Our Next Free Webinar & A Bumper Insights Edition…

In this Edition:

Sign Up To Our Latest Free Webinar To Discuss The Cannabis Industry Council – Guidance For Tenants & Landlords On Prescription Cannabis & ASB.
ASB Resources For You – Nearly Legal Blog on Section 21 Claims & Forced Entry Legalities From Clarke Wilmott Solicitors
The Crime & Policing Bill – Insight from St Ives Chambers, New Published Briefings & Our Roundtable Survey
Rare High Court Judgement On Closure Orders
Coming Soon: Our New Course – The Impact Of Bias On ASB Casework
ASB In The News
This Weeks Top Tip: Optimise Your Hearsay Evidence
Janine & Darren’s Weekly Round Up

Managing Prescription Cannabis Use in Housing – New Guidance & Upcoming Free Webinar

The use of prescription cannabis in residential settings is raising important questions for ASB and housing professionals. With over 45,000 people now prescribed Cannabis-Based Products for Medicinal Use (CBPMs), a number expected to rise to 60,000 by the end of 2024, landlords and enforcement officers are encountering new challenges in balancing the rights of individuals with the wider impact on communities.

To provide much-needed clarity, the Cannabis Industry Council has published new guidance, addressing key concerns such as:

Balancing rights and responsibilities – Where does the Equality Act come in, and how does it impact enforcement?
Clarifying responsibility – Should action sit with housing providers, local authorities, or police?
Managing complaints and expectations – How can cases be handled fairly and effectively?
Understanding legal considerations – What does this mean for tenancy agreements and policy decisions?

You can download the guidance document here

To explore these issues further, Green & Burton ASB Associates is hosting a practical roundtable discussion to examine the real-world implications of the guidance and share best practice solutions. In collaboration with ASB Help, Clarke Willmott Solicitors and with kind sponsorship from the team at React, we are looking forward to bringing this really important issue into a live forum to discuss.

Webinar: Prescription Cannabis & ASB – What Can We Actually Do?

Date: 02.04.25
Time: 9am – 10am
Location: Online via Teams

The discussion will be chaired by Janine Green and feature expert insights from:

Charlie Hamilton-Kay – Deputy CEO, ASB Help
Jo Grimshaw – Head of ASB, Surrey Police
Lindsay Felstead – Partner, Clarke Willmott
TBC – Representative from a medical cannabis service

This session is designed to help ASB and housing professionals gain clarity, ask key questions, and leave with practical takeaways to navigate this evolving issue.

To secure your place get registered:

ASB Resources For You

Starter Tenancies, Extensions & Section 21 – An ASB Case in Focus By Giles Peaker – Nearly Legal

A recent case covered by Nearly Legal has highlighted some of the complexities around starter tenancies, tenancy extensions, and the use of Section 21 in ASB cases. The ruling raises important considerations for landlords and ASB practitioners when managing tenancy enforcement, particularly where ASB allegations are involved.

This case is a must-read for those navigating ASB-related possession claims, offering valuable insights into how courts are interpreting key legal provisions.

Read the full analysis here: Starter Tenancies, Extensions & Section 21 Claims – An ASB Case

Forced Entry & Access Injunctions – Understanding the Legalities – Emily Hope - Clarke Wilmott

A new article from Clarke Willmott explores the legal framework around forced entry and access injunctions, shedding light on what landlords and ASB professionals need to know when seeking access to properties.

With access injunctions being a key tool in cases involving property safety, repairs, and ASB enforcement, understanding the legal boundaries and requirements is essential to ensure compliance and avoid unnecessary challenges.

Read the full article here: Breaking In? The Legalities of Forced Entry in Access Injunctions

The Crime & Policing Bill – Keeping You Informed

The Crime and Policing Bill 2025 continues to progress through Parliament, which could bring significant changes to the way ASB is managed and enforced. This week we are sharing two key publications that provide further insights into the Bill and its potential implications.

House of Commons Briefing Paper – The latest research briefing has been published, offering a detailed breakdown of the Bill’s provisions, including new ASB measures such as Respect Orders, extended Closure Powers for social landlords, and changes to ASB Case Reviews. This document provides essential context for those seeking to understand the legal and operational impact of the proposals. Read the document here

St Ives Chambers Legal Analysis – Leading legal professionals at St Ives Chambers have provided expert insight into what the Bill means for ASB case management and enforcement. Their analysis explores how the proposed changes could reshape the use of legal powers, the balance between prevention and enforcement, and the practical challenges that may arise when implementing these new measures. Access The Analysis Here

The ASB Roundtable Survey – We Need Your Input

Following our recent ASB Roundtable in London, we’re expanding the conversation to hear from even more ASB practitioners across the sector. With the bill proposing significant changes to ASB enforcement, we have partnered with JUSTICE to create a survey where you can ensure that your experiences, insights, and concerns are captured in a formal response to government.

This survey will help us:

Gather views on the proposed Respect Orders, Youth Injunctions, and Housing Injunctions
Assess the potential impact of expanded Closure Powers for social landlords
Understand practitioner perspectives on enforcement vs. prevention in ASB management
Identify key challenges in multi-agency working and case resolution

Your input will shape our official recommendations to policymakers, ensuring the realities of frontline ASB work are properly understood. Take part now and have your say on the future of ASB enforcement. The deadline for submissions is the 29th March – we appreciate it is a tight turnaround – we would really like to get our collective thoughts submitted in a timely manner as the bill progresses. If you would prefer to give your thoughts directly then please do feel free to email janine@greenandburtonasb.co.uk – the inbox is open for candid discussions!

