21/10/2026
On 26 October 2026, Respect Orders will come into force under the Crime and Policing Act 2026, introducing a new enforcement tool for tackling persistent anti-social behaviour (ASB). The publication of the revised Anti-social behaviour powers: Statutory guidance for frontline professionals (October 2026) provides welcome clarity on how these powers are expected to operate in practice.
We have previously explored the legislative framework for Respect Orders and the new risk assessment requirements. With commencement now approaching, housing providers should be focusing on the practical steps needed to support effective applications from day one.
Start identifying suitable cases
Housing Providers should now start to finalise reviews of existing ASB caseloads and identify cases that may be suitable for a Respect Order once the new regime comes into force.
Potential cases may include one or more of the following behaviours:
Persistent nuisance or harassment
Intimidating or threatening behaviour towards neighbours or staff
Repeat ASB where previous interventions have been unsuccessful
Cases where an adult injunction may previously have been considered
Waiting until 26 October 2026 to begin considering potential applications may mean that valuable preparation time is lost.
Focus on evidence gathering
A strong Respect Order application will be built on clear and organised evidence.
Housing providers should now be considering obtaining:
Witness statements and diary evidence
Housing officer records and incident logs
CCTV, body-worn video and other digital evidence
Information from partner agencies
Evidence demonstrating the impact of the behaviour on victims and the wider community
Providers should also retain evidence of previous interventions, including warnings, support referrals, mediation attempts and other steps taken to address the behaviour. The revised statutory guidance emphasises the importance of proportionality and demonstrating that alternative measures have been considered where appropriate.
Get risk assessments embedded into case management
One of the most significant changes is the requirement to complete a risk assessment before proceedings are issued.
Rather than treating this as a final procedural step, providers should ensure risk assessments are a part of their ongoing case management process and are regularly updated.
Considerations for risk assessments are likely to include:
Risks to the well-being and safety
Safeguarding concerns
Vulnerabilities and mental health issues
Equality Act considerations
The risks of taking, or not taking, enforcement action
A well documented risk assessment is likely to assist both internal decision making and any subsequent court proceedings.
Think carefully about positive requirements
Respect Orders can include positive requirements as well as prohibitions. These requirements are intended to address the underlying causes of ASB and may involve engagement with support services or treatment programmes.
Before seeking a positive requirement, housing providers should consider:
Who will supervise compliance
Whether suitable support services are available
How compliance will be monitored
Whether the requirement is realistic and enforceable.
Turning preparation into action
Before 26 October 2026, housing providers should consider:
Reviewing ASB policies and procedures
Updating risk assessment processes
Training frontline staff on Respect Orders
Reviewing evidence gathering arrangements
Identifying potential cases for early applications
The opportunity for housing providers
The revised statutory guidance provides a useful reminder that successful Respect Order applications will depend not only on evidence of ASB but also on clear decision making, effective risk assessment and robust case preparation.
Housing providers should be focused on ensuring that systems, staff and evidence gathering processes are ready to support the effective use of these new powers from the outset.
We will be considering this in greater detail at our Housing Management Update webinar on 10th November. Secure your place now.
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