17 September, 2014
The Housing Litigation Department at Forbes Solicitors has recently been successful in obtaining an Anti Social Behaviour Injunction on behalf of a large Registered Provider of Social Housing.
The Registered Provider issued proceedings against the Defendant after non legal interventions failed to curtail his anti social behaviour. The Defendant is an alcoholic with a history of violence who has previously been imprisoned for committing a serious sexual assault. Consequently, the Registered Provider had serious concerns when local residents reported that the Defendant was using inappropriate and indecent behaviour towards women. This was compounded by the fact that two such incidents had taken place at the offices of the Registered Provider in full view of staff and residents.
At the initial hearing, the application was opposed by the Defendant on mental health grounds. Forbes solicitors successfully argued that there was insufficient evidence to support the Defendant's assertions and an interim injunction and power of arrest were obtained. During the intervening period, the Registered Provider adopted a multi-agency approach in order to address the Defendant's issues with alcohol and implemented various support mechanisms.
At the final hearing in August 2014, the Judge found that the tenant had behaved in an anti social manner in the area in which he lived and was causing anguish and distress to local residents as well as to the Registered Provider's staff. A final order was made for a period of 12 months which prevented the Defendant from behaving in a drunk and disorderly manner, urinating in public, assaulting other residents, shouting and swearing and exposing his bottom or genitals. A power of arrest was also attached to the injunction.
By combining swift legal action with a multi agency approach, the Registered Provider ensured that residents and staff were protected whilst enabling the Defendant to sustain his tenancy with intensive support.
Following the hearing, Shirley Faragher of Forbes Solicitors stated 'Forbes Solicitors are delighted to have secured this outcome for our client. This is a perfect example of a Registered Provider acting in accordance with its policy and procedure and engaging other agencies to address serious ASB. The outcome in this case will hopefully reassure victims that Anti social behaviour will not be tolerated within our client's housing stock.'