High Court Ruling on Closure Orders – What It Means for ASB Practitioners

A rare High Court judgment has been handed down on the use of Closure Orders, providing important legal clarity on their application and reinforcing the serious impact of ASB on communities.

Closure Orders, issued under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014, allow properties to be closed where they are associated with persistent ASB, disorder, or nuisance. While widely used, legal challenges to Closure Orders reaching the High Court are uncommon, making this ruling particularly significant.

Key takeaways from the judgment of Chief Constable of Humberside Police -v- Kelly Morgan [2024]:

The High Court reaffirmed the broad discretionary powers available when imposing Closure Orders, reinforcing their use as a key ASB enforcement tool.
The ruling highlights the need for clear evidence of harm and ongoing nuisance to justify the use of these powers.
Procedural compliance is essential, ensuring that applications meet legal thresholds and are supported by robust casework.
The judgment also considers the balance between enforcement and proportionality, raising important points for practitioners managing complex ASB cases.

This decision serves as a timely reminder for local authorities, police, and housing providers to ensure their case preparation and evidence gathering are watertight when seeking Closure Orders.

Read the full analysis from Weightmans By Clicking Here

Coming Soon: The Impact of Bias on ASB Casework – New Training Course

How do unconscious biases shape ASB case management decisions? Could they be influencing risk assessments, enforcement choices, or even how complaints are prioritised?

We all like to think we make fair and objective decisions, but unconscious bias exists in all of us – shaped by our experiences, perceptions, and the environments we work in. In ASB casework, unchecked bias can impact how incidents are assessed, how different individuals are treated, and ultimately, the outcomes for both victims and those accused of ASB.

That’s why we’re introducing a brand-new training course designed to help ASB practitioners:

Recognise where and how bias can show up in casework
Identify strategies to challenge and mitigate unconscious bias
Ensure decisions are fair, consistent, and evidence-based
Build greater confidence in handling complex cases objectively

This course is perfect for anyone involved in ASB investigations, case management, enforcement, or community safety – offering practical tools and real-world insights to improve decision-making and build trust with residents.

ASB In The News

ASB In The News

This week’s headlines highlight recurring themes in ASB enforcement, prevention, and response across the UK. From dispersal orders and Criminal Behaviour Orders to police crackdowns and council-led initiatives, here’s what’s making the news:

Surrey – Epsom police launch a major crackdown on anti-social behaviour in the town.
Hampshire – Man banned from town centre after persistent anti-social behaviour.
Norfolk – Labour MP states anti-social behaviour will not be tolerated as concerns grow.
Hampshire – Man, 33, handed a Criminal Behaviour Order after repeat ASB incidents in Farnborough.
Devon – Council takes action to tackle anti-social drinking in public spaces.
Wales – Saundersfoot councillors work with PCSOs and residents to combat ASB in the community.
Blackpool – The town’s ASB hotspots revealed as authorities assess problem areas.
Surrey – ASB crackdown leads to 93 charges, with police taking strong enforcement action.
Chichester – Police issue a Section 34 Dispersal Order in Chichester city centre to tackle ASB.

Have you got a case study that you would like to share with us? Check out our case study programme to submit your story and be featured on our website and social media.

This Weeks Top Tip: Optimise Your Hearsay Evidence

This weeks top tip comes from associate Katy Anderson who has been delivering training this week on hearsay evidence…

“Most of us are aware that hearsay evidence is admissible in civil proceedings and is an important feature in serious ASB cases, where an officer can give evidence on behalf of a resident or community who may feel too frightened to do so directly.

However, whilst hearsay is admissible, the Court will decide how much weight to give to the evidence. When putting our witness statements together, it is important to craft them in a way that ensures maximum weight is given.

So how can we do this? Here at Green & Burton ASB Associates we always recommend familiarising yourself with section 4 of the Civil Evidence Act.

There are the principles that the Court will consider when deciding how much weight to afford the hearsay evidence relied upon.

Avoid using multiple hearsay
Explain why the person is not in court themselves
Exhibit any contemporaneous notes which the person may have completed
Try and corroborate the hearsay with other sources of evidence”

Do you need a little more help with this? Check out our e-learning course on the subject or contact us about arranging live training!

Janine & Darren’s Weekly Round-Up

Another busy week in the world of ASB, with important legal developments, new guidance, and sector-wide discussions shaping the landscape. Here’s what is on our radar:

The Crime & Policing Bill – The latest briefings and legal insights continue to generate debate. Respect Orders, extended Closure Powers, and changes to ASB Case Reviews could have far-reaching consequences, but how will they work in practice? The ASB Roundtable Survey is now open, giving practitioners like you the chance to share your views and help shape the conversation. Please do get involved!
New challenges around prescription cannabis and ASB – The Cannabis Industry Council has issued guidance on managing prescription cannabis use in residential settings, raising complex questions for ASB teams, landlords, and enforcement agencies. To explore the real-world implications, we’re looking forward to hosting the free webinar next month, bringing together sector specialists to discuss practical solutions, so don’t forget to sign up.
With so many changes impacting ASB casework, now is the time to ensure teams are up to speed – especially if you have any budget left near year end. From our upcoming training on the impact of bias in ASB case management to flexible E-learning bundles, there are opportunities to refresh knowledge and enhance skills in a way that fits around busy workloads.

If you have thoughts on any of this week’s updates, we’d love to hear from you. Get in touch or join the discussion in our upcoming events.

Have a great rest of the week!

Janine & Darren