The Crime and Policing Act 2026 introduced new Respect Orders which are due to officially launch on 26 October 2026. The statutory guidance was published on 6 October 2026 and I have summarised some of the key takeaways relating to Respect Orders below:-
Risk assessments are now central
Before applying for a Respect Order, agencies must complete a risk assessment. This is a statutory requirement. The guidance confirms that there is no statutory requirement to provide the risk assessment checklist to the court, however recommended that the person authorising the proceedings provides a witness statement exhibiting the assessment to assist the court. It is recommended that this is done at the earliest stage, rather than waiting for a defence to request disclosure of the assessment.
The guidance also confirms that non-local authority applicants should also consider consulting the relevant local authority (and vice versa) as they may hold information which is of relevance and/or which may need to be considered as part of the application.
There’s a helpful example risk assessment at Annex B of the guidance.
Victims must be placed at the centre of decision-making
The guidance places heavy emphasis on a victim-focused approach. The guidance sets out that when deciding whether the individual’s conduct has caused or is likely to cause harassment, alarm or distress, agencies should contact potential victims and witnesses to understand the wider harm to individuals and the community.
Informal interventions should still be considered first
Despite the stronger powers, the guidance remains clear that practitioners should consider:
- Warning letters.
- Mediation.
- Acceptable Behaviour Contracts.
- Community resolutions.
- Support and counselling.
The guidance suggests courts may expect applicants to demonstrate why informal measures were unsuitable or unsuccessful before formal proceedings are pursued.
When can Respect Orders be used
The guidance explains that Respect Orders can be used to deal with a wide range of behaviours which may include vandalism, public drunkenness or intoxication, aggressive begging, irresponsible dog ownership, noisy or abusive behaviour towards neighbours, or bullying. The guidance also sets out that Respect Orders can be used to tackle gang related activity.
What to include in the application
Applications for a Respect Order should be supported by clear and proportionate evidence demonstrating how the statutory tests are met and why the proposed prohibitions and requirements are necessary to prevent further anti-social behaviour. Applicants should include details of the behaviour relied upon, the impact on victims and communities, any safeguarding considerations, the outcome of the statutory risk assessment, and any positive requirements proposed.
The prohibitions or requirements in the Respect Order must be reasonable and must not:
- interfere with the times, if any, at which the respondent normally works or attends school or any other educational establishment; or
- conflict with the requirements of any other court order or respect order to which the respondent may be subject.
Applicants should also consider any caring responsibilities the respondent may have.
In relation to positive requirements, the guidance sets out that:
- Positive requirements should be used to address the underlying causes of anti-social behaviour and support long-term behavioural change, not simply punish the respondent.
- Any requirement must be realistic, achievable, proportionate and supported by services that are actually available locally.
- Positive requirements must have clear supervision arrangements, with an agreed organisation or individual responsible for monitoring and reporting compliance.
- Supervisors should take a supportive approach, keep accurate records and seek to understand and address barriers to compliance before considering enforcement action where appropriate
Join us at the Housing Management Legal Update on 14th October at 11am where we will be discussing this in more detail along with all of the recent developments impacting Housing Management including Renters’ Rights Act, Social Housing Bill and the latest case law.