Respect Orders Under the Crime and Policing Act 2026: Practical Implications for Community Safety Partners

The provisions introducing Respect Orders are due to come into effect on 26 October 2026 subject to secondary legislation. For Registered Providers of social housing, local authorities and police forces, the introduction of Respect Orders under the Crime and Policing Act 2026 presents an opportunity to strengthen enforcement against persistent ASB while introducing a fundamentally different approach to compliance and breach.

Unlike the existing injunction application process under the Anti-social Behaviour, Crime and Policing Act 2014, a breach of a Respect Order will constitute a criminal offence, bringing police investigation and Crown Prosecution Service (CPS) involvement into the enforcement process.

This shift has the potential to transform how housing providers manage the most serious and persistent ASB cases.

What are Respect Orders?

Pursuant to the Crime and Policing Act 2026, Respect Orders are new civil behavioural orders that can be obtained in the County Court against individuals aged 18 and over who have engaged in, or threaten to engage in, anti-social behaviour.

The court can impose:

• Prohibitions preventing specified anti-social behaviour.
• Positive requirements designed to address the underlying causes of behaviour, including rehabilitation programmes, substance misuse treatment, anger management or mentoring.

The combination of preventative measures with rehabilitative interventions reflects a wider policy objective of reducing repeat offending rather than simply responding to it.

Why Does This Matter for Community Safety Partners?

For many local authorities, police forces and registered providers of social housing, securing an injunction has often been only part of the challenge. Enforcing breaches has frequently required further civil proceedings, placing additional demands on already stretched civil court system.

Where a breach occurs, enforcement moves into the criminal justice system, with investigations undertaken by the police and prosecutions handled by the CPS. While local authorities and housing providers will still play a crucial evidential role, they will no longer be solely responsible for pursuing enforcement action. Partnership working is going to be crucial in successful outcomes.

This has the potential to provide greater protection for victims and communities, particularly in cases involving persistent nuisance, harassment, intimidation, criminal damage and repeat offending.

The Legal Test Remains Familiar

The court may grant a Respect Order where it is satisfied that:

• On the balance of probabilities, the respondent has engaged in or threatens to engage in anti-social behaviour; and

• It is just and convenient to make the order to prevent further anti-social behaviour.

For Registered Providers, Applicants must demonstrate that the conduct directly or indirectly relates to, or affects, their housing management functions.

A New Emphasis on Risk Assessment

One notable procedural change is the requirement to complete a formal risk assessment before any application is made, including without notice applications.

The assessment must consider:

• The risk posed to victims and others.
• Any vulnerabilities affecting the respondent.
• Alternative ways in which further anti-social behaviour could be prevented.
• Any other relevant factors.

This places greater emphasis on demonstrating proportionality and ensuring applications are evidence-led from the outset.

Positive Requirements Bring New Responsibilities

Respect Orders introduce a greater focus on rehabilitation through positive requirements.

However, these obligations come with additional practical considerations.

Under Part D1 of the Crime and Policing Act 2026 it states that where a positive requirement is included, the order must appoint a “supervisor” responsible for overseeing compliance, facilitating the required intervention and reporting both compliance and non-compliance.

Those applying will therefore need to consider:

• who is best placed to act as supervisor;
• whether appropriate services are available locally;
• how compliance will be monitored and evidenced; and
• how information will be shared with partner agencies.

Preparing for Implementation

With implementation approaching, now is the time for community safety partners to review whether their existing ASB framework is ready for this new enforcement tool.

Key considerations include:

• Reviewing ASB policies and enforcement procedures.
• Updating precedent documents and application templates.
• Training housing management, neighbourhood and legal teams.
• Strengthening information-sharing arrangements with police and local partners.
• Reviewing existing ASB cases that may be suitable for Respect Orders once the legislation comes into force.

Early preparation is likely to make the transition significantly smoother.

Challenges Remain

Although Respect Orders strengthen available enforcement powers, they are unlikely to be a complete solution.

Community safety partners will still need to:

• gather high-quality evidence capable of satisfying the court;
• ensure any positive requirements are realistic and enforceable;
• work collaboratively with other agencies;
• manage cases where criminal enforcement remains outside their direct control; and
• demonstrate the required connection between the conduct complained of and housing management functions as appropriate.

As with any new legislative framework, early case law will be closely watched to understand how the courts interpret these new provisions in practice.

Looking Ahead

Respect Orders represent a significant change to the enforcement of anti-social behaviour by combining the flexibility of a civil order with criminal sanctions for breach. For community safety partners, they offer a potentially more robust tool for tackling persistent ASB, although their effectiveness will depend on strong partnership working with the police, appropriate evidence gathering and careful case selection.

As the implementation date approaches, it is a sensible time to ensure policies, procedures and staff training are updated so they are ready to make effective use of the new powers from 26 October 2026.

At msb Solicitors we have a dedicated team of lawyers that specialise in Social Housing and Regeneration. We provide sector-leading services and advice, guiding our clients and exploring the best solutions.

If you are a Registered Provider of Social Housing and would like more information on Respect Orders, please do not hesitate to contact msb’s Social Housing and Regeneration Team via our website www.msbsolicitors.co.uk