High Court vindicates social landlords ASBO shaming policy

The High Court has backed the right of social landlords to name and shame the subjects of antisocial behaviour orders.

Brent council and the Metropolitan Police had been challenged by the civil rights group Liberty, which claims the council’s publicity led to bullying and physical threats against the families of ASBO recipients.

But Lord Justice Kennedy and Mr Justice Treacy last week ruled that neither the council nor the police had breached article eight of the European Convention on Human Rights. This article upholds citizens’ rights to have their private and family life treated with respect.

Tim Winter, national organiser of the social landlords’ crime and nuisance group, said: “People using ASBOs are delighted the decision has been made at the High Court. It is essential that the community should know it is being protected, and there has been uncertainty about this until now.

“Most people who use ASBOs now will be considering publicity on a case-by-case basis.”

A Home Office spokesman said: “We are pleased the judge recognised the rights of the community in this test case.”

From April 1999 to March this year, 2500 ASBOs were granted in England and Wales.

In the case of Brent council, leaflets were handed out to residents containing the photos, names and addresses of three youths caught behaving antisocially in the London borough. The council also published their details in a newsletter and on a website.

Liberty is not planning to appeal. However, a spokesman said: “In one case, the five- or six-year-old sister of a named person was bullied at school.

“In another, the parents were told to get off the estate and physically threatened.”

Delivering the judgment last Thursday, Lord Justice Kennedy said: “Whether publicity is intended to inform, to reassure, to assist in enforcing the existing orders made by

policing, to inhibit the behaviour of those against whom the orders have been made, or to deter others, it is unlikely to be effective unless it includes photographs, names and at least partial addresses.”

Some time within the current parliamentary term the Home Office also plans to change the law so councils can inform the public about under 18s who breach an ASBO.

At present publicity is allowed about minors who are served with ASBOs.

But if they breach them, it becomes a criminal offence and automatic court reporting restrictions apply.

The legislation will still give courts the discretion to restrict publicity where they see a need in individual cases.