In the second insight of our series exploring the additional anti-social behaviour (ASB) powers coming into effect for Social Housing Providers, Capsticks’ Housing Management experts consider Respect Orders. These will be available from 26 October 2026.

Respect Orders will partially replace the current Anti-social behaviour injunction orders (ASBI) granted under Section 1 of the Anti-social Behaviour, Crime and Policing Act 2014. This insight explains what a Respect Order is, the legal tests that must be met and some of the evidential considerations when making an application.

What is a Respect Order?

A Respect Order is a civil behavioural order which is intended to deal with ASB committed by adults. It is a civil power and is applied for in the County Courts, but breaches are prosecuted as a criminal offence.

The terms of the order will be focussed on preventing further ASB and can include both prohibitive terms and positive requirements.

Making a successful application

The Defendant(s) must be aged 18 or older. If the Defendant is between the ages of 10 and 17, a youth injunction can be sought instead.

A ‘relevant authority’ can apply for a Respect Order, which includes Registered Providers of social housing and local authorities. In order to obtain a Respect Order, the applicant must prove that:

1. 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
2. It is just and convenient to make an order to prevent them from engaging in further anti-social behaviour.

Where a Social Housing Provider is the applicant, the behaviour caused by the Defendant(s) must directly or indirectly relate to or affect its housing management functions.

The application should be made in the County Court or High Court and must be accompanied by evidence presented in witness statements. This evidence should include first-hand accounts of the behaviour, details of its impact on others, and supporting evidence such as photographs, videos, police information or professional witness evidence, where available. The Applicant is required to prove its claim to the civil standard of proof (on the balance of probabilities).

Applications for Respect Orders can be made without notice to the Defendant(s) in appropriate circumstances.

Respect Orders can exclude a person from their home where the ASB includes acts of or threats of violence or a significant risk of harm to others.

Risk assessments

Before any application for a Respect Order is made, a ‘risk assessment’ must also be completed. This must include consideration of:

• any person who is the victim of the harassment, alarm and distress
• the Defendant(s) and any vulnerabilities they may have
• any alternative way the ASB could be prevented
• any other relevant matters

At this time, there is no prescribed form for the risk assessment, but the government has provided an example risk assessment in its ‘statutory guidance for front line professionals’.

A risk assessment must be carried out for each application, even in circumstances where the application is made without notice to the Defendant(s). A copy of this risk assessment must also be exhibited to the witness evidence made in support of the application.

Judicial discretion in granting orders

One new feature of Respect Orders is that, upon consideration of an application, the Judge considering it may treat the application for a Respect Order as an application for a Housing Injunction (and vice versa).

Positive requirements

Respect Orders can include positive requirements to address the underlying causes of the ASB. This might include, for example, engagement with substance abuse support.

A ‘supervisor’ must be assigned, and they are to be responsible for supervising the Defendant’s compliance with the positive requirement. This supervisor must provide evidence to the Court as to their suitability. It will be the supervisor’s duty to make necessary arrangement for the requirement and keep the applicant and court apprised of the Defendant’s compliance, or lack thereof.

In the event that they have failed to comply with a positive requirement without reasonable excuse, the supervisor must write to the Defendant(s) warning them. This is only required if such a written warning has not been sent within the last 12 months.

Due to the onerous nature of the positive requirements (on both supervisor and Defendant(s)), these terms cannot be granted on a without-notice basis.

Breach of a Respect Order

As stated previously, a breach of a Respect Order will be a criminal offence, which means that it will be pursued by the police and prosecuted through the criminal courts.

The mandatory grounds for possession (Ground 7a of Schedule 2 of the Housing Act 1988 and Section 84A of the Housing Act 1985) will both be amended, so that landlords can seek possession on this ground where there has been a proven breach of a Respect Order.

How Capsticks Can Help

Our specialist housing and ASB lawyers in Capsticks’ industry-leading Housing Management team can help Registered Providers and social landlords prepare for these changes, including reviewing policies and procedures and advising on the suitability of seeking Respect Orders in individual cases.

The team can also assist with preparing and presenting applications for Respect Orders and helping organisations to use this new power effectively and proportionately. If you have any questions about what is discussed in this insight, please contact Partner Sarah Christy or Senior Associate Tim Pearl.

You can also find out more about Closure Orders and other new ASB tools at our in-person seminar on the ‘Changing Landscape of ASB powers for Social Landlords’ on Wednesday 21 October in central London. Register here for more information.