What the Council will do about ASB
We can’t take action against someone without evidence. We will give you a special ‘incident diary’ to record ASB you see or hear. We may need other evidence, like photographs, video or tape recordings. We might have to speak to other people who have witnessed the problem. It could be difficult to take the case any further without these other witnesses.
If the evidence confirms the ASB we will take action. In very serious cases – where the perpetrator has put you or another person in danger – we’ll go straight to legal action. But in most situations we will take a more step-by- step approach to try to get them to change.
Taking legal action
Although legal action is the last step in the process, BHP will not hesitate to take action against the few who continually cause nuisance to our residents. BHP may apply for:
These can be obtained very quickly and can order the person causing Anti Social Behaviour to stop doing something, for example, playing loud music, vandalism and it can order them to carry out an action such as attend counselling sessions or clearing their garden of rubbish.
In serious cases of nuisance and harassment, where there is the threat of violence, the court can attach a power of arrest to the injunction. This can be obtained within 24 hours. If the person causing Anti Social Behaviour continues, the police have the power to arrest them immediately.
This process takes longer than obtaining an injunction and will normally involve evidence that has been gathered over a period of time being presented to the court.
To obtain a possession order we need strong evidence that will stand up to close examination in court. If the judge is satisfied that the tenant has breached the terms of their tenancy, or specific requirements contained in the Housing Act, they can grant a possession order which means that the tenant can be evicted by county court bailiffs.
Other legal action we could use
Working with Brent Council, the Police and other agencies - BHP can access other legal interventions such as:
- Criminal Behaviour Orders – Court Order following a conviction for any criminal offence
- Dispersal powers – Power to direct a person to leave a specific location for up to 48 hours
- Community Protection Notices – Notice to stop individuals, businesses or organisations cause ASB
- Public Spaces Protection Orders – Order to protect a public space from ASB
- Closure Powers – Power to close premises for up to 48 hours (out of court) and six months (from the court).