Anti-Social Behaviour Procedures 2026 to 2029

Contents

Scope and purpose of the procedure document

1. This document is one of two documents that tells you about Oxford City Council’s anti-social behaviour (ASB) responsibilities and what we do to prevent and investigate ASB.  This Procedure document explains how we manage your case should you report an ASB problem to the Council.

2. Our Anti-Social Behaviour Policy and Corporate Enforcement Policy should be read alongside this document and tells you what we mean by ‘anti-social behaviour’ and sets out the principles of our ASB service. 
The Council’s responsibilities.

Back to top ↩

The Council’s responsibilities

3. OCC believes that no-one should tolerate anti-social behaviour and will use tools and powers available to local authorities, where appropriate, to address all forms of nuisance.  

4. These powers arise from three complementary roles:

  • As a Responsible Authority for the Oxford Safer Communities Partnership 
  • As a landlord
  • As an environmental protection champion

5. Anti-social behaviour refers to nuisance, disorderly behaviour, intimidation or harassment that impact on a person’s quality of life.

6. For ASB cases within other social landlords’ and private landlords’ properties the Council will not lead the case investigation but offer support and assistance, unless there are exceptional circumstances or we have a statutory duty to investigate, for example, statutory nuisance offences.

7. The Council is not an emergency response service.  Incidents where there is an immediate risk of harm to person or property must be reported to the police or other appropriate emergency service.  

8. Incidents of a criminal nature must be reported to the police, for example, drug dealing.  The police are the lead response and investigatory service for criminal offences.  The Council work closely with the police and will consider criminal behaviours when investigating an anti-social behaviour case.

Back to top ↩

Stages of an investigation

9. Many incidents of anti-social behaviour can be resolved between the parties with no involvement by the Council or other agency. Where appropriate, the Council will encourage mediation between both parties.

10. Where suitable, referrals to diversion activities, support agencies, mediation and mentoring will be recommended.  Many cases of anti-social behaviour are resolved informally through additional support by partners and community organisations.

11. Not all anti-social behaviour cases will follow the process set out below; however these stages are used as a guide to ensure that our investigations are robust and proportionate to the nature of the case.  A case whose seriousness increases rapidly may result in moving straight to emergency court action, particularly where there is a serious threat of violence.  The key stages to case investigation are:

  • Reporting. On receipt of the initial report the case is allocated to the appropriate team, based on the nature of the report.
  • Initial contact with the source of the complaint, investigation and evidence gathering
  • Early intervention and the involvement of support services
  • Enforcement activities and possible court actions
  • Case closure

Back to top ↩

Housing-related remedies for Council tenants

12. Early intervention techniques including accessing relevant support agencies, mediation, warning letters and voluntary Acceptable Behaviour Contracts (ABCs). There are cases where these remedies either do not work or need to have enforcement activities running alongside them. Listed below are the most commonly used tools to address anti-social behaviour.

Introductory tenancies

13. Introductory Tenancies are a “trial” tenancy where, if there are no problems with the tenancy after a year, the tenant will move onto a more secure form of tenancy agreement. The Council will adhere to the legal process set out for dealing with ASB related Introductory Tenancies. Options if the Introductory Tenancy is not successful are:

  • Extension of Introductory Tenancies
  • Termination of Introductory Tenancies
  • Final Warnings
  • Possession proceedings

Secure/Assured/Licence Tenancies

14. This is the most common form of tenancy and if the tenancy agreement is breached, can be dealt with using:

  • Written warnings
  • Demoted tenancies. A demoted tenancy is a less secure form of tenancy. ASB can result in the tenant being served a Demotion Notice and the Council making a court application for a Demotion Order. Demotion tenancies generally last for a period of 12-18 months.
  • Possession proceedings

Possession Proceedings

15. The council can consider applying to the court to repossess a tenant’s home where the perpetrator of anti-social behaviour is a council tenant or someone living with or visiting a tenant.  The behaviour complained of is a breach of the terms of the tenancy agreement, or, in the case of secure tenants, one of the grounds for possession as defined by the Housing Act 1985 applies. 

