Social Housing Speed Read – Crime and Policing Bill Update
25th March, 2025
The Crime and Policing Bill was recently introduced in the House of Commons on 25 February 2025.
If this Bill becomes law, it would introduce several amendments to the Anti-social Behaviour, Crime and Policing Act 2014 that would enhance the powers available to the police and other local agencies, including social housing providers, to tackle incidents of anti-social behaviour (ASB).
The key potential changes for social housing providers to be aware of are outlined below.
Respect Orders
Under the 2014 Act, powers available to the police and local agencies to tackle ASB largely comprise of civil injunctions and Criminal Behavioural Orders (CBOs). Whilst these are useful, breach of a civil injunction is not a criminal offence, meaning that unless a Power of Arrest is attached by the Court, the police cannot arrest if the offender refuses to comply with its requirements. Breach of a CBO does carry a power of arrest; a CBO is only granted following conviction for a criminal offence. Additionally, no positive requirements can be attached to a CBO.
The Crime and Policing Bill looks to replace civil injunctions and CBOs with a new “Respect Order”. Like a CBO, breach of a Respect Order would be a criminal offence, providing a powerful deterrent effect. It would also have the flexibility of a civil injunction, with a Court being able to attach positive and rehabilitative requirements to it, designed to reduce incidents of ASB.
On a practical note, the Respect Order would be issued by the civil courts and would apply to adult offenders only. It would be piloted before national roll out to ensure it is effective.
Changes to existing powers
Closure Orders
The Crime and Policing Bill proposes amendments to the existing Closure Order, which aims to protect communities by closing premises that are causing, or being used to cause, a nuisance or disorder. The Bill would extend the timeframe that local agencies have to apply for a Closure Order from 48 hours after service of a closure notice, to 72 hours. Furthermore, the power to apply for a Closure Order would apply to social housing providers. Landlords are often the first to become aware of ASB, this would enable quicker action to be taken.
Dispersal Orders
The exclusion period within which, following a Dispersal Order, an offender will be unable to return to a specified area, would be extended under the Bill from 48 hours to 72 hours, with a mandatory review occurring at the 48 hour mark. This would enable social housing providers to seek dispersal directions that will apply over longer periods, such as weekends.
The Public Space Protection Order (PSPO) and Community Protection Notice (CPN)
As you may be aware, a PSPO is designed to prevent ASB from being committed in a public space, whilst a CPN is intended to stop persons committing ASB that is having a detrimental impact on the life of the community. The Crime and Policing Bill would increase the upper limit for a fixed penalty notice for breaches of both of these notices from £100 to £500.
Under the Community Safety Accreditation Scheme (CSAS), organisations involved in community safety (which includes local authorities and housing associations) may be accredited under Part 5 of the Police Reform Act 2002 as CSAS officers and given a range of powers that are usually only available to the police. The Crime and Policing Bill would increase the powers available to CSAS officers to tackle ASB by enabling them to issue fixed penalty notices for breaches of a PSPO or a CPN.
If you have any questions about ASB, please do not hesitate to contact one of our expert Social Housing Lawyers.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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