ASBOs must be precise and must specifically address a defendant’s anti-social behaviour, rules High Court

Published: 27th November 2009

The High Court has ruled in Heron v. Plymouth City Council that a term in an Anti Social Behaviour Order ("ASBO") was unenforceable because it lacked precision and was not targeted at the individual defendant's behaviour.

The Local Authority obtained an ASBO against Mr Heron in 2004. In 2009, after persistent breaches of his ASBO, the Council applied for the terms to be varied and extended to impose new prohibitions.

The Magistrates' Court made the Order as sought by the Local Authority which included a general requirement for the defendant "not to behave in any way causing or likely to cause harassment, alarm or distress to any person". Mr Heron appealed to the High Court which held that the Magistrates' Court should not have imposed this term. The Court held that for a prohibition to be enforceable, it must be precise and designed to address the defendant's anti-social behaviour. In addition the Court held that terms in ASBOs must be as simple and as clear as possible and overturned a further prohibition in Mr Heron's ASBO which failed to meet this standard.

For further information on the above, please contact Sheila Whitton, Head of Social Housing on 0161 214 0500.