Government Anti-Social Behaviour Action Plan to see offenders deprioritised for social housing, explore “3 strikes and you’re out” eviction expectation

March 28, 2023

The Government is to set out a clear expectation that previous anti-social behaviour offenders are deprioritised for social housing, as part of its Anti-Social Behaviour Action Plan published yesterday (27 March).

The Action Plan, which can be viewed here, promises to “strengthen the position of all social landlords” by:

a) updating statutory social housing allocations guidance (‘Allocation of Accommodation guidance’) to be clear that evidence of committing anti-social behaviour “can and should be used to de-prioritise anti-social behaviour perpetrators, who should be at the back of the queue for social housing”; and

b) speeding up the process of removing anti-social behaviour perpetrators from their communities by exploring a “3 strikes and you’re out” eviction expectation for all social landlords, “meaning 3 proven instances of anti-social behaviour followed by three warnings from your landlord. After 3 strikes, the government thinks it is right that you face eviction and should be deprioritised for further social housing and will work with the sector to achieve this.”

The Action Plan will also seek to halve the delay between a private landlord serving notice for anti-social behaviour and eviction and broaden the disruptive and harmful activities that can lead to eviction.

The Government will look to speed up the process of evicting an anti-social tenant by working with HM Courts and Tribunals Service “to explore how to prioritise anti-social behaviour cases in Possession Lists in the courts”.

A consultation will meanwhile be held shortly on a new registration scheme giving local authorities the data to identify short-term lets in their area. “If a let proves problematic, they can take action against guests and owners," the Action Plan said.

The Government will also hold consultations on expanding closure powers by extending them to housing providers, and on making ‘cuckooing’ a criminal offence.

Other proposed measures in the Action Plan include:

The provision of dedicated funding to support Police and Crime Commissioners, working with councils and others, to target enforcement in the areas where anti-social behaviour is most prevalent in their communities. Initially, the Government will support 10 trailblazer areas, scaling up to hotspot enforcement across all forces in England and Wales in 2024. Hotspot trailblazer areas will see an increase in police presence alongside other uniformed authority figures, such as wardens, in problem areas for anti-social behaviour, including public transport, high streets or parks.
Requiring perpetrators of anti-social behaviour to repair the damage they inflicted on victims and communities, with the ambition of reparative work starting within 48 hours of them being given a disposal by the police. “Perpetrators will clean up graffiti and pick litter and wash police cars while wearing jumpsuits or high-vis vests, and under supervision – with communities given a say over the consequences they face through direct consultation.”
The launch of a new digital tool “so members of the public can have a simple and clear route to report anti-social behaviour, receive updates on the outcome of their case, find guidance, and challenge where they do not think this is satisfactory”.
A ban on nitrous oxide, also called laughing gas, “to put an end to intimidating groups of young people littering local parks with empty cannisters”.
The introduction of new laws to replace the Vagrancy Act “which will give the police and local authorities new tools to address begging where it causes nuisance to others, such as begging at cash points or approaching cars at traffic lights”. Organised begging will be prohibited.
The introduction of new powers for the police and local authorities to address rough sleeping and other street activity “where it is causing a public nuisance, such as by obstruction of doorways and pavements, and to clear the debris, tents and paraphernalia that can blight an area, while ensuring those genuinely homeless and with complex needs are directed to appropriate support".
An increase in the upper limits of on-the-spot fines to £1,000 for fly-tipping and £500 for litter and graffiti; with more of these fines handed out to offenders.
One million extra hours of youth support will be made available in anti-social behaviour hotspots “and we will invest more to intervene early with at risk young people via 1-1 support”.
Councils will be able to take control quickly of buildings through ‘High Street Rental Auctions’. The Government will make £2m available to help communities and local businesses take control of these properties by covering the cost of refurbishing properties, the auction and council fees.
The introduction of unlimited fines for irresponsible landlords and building owners “who allow their properties to fall into disrepair and for anti-social behaviour to thrive”, ie who do not comply with a section 215 Town and Country Planning Act 1990 order.
The production of guidance highlighting the links between good design and reducing anti-social behaviour once the amended National Planning Policy Framework (NPPF) is published and the Levelling Up Regeneration Bill is in place. “This could include more street lighting and CCTV.” The Government will also consult on whether the NPPF should explicitly refer to the need for planning policies and decisions to reduce anti-social behaviour.
Changes to the Empty Dwelling Management Order regime, cutting the minimum time period for action from 2 years to 6 months specifically for properties which have become a magnet for anti-social behaviour or occupied by squatters.

Prime Minister Rishi Sunak said: “Anti-social behaviour undermines the basic right of people to feel safe in the place they call home.

“The public have rightly had enough – which is why I am determined to restore people’s confidence that those responsible will be quickly and visibly punished.

“This action plan maps out how we will tackle this issue with the urgency it deserves and stamp out these crimes once and for all – so that wherever you live, you can feel safe in, and proud of your community.”

Secretary of State for Levelling Up, Housing and Communities Michael Gove said: “Anti-social behaviour erodes local pride, blights our high streets and parks and is a stain on too many communities across the country.

“We know that it is more likely to flourish in areas that have, for too long, been overlooked and undervalued.

“This government was elected on a mandate to deliver change for those communities, and that is why the Anti-Social Behaviour Action Plan is critical. So we will intervene directly to prevent high street dereliction. We will deliver tougher, quicker and more visible justice to prevent thuggish behaviour in town centres and we will ensure young people have the opportunities and activities available to them to succeed - all backed by new investment.”

Responding to the announcement of the Government’s Anti-Social Behaviour Action Plan, Cllr Nesil Caliskan, Chair of the Local Government Association’s Safer and Stronger Communities Board, said: “We look forward to seeing more details of how the action plan will work in practice, for example how the ban on nitrous oxide will be enforced and what support there will be for council trading standards teams.

“Councils are committed to working with their partners and communities to prevent anti-social behaviour and protect residents from offenders who can make the lives of the people they target a misery.

“With much of the plan enforcement-focussed, councils will always take a balanced and proportionate approach to using the tools at their disposal to tackle crime and anti-social behaviour.

“However, where ASB tools and powers are used, this often requires a policing or community safety officer presence to enforce the restrictions, and so it is vital government ensures this and all measures in the plan are adequately resourced.”