03/03/2025
The Crime and Policing Bill 2025 (“the Bill”) was introduced into the Parliamentary process on 25 February 2025. The Government’s aim is to help rebuild the public’s confidence in policing with more powers to respond quickly to criminal activity, as well as tacking anti-social behaviour (ASB) and violence against women and girls.
This article looks at the introduction of several key measures that directly impact housing providers, to address ASB and related issues within communities.
Introduction of Respect Orders
The Bill introduces a new criminal behaviour order called a Respect Order, designed to tackle persistent ASB. These orders can be applied for to the County Court or High Court by relevant authorities, including housing providers, to individuals over 18 years old who engage in ASB affecting housing management functions. ASB is defined as “conduct that has caused or is likely to cause harassment, alarm or distress to any person”. The standard of proof is the balance of probabilities, and the court must consider it just and convenient to make the order. Respect Orders may include prohibitions and requirements to prevent further ASB, and address underlying causes such as substance abuse.
Prior to making an application for a Respect Order, a risk assessment must be completed by the applicant (including reference to risks caused to victims by the behaviour, any vulnerabilities of the respondent, and any alternative methods that have been tried and/or considered prior to the issuing of the application.
Breach of a Respect Order constitutes a criminal offence.
Enhanced Powers for Housing Providers
Housing providers are granted extended powers to issue closure notices in the cases of persistent ASB, which were previously only available to the police and local authorities. This change is intended to enable housing providers to act more swiftly and effectively in addressing ASB within their properties, a move that will be welcomed by the sector.
ASB Case Review and Duty to Report ASB Data
A duty is imposed on the Police to promote awareness of the ASB Case Review in their areas. Previously known as the Community Trigger, the ASB Case Review is a formal process whereby victims of ASB can apply for an independent review of their case.
The Bill imposes a duty on housing providers to report specified ASB data to the Home Office, including how the providers use the ASB powers, the volume of ASB reports made and how many ASB Case Reviews the provider conducts. The aim is for the Government to improve their understanding of ASB trends and the effectiveness of interventions to combat ASB.
Powers to Tackle Fly-Tipping
Local authorities are given increased powers to tackle fly-tipping, including the power to search and seize vehicles linked to fly-tipping offences, the power to issue fixed penalty notices of up to £1,000 for fly-tipping and £600 for breaches of the household waste duty of care, associated powers of investigation and bringing about prosecutions.
Child Criminal Exploitation and Cuckooing
The Bill includes provisions to address offences relating to child criminal exploitation and cuckooing.
A new bespoke criminal offence of “cuckooing” has been created to address situations where criminals have taken control over the home of another (usually vulnerable) person to use it for criminal activity. Housing providers are encouraged to collaborate with law enforcement to identify and support victims, ensuring safer living environments for all residents.
These measures collectively are intended to enhance the capacity of housing providers to maintain safe and secure communities by addressing ASB and related criminal activities more effectively.
We will be monitoring the progress of the Bill as it moves towards enactment and will update further as key provisions are clarified. Our team can assist all providers with their preparations for in readiness for a change in working practices.
