Wednesday, 8 January 2014

The Anti-social Behaviour, Crime and Policing Bill ~ possible amendment

UPDATE 9th January:  The amendment set out below was carried in the House of Lords by a majority of 178.  The debate may be viewed via Democracy Live.

An amendment has been moved to the Anti-social Behaviour, Crime and Policing Bill.  For details see Big Brother Watch and HERE.


Page 1, line 8, leave out from “in” to end of line 9 and insert “anti-social behaviour.
( )   Anti-social behaviour is—
(a)   conduct that has caused, or likely to cause, harassment, alarm or
distress to any person, or
(b)   in the case of an application for an injunction under this section by
a housing provider, conduct capable of causing nuisance or
annoyance to any person.”

The government has proposed a cross-amendment - HERE.  

Page 1, line 8, leave out “capable of causing” and insert “that could reasonably be
expected to cause”

Previous post of 7th January 2014.


  1. I think Lord Dear's Amendment is correct but I also think that there is already provisions available. For example, Environmental Protection Act 1990 Sec. 79 Statutory Nuisance, nuisance in common law ' substantial and unreasonable interference, public nuisance. The real problem is the dumbing down of professionals who deal with ASB and Nuisance. Local Authority Housing Officers, Environmental Health Officers.

  2. I work in Environmental Health and I find that a lot of Local Government Officers, Housing Team and Housing Associations do not actually have the skills or competence to actually deal with the powers they already have at their disposal. I attended a very interesting seminar by Jan Lube QC who highlighted to me that existing power are very effective. In my opinion it is that many Housing Associations, Housing Teams and ASB Team do not use them. This is either through lack of training, competence or maybe down to the culture of the individual organisation.