16. The grounds for possession can include where the tenant or a person living with or visiting the tenant is guilty of anti-social behaviour.  The court must be satisfied that it is reasonable to evict the tenant based on the level of evidence.
Absolute Grounds for Possession

Absolute Grounds for Possession

17. Absolute Grounds for Possession were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014. If one of the following five conditions is met the court must make an order for possession:

  • the tenant, a member of the tenant’s household or a person visiting the property has been convicted for a serious offence;
  • the tenant, a member of the tenant’s household or a person visiting the property has been found by a court to have breached an injunction to prevent anti-social behaviour;
  • the tenant, a member of the tenant’s household or a person visiting the property has been convicted for breaching a criminal behaviour order;
  • the tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour; or
  • the tenant, a member of the tenant’s household or a person visiting the property has been convicted for breaching a noise abatement notice or order (convictions in practice are exceptional and are likely to relate to very serious noise issues).

18. Application for possession will be a last resort due to the negative impact of homelessness, and particularly where there is likely to be serious harm to the mental health of the tenant. Examples of cases where eviction would be considered include:

  • Dealing/supplying/cultivation of drugs from council property;
  • Using violence or severe intimidation against neighbours or staff;
  • Using council property for serious criminal activity;
  • Where properties have been closed using anti-social behaviour closure powers;
  • Where the anti-social behaviour is persistent and other attempts to prevent it have failed.

Back to top ↩

Anti-Social Behaviour tools and powers

19. Prior to formal enforcement action, the case officer will ensure all reasonable steps have been taken to identify vulnerabilities and safeguarding needs, and that all appropriate supportive actions have been considered. 

20. Our policy is to take the lowest level of intervention suitable to the case.  Often matters can be resolved by explaining the impact of a person’s behaviour on others.  Verbal or written warnings may be used. Officers have discretion to take more invasive actions as are proportionally required in each case in order to prevent harm or risk to public health.

21. In complex cases enforcement options will be discussed with the Council’s Legal Services Team. The Case Officer will compile a full case file with all documentary evidence obtained during the investigation. This will include all available evidence such as photographs, statements, letters, ABCs, Cautions and CCTV evidence. In these complex cases, all draft legal notices will be sent to Legal Services for their approval, prior to serving.  

22. All complex cases that involve homeless or vulnerably housed people or may bring a significant media attention on the Council will be signed off at Service Manager level or above.

23. Managers will provide advice and guidance in relation to appropriate legal measures, taking account of the perpetrator’s age, tenure, vulnerabilities, protected characteristics and the seriousness of the case. Proportionate responses to protecting complainants, victims and communities may mean that a perpetrator with protected characteristics is enforced against. Where there is enforcement action and a negative impact is identified on a person with a protected characteristic, mitigations will be considered that are proportionate to the anti-social behaviour. Enforcement action may involve legal tools and powers including possession of property action (where the premises is a council property) if proportionate to the seriousness of the anti-social behaviour of the perpetrator.   Before taking such action there will be consideration of the negative impact of this on any person with protected characteristics and mitigations will be considered.   

24. In line with Home Office guidance, no enforcement action will take place if it would result in an individual being disproportionately and unreasonably affected.  Reasonable steps will be made to obtain relevant information and advice on a person’s vulnerabilities from support agencies, which may include outreach teams, GPs, mental health services, housing providers and the police. 

25. Graffiti deemed to be racist, hate related, against a persons Protected Characteristics, inflammatory, inciteful or that is considered to be offensive; will be reported to be covered or removed by Oxford Direct Services.

26. Additional future tools and powers may be created by the Government, Home Office or other authority in respect of new or amended: legislation, statute, orders, regulations or further advisory documents. These will be incorporated into these Procedures as appropriate when available to use.

Civil Injunction

27. The ASB, Crime and Policing Act 2014 introduced a Civil Injunction granted by the County Court. It is available for perpetrators of ASB aged 10 years or over. There is no minimum and maximum term for an injunction for adults but for under 18s, the maximum term is 12 months, and the local Youth Offending Team must be consulted.

