ASBO question
I overheard a conversation last night and was sort of only half listening to it, but does anyone know if an ASBO complaint was made against someone, would that someone get notification of the complaint or is the order just issued?
From what I was hearing, it seemed that the court looks at the evidence and makes the order, there didn't seem to be any chance for the other party to have their say, which didn't sound right.
I don't know but maybe someone here has experience of having one issued or maybe even getting one?
From what I was hearing, it seemed that the court looks at the evidence and makes the order, there didn't seem to be any chance for the other party to have their say, which didn't sound right.
I don't know but maybe someone here has experience of having one issued or maybe even getting one?
Post edited by Spex on
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MILES your wanted, lol
So was your cousin aware that someone had complained? Or was the first they knew things had gone that far was when a summons appeared?
What I'm asking really is if say, a complaint was made about someone, would they know the compaint had been made so they had a chance to stop doing what they were doing?
Well yes, they would know when they receive their summons to appear in court. By then it's too late though, they can't just say "I'm not going to court because I've been a good boy/girl since receiving my summons" - they have to appear in court, if they don't then it becomes another offence (failure to appear) and there'll probably be a warrant issued for their arrest. You can respond to a summons in writing, but I'm pretty sure you still have to appear in court, unless you are unable to appear for a good reason (a disability for example).
So is it the same with an ASBO?
Sorry, yes, the housing association/council responsible for them will notify them that a complaint has been made and, like you say, if the problem persists then it can be taken further.
If it doesn't persist, then that's the problem sorted. :smile:
But the writing was on the wall. My mother, who had been looking after him since his mother died had received letters telling her that he had been seen 'engaging in anti-social behavior' such as underage smoking and drinking.
Spex isn't referring to an ASBO yet though (which is what confused me) - he's simply referring to complaints made against a neighbour/resident. It's not an ASBO until the council/housing association decide to take it thus far, at which point they serve the defendant with a court summons.
First step is usually a visit and a chat, next step is an ABC (Acceptable Behavior Contract), then ASBO
I wasn't aware of that. Short of the pop group (and alphabet), I'v never heard of ABC... ;)
It's a housing association thing, they get both partys to sign it. I refused to sign it, as I was the victim, and basicly it was one step away from eviction. I dealt with the problem neighbours in other ways.