Introduction of New Orders for Anti-Social Behaviour
The landscape of addressing anti-social behaviour has evolved with the introduction of new legal frameworks under the Antisocial Behaviour Crime and Policy Act 2014. The previous anti-social behaviour injunctions have been supplanted by Respect Orders, youth injunctions, and housing injunctions. These new orders enhance the existing regulatory framework while introducing robust mechanisms to address breaches, including the categorisation of such violations as criminal offences.
Respect Orders are designed to fortify the measures available for managing anti-social behaviour, particularly in cases involving youths and housing situations. The aim is to provide a comprehensive approach that not only tackles the behaviour itself but also incorporates the necessary legal support to enforce compliance.
Legal Aid Availability for New Orders
It is important to note that civil legal aid remains accessible for the issuance of Respect Orders, youth injunctions, and housing injunctions, mirroring the provisions previously available under Part 1 Injunctions. Similarly, criminal legal aid has been established for instances of breaches concerning these orders.
For providers of legal services, existing coding systems associated with Part 1 Injunctions should be utilised for civil legal aid concerning these new orders. Specifically, the matter type 1 code XASB and fee code MISCASBI apply for miscellaneous legal work, while the stage reached code ASAS and fee code ASAS are designated for associated civil work.
When it comes to legal representation, civil providers should refer to proceeding codes NU027/NU028, while crime providers engaged in associated civil work should use codes CR034/CR035. The remuneration for these services is expected to remain consistent with the established rates for Part 1 Injunctions.
Remuneration and Future Changes
The fixed fee for legal help regarding Respect Orders, youth injunctions, and housing injunctions is set at £157. For legal representation, remuneration will follow the rates specified in Table 10(a) of Schedule 1 to the Civil Legal Aid (Remuneration) Regulations 2013. It is essential to understand that while these rates will automatically apply to housing injunctions and youth injunctions, adjustments for Respect Orders are still pending.
Pending parliamentary approval, legislative changes are anticipated to take effect on 17 December 2026, ensuring that Respect Orders are remunerated at the same rates. Furthermore, any claims or bills related to Respect Orders should be submitted post-17 December 2026 to ensure proper fee allocation.
Criminal Legal Aid for Breaches
For breaches concerning youth injunctions, housing injunctions, and any Part 1 injunctions established before 26 October 2026, providers should maintain the use of the relevant PROV fee code. However, breaches of Respect Orders necessitate a different approach, as these constitute a criminal offence. For these instances, providers should utilise the appropriate undesignated area or designated area standard fee code.
Claims regarding breaches of Respect Orders can commence from 26 October 2026. As such, legal service providers are encouraged to consult updated guidance regarding the processes for claiming legal aid for all forms of injunctions, ensuring compliance with the new regulations.
Updated Guidance and Resources
In light of the recent changes, several key resources have been updated to assist legal service providers in navigating the new frameworks surrounding Respect Orders, youth injunctions, and housing injunctions. Important guidance documents include:
- Civil legal aid guidance for reporting legal help and mediation work related to anti-social behaviour.
- Guidance on proceeding codes applicable to these injunctions.
- The 2025 Standard Crime Contract Standard Terms, along with relevant specifications and amendments.
- Detailed instructions on applying for legal aid concerning breaches of anti-social behaviour injunctions.
These resources are vital for ensuring that all legal professionals are equipped with the necessary knowledge to effectively manage claims and provide adequate support to those affected by anti-social behaviour. For further information, additional resources are available concerning the implementation of Respect Orders and their intended impact on anti-social behaviour management.