation procedures to ensure decisions are appropriately documented.
Providing staff training on the new legislation, risk indicators, and evidential requirements.
Reviewing record keeping and case management systems to ensure that risk assessments are stored, reviewed and updated consistently.
Preparing for implementation
The most effective policies will look beyond simple compliance and provide officers with practical guidance on identifying risks, recording decisions and ensuring consistency across cases. Having a clear framework in place can also improve decision making, strengthen court applications and help protect both communities and vulnerable individuals.
As organisations begin embedding the new requirements, now is an ideal opportunity to review existing policies and procedures to ensure they remain fit for purpose and aligned with the requirements of the Crime and Policing Act 2026.
We are currently supporting landlords with policy reviews, procedural updates, risk assessment templates, and drafting guidance to ensure compliance with the new requirements. If your organisation would benefit from any assistance with the above, please do contact Sarah Orchard or Lauren Hampton.
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