28. The Injunction can include positive requirements which are relevant to getting the perpetrator to address underlying reasons for their ASB.  A power of arrest can be attached if violence has or is threatened, or there is significant risk of harm to others.

29. Breach of an injunction is a contempt of court and not a criminal offence. However, the county court can still apply serious sanctions including prison.

s.152 Housing Act 1996 Injunction

30. This injunction is granted by the County court in order to prohibit a person from engaging in or threatening to engage in conduct causing or likely to cause a nuisance or annoyance to a person residing in, visiting or otherwise engaging in a lawful activity in residential premises. This also includes using the premises for immoral or illegal purposes. A power of arrest (s.153) can be attached.

31. In very serious cases it may be possible to apply for an Interim Injunction whereby the court issues the injunction without the need for the perpetrator to be at the hearing.  A full hearing is scheduled for a later date.

Injunctions for trespass

32. The Council can send a prohibition letter banning individuals from entering council-owned land. If the letter is ignored this will be trespass and the Council can apply for an injunction banning the individual from continuing the trespass.

Injunctions under s.222 Local Government Act 1972

33. The Council can use the authority of s.222 Local Government Act 1972 to bring proceedings in the County Court to prohibit a person from continuing to cause a public nuisance, if it can be shown that it is expedient for the promotion or protection of the interests of the inhabitants of the area.

Closure Notices and Closure Orders

34. The Council can issue a Closure Notice and if relevant apply for a Closure Order for a premises that is the cause of significant and persistent disorder, or persistent serious nuisance to a community. The Closure Notice lasts for a maximum period of 48hrs if signed by a police Superintendent or Senior Council Official, and 24 hours if signed by a police Inspector. A Notice can prohibit everyone from the premises or allow access to certain people, for example, the people who habitually live on the premises and the owner of the premises. A Closure Order is issued by the court and the application must be made within 48hrs of the issuing of a Closure Notice. The closure period is three months and can be extended to a maximum of 6 months.

Seizure of sound equipment

35. Section 10(7) of the Noise Act 1996 confirms the power of a local authority to abate any statutory noise nuisance by seizing and removing equipment used in the emission of the noise in question.

Seizure of vehicles

36. Vehicles may be seized under different legislation dependant on the offence, including if the vehicle is making a statutory noise nuisance with its alarm system. Legislation to control waste offences; The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015 section 5 of the Control of Pollution Amendment Act 1989, section 34B of the Environmental Protection Act 1990.

Environmental Protection Act 1990

37. The Environmental Protection Act 1990 provides the legal framework for the management of litter, domestic and commercial waste disposal, and duty of care responsibilities.  Section 79 and 80 of the Act contains public health and statutory nuisance definitions and provisions for legal action.

Community Protection Notices

38. Community Protection Notices (CPNs) can be issued to stop a person, aged 16 or over, business or organisation from causing anti-social behaviour.  The behaviour must be unreasonable, persistent and has a detrimental effect on the quality of life of those in the locality.  A warning of a CPN (CPW) must be issued first, followed by the CPN if the behaviour continues. Failure to adhere to the CPN can result in a fixed penalty notice, prosecution at court or the Council can undertake remedial action. The CPN can include positive requirements on the person or organisation, although the Council cannot prosecute for breaches of positive requirements.

39. CPNs are most commonly used for environmental crimes and noise complaints. For the less complex cases a set of common prohibitions are available for case officers to use. Complex cases involving more bespoke prohibitions the CPWs and CPNs are agreed with Legal Services as set out in paragraph 7.2. Remedial actions can be taken and a court can issue seizure or remedial orders.

Public Spaces Protection Order (PSPO)

40. PSPOs are designed to deter anti-social behaviour in public spaces by placing conditions on the use of the area.  Breaches of a PSPO will usually result in officers issuing a verbal warning, often alongside an information sheet that explains the Order in more detail.  Further breaches can result in the issuing of a fixed penalty notice or prosecution at court. Current PSPOs can be found on the Oxford City Council website.

