In what is arguably the biggest change to the ASB toolkit in more than 10 years, today sees both the implementation of Respect Orders and the granting of powers to Registered Providers to obtain Closure Orders.
HMCTS have this morning published the necessary Court forms to enable Court Users to apply for Respect Orders. Forms published are:
- N540 Claim Form – Application for Respect Order which can be found here
- N541 Draft Respect Order which can be found here
The N540 requires much more detailed information to be given than that which is required in an N16A Application for an Injunction under the Anti-Social Behaviour, Crime and Policing Act 2014.
The form requires the applicant to confirm whether the application is made on notice or without notice and requires a brief summary of the basis of the application to be included. This latter requirement may be helpful to confirm the urgency of an application made without notice where papers are referred to a Judge in the first instance for listing directions.
Interestingly, the N540 requires an out of hours contact number to be provided for the claimant and/or their legal representatives which is not a requirement seen on any other court form and is presumably to ensure that the court is able to contact a representative where an out of hours breach may occur.
The new draft order also requires much more detail to be provided and confirmed by the defendant and confirms that any breach of the order will constitute a criminal offence.
To go alongside the new forms, Part 65 of the Civil Procedural Rules has also been amended to provide the necessary guidance to practitioners on how such applications must be issued.
Among other requirements, the new rules confirm that the N540 Claim Form is issued under the Part 8 procedure and must be accompanied by supporting witness statements when issued. Where an application for a Respect Order is made without notice, the supporting witness statement must provide clear reasons why notice has not been provided to the Defendant.
The rules require an applicant to confirm whether notice of the application has been given to any interested person(s) or, if no notice has been given, confirmation that it was not required. This is to comply with section K1 of the 2026 Act where notice of an application must be provided to any person the applicant considers appropriate.
The rules on service remain the same: the N540, supporting witness statements, draft order and notice of hearing must be personally served on the defendant at least two days before the hearing.
Where an interim or final Respect Order has been made, the sealed Order must also be personally served and, only once served upon the Defendant, a copy must