Anti-Social Behaviour (ASB) Awareness Week Series – Part 2
Delays within the civil justice system continue to present significant challenges for social landlords seeking timely legal remedies in anti-social behaviour (ASB) cases. Whilst housing providers cannot control the pressures facing the courts, there are practical steps that both the courts and landlords can take to minimise delays and ensure cases progress as efficiently as possible.
By adopting a joint approach, we can reduce unnecessary waiting times, improve outcomes for victims, and maintain confidence in the justice system.
What the courts can do
- Increase judicial and court staffing resources to reduce case backlogs
The continued demand on the County Courts has resulted in significant delays in listing hearings and processing applications. Additional judicial resources and administrative staff would help reduce existing backlogs and ensure urgent ASB cases are heard within a reasonable timeframe.
- Improve court listing practices to minimise adjournments and wasted hearings
Efficient case listing is essential. Avoiding over-listing, ensuring judicial availability, and reducing last-minute cancellations can prevent unnecessary adjournments, saving both time and costs for all parties involved.
- Increase the availability of remote and hybrid hearings, where appropriate
The increased use of remote hearings during the pandemic demonstrated that hearings can be dealt with effectively without requiring attendance at court. Continuing to make the most of technology, where appropriate, can improve judicial efficiency and reduce delays.
- Improve coordination between courts, legal representatives, landlords and partner agencies
Effective communication between all parties is important. Better coordination can ensure that hearing dates, court directions and case updates are communicated promptly, reducing administrative errors and unnecessary delays.
- Monitor court performance and publish data on waiting times and case progression
Greater transparency around court performance allows organisations to manage expectations more effectively and identify systemic delays. Published data can also support future investment and service improvements.
Greater clarity around court performance allows organisations to better manage expectations and identify where delays are becoming quite general. Published data can also support future investment and service improvements.
- Retain key contacts within the court service
Having established contacts within local courts can make a significant difference when applications have not been listed or urgent queries arise. Direct communication enables landlords/legal representatives to resolve administrative issues quickly and, where necessary, raise concerns when unreasonable delays occur.
What social landlords can do
- Train staff to deal with disputes at an early stage
Landlords can ensure all staff are trained to deal with disputes at an early stage, so things can be nipped in the bud early, such as investigating the complaints early and making contemporaneous notes. A robust case preparation will ensure the anti-social behaviour is addressed quicker without delays in gathering evidence either through strong utilisation of non-legal remedies or legal action.
- Encourage early case assessment and robust case preparation
Landlords can encourage an early internal review to consider whether legal action is actually necessary at all. Question whether any underlying reasons for the nuisance are and/ or breach of tenancy and whether support is required rather than legal action.
- Prioritise serious anti-social behaviour cases
Landlords should prioritise serious anti-social behaviour cases where there is ongoing harm to victims and ensure detailed notes are maintained. This will ensure the more serious actions are tackled first while the minor ones can be addressed through non-legal remedies at an earlier stage in line with policy and procedure.
- Clear communication throughout the legal process
Clear communication helps manage witnesses’ expectations and maintain confidence in the legal process.
Clear communication will ensure all witnesses expectations are managed and the confidence in the due process remains.
- Encourage partnership working to resolve issues early
Early partnership working will enable cases to be resolved early on, ideally through non-legal remedies in a more cost and time effective manner and avoid delays.
If you would like to discuss further, please get in touch with our housing management team.