Criminal Behaviour Orders (CBO)

41. Available to the Crown Prosecution Service and Local Authorities, these Orders can be applied for on conviction of a criminal offence and are designed to curb the behaviour of perpetrators of persistent ASB and criminality.  The Council may apply for a CBO when a person is convicted of breaching a CPN, PSPO, Environmental Protection Act 1990, S80 abatement notice, bye-law or other criminal offence the Council has the power to prosecute.

Back to top ↩

Evidence gathering

42. The Council will not normally investigate anonymous complaints.  It is important for us to be able to speak to a complainant about the behaviour they are concerned about.

43. We will not disclose a complainant’s personal details to the alleged perpetrator of the behaviour.  Where it is necessary to speak to the alleged perpetrator, the complainant will be advised prior to a contact.

44. In order to investigate reports of anti-social behaviour we are evidence-led and rely on evidence supplied by complainants and witnesses.  We will not investigate cases where no evidence or details of the case is provided. 

45. It is essential that high quality evidence is gathered at an early stage to ensure risks are identified, the correct courses of actions are taken, support agencies are involved and, if necessary, court files prepared. Case officers will ensure all investigations are thorough and all avenues of potential evidence are explored to determine the most effective means to resolve complaints of ASB.  

46. This information is recorded on the ASB case management system.  Any evidence provided in support of an anti-social behaviour case may be used as evidence in legal proceedings, where appropriate. 

47. The Council do not support invasive evidence gathering by members of the public.  Where such techniques are considered to be anti-social or acts of harassment or intimidation, we will consider taking action against the party involved.  The Information Commissioner’s Office has some useful advice on the use of private CCTV systems which explain the rights and limitations of using this type of evidence gathering.

Statements

48. Witness Statements can be taken from any person over the age of 10 years, but for anyone under 18 an appropriate adult is advised. Persons under 18 years are entitled to special measures and best evidence principles should be considered. Everyone who gives a statement is liable for cross examination in court unless the defence have accepted the evidence as per section 9 of the Criminal Justice Act 1972.

49. A victim personal statement should always be included in all case files.

Community Harm Statements

50. May be used, where appropriate, in order to highlight the harm an individual’s behaviour is having on the wider community. Statements may be exhibited as part of legal proceedings or may be used as part of non-legal interventions.

51. Professional witnesses can be used in situations of harassment, threat or intimidation where a witness is not prepared to make a statement.

The Noise App

52. The ASB service has signed up to the RHE Noise App which allows individuals to download the app free of charge onto their smart phones. Noise can then be recorded and digitally diarised over a two week period. During this period the digital diary will be accessed by an allocated case officer from the ASB service and a relevant investigation plan formulated.

Incident diaries

53. Incident diaries will be made available to all complainants of ASB and will be:

  • provided with guidance of ‘how to complete’
  • made available in community languages where requested
  • provided with a freepost envelope, on request
  • made available digitally on request.
  • alternative methods of capturing information can be arranged if preferable.

Letter drops

54. Neighbours may be written to asking whether they would like to report any cases of anti-social behaviour or have information relating to a case. All responses are kept confidential.

Photographs

55. Photographic evidence is particularly used when prosecuting environmental offences such as dog-fouling, fly-tipping, illegal parking and incorrect presentation of domestic or commercial waste.  Caution is advised when taking photographs which can be intrusive and present a risk to the witness.

Surveillance

56. Where surveillance operations are to be used to obtain directed covert CCTV evidence, an appropriate Regulation of Investigatory Powers Act 2000 (RIPA) authorisation will be sought. Private CCTV systems are commonly used, including door bells.  Use of these systems must adhere to statutory guidance found on the Information Commissioners Office website.

Back to top ↩

Council-owned CCTV

57. CCTV can be a significant tool in the fight against ASB. The impact of CCTV can also help detect crime, as well as identifying missing persons and other public safety concerns. 

58. The ASB service has a number of redeployable overt and covert CCTV cameras available for monitoring ASB hotspot areas throughout the City and within communal areas of council owned properties. These cameras are managed by the ASB Service.

59. The Council own body-worn video (BWV) cameras for use by case officers when undertaking their evidence-gathering and investigate roles. The Council has a separate procedure for the use and management of the cameras and the data gathered, including the use of privacy zones.

