Councils fear power to use injunctions will be curbed

The government's antisocial behaviour unit is understood to be scrutinising a crucial section of the Antisocial Behaviour Bill after concerns were raised that one of its provisions could limit the use of injunctions.

The use of injunctions in dealing with nuisance tenants is widely accepted by housing professionals to be crucial in quickly solving nuisance-neighbour problems. Manchester's nuisance strategy team has found them particularly useful (HT 28 February, page 20).

Following on from proposals in last year's antisocial behaviour white paper, the bill – which received its second reading in the House of Commons this week – was intended to give housing associations the same powers as councils to apply for injunctions.

However, housing professionals claim that although the bill does put councils and housing associations on a level footing, it could inadvertently restrict the range of situations where injunctions can be sought.

Under the provisions of the 1996 Housing Act, which will be amended by the bill, local authority landlords can apply for injunctions against non-tenants as well as tenants.

Instead of extending this power to housing associations, there are fears that the new bill might prevent both local authorities and housing associations from using injunctions to target non-tenants .

Tim Winter, national organiser of the Social Landlords' Crime and Nuisance Group, said: "The new bill must give us something better than what was available before. There are now particular concerns that local authorities may lose out under the new provisions."

Meanwhile, delegates at the Social Landlords' Cime and Nuisance Group's conference in Birmingham last Thursday voted overwhelmingly against docking housing benefit from antisocial tenants.

A spot poll of more than 100 delegates from councils and housing associations produced only one vote in favour of the so-called "Frank Field clause", named after the MP who first proposed it.

In a speech to the conference, her first as head of the government's new antisocial behaviour unit, Louise Casey said the views of housing providers would be particularly important in the consultation process announced in the white paper. "We've been talking about it for long enough, it's time we consulted, took a view and did it or didn't," she added. "I've got an open mind, but if we aren't, let's shut up about it. If we are, let's crack on."

Speaking afterwards to Housing Today, Casey said she doubted the poll was a true picture of what the consultation would find. "I think they need to look at it in a more considered way. They need to take it back and have a think."