60. The Council adhere to the principles set out by the Information Commissioner Office.

61. Oxford’s public space CCTV cameras are currently managed under a partnership agreement between Oxford City Council and Thames Valley Police.

62. The cameras, except those in the Park and Ride sites, are managed and monitored from the CCTV Suite in St Aldates Police Station. The cameras are located in the following places:

  • Oxford City Centre 
  • Park and Ride sites 
  • Cowley Road 
  • Temple Cowley
  • Rose Hill 
  • Wood Farm 
  • Barton 
  • Blackbird Leys
  • Oxford City Council tower blocks and some low rises.

Back to top ↩

Supporting victims and witnesses

63. When a complaint of ASB is reported to the ASB Service the case officer will explain the process, agree with the complainant how often they want to be contacted, assess the risk to them and update them as the case progresses.  

64. Every complainant will receive information on what they can expect from the case officer, how they can gather evidence, what tools and powers are available and the investigation process.

65. The case officer, if appropriate, will sign post or refer complainants to other support services.

66. To tackle ASB effectively, victims and witnesses must feel able to provide evidence in confidence and without fear.  We will discuss with the complainant their views on anonymity, particularly in regard to court hearings that usually require a witness statement and subsequent appearance at court.

67. For cases that go to court, the case officer must consider compiling a “Victim personal statement” detailing the effects of the perpetrator’s behaviour on the witness’s life. The court is obliged to take this statement into account when dealing with the offender. 

68. Officers will ensure that any instructions issued to legal representatives will include full consideration of the needs of the witness especially with regard to the availability of special measures.  Officers will always advise complainants of the final outcome of cases and of any measures aimed at preventing problems from recurring. 

69. Officers may consider a council property to be assessed for security improvements to help prevent further crime or victimisation. We will provide recommendations on an individual case basis that are reasonable and appropriate.

Back to top ↩

Information sharing arrangements

70. Information sharing arrangements are governed by the Oxfordshire Community Safety Information Sharing protocol that can be found on the Oxfordshire Insight website.  This is based on the power to share information for the prevention or detection of crime and disorder as set out in statute.  The protocol describes how data will be managed in line with data protection principles.

Back to top ↩

Logging concerns for children, young people or vulnerable adults

71. In the course of an investigation an officer may come across a person whose welfare may raise concerns.  Whether or not the subject has a direct connection to the case under investigation, it remains the duty of officers to ensure that these concerns are properly logged on the Council’s safeguarding reporting system and passed to social services through the Council’s safeguarding procedures.

Back to top ↩

Monitoring the service

72. Oxford City Council is committed to delivering a high quality anti-social behaviour service.  Our aim is to continuously improve the way we work and to acknowledge, and learn from, the occasions when the service fails to meet expectations.  

73. How we deal with ASB in the community is also monitored against an agreed set of minimum standards of performance, established in the Oxford Local Offer for ASB.  We report on our performance against these standards. 
Professional discretion.

Back to top ↩

Professional discretion

74. Our ASB policy commits us to dealing with anti-social behaviour fairly and proportionately. Our services are constantly evolving and each ASB case is unique.  When appropriate, we will use our discretion to vary our approach depending on the circumstances of the case.

Back to top ↩

Comments, compliments and complaints

75. As a service provider, Oxford City Council strives to excel in citizen satisfaction. We particularly feedback where our staff, services, policies and procedures have exceeded expectations.

76. Oxford City Council's objective is to build a world class city for everyone and excel in our service provision. We recognise that things sometimes can go wrong. When they do, we want to put them right as soon as possible and learn from what happened to develop and improve services and procedures.

77. To ensure we receive your feedback, either positive or negative, please call us on our mainline number: 01865 249811 or use our online form on our Make a comment, compliment or complaint page.

Back to top ↩

Version

Community Safety Service
Oxford City Council
Oxford Town Hall
St Aldate's
Oxford OX1 1BX

Version: December 2025

Back to top ↩

Rate this page

Happy face Neutral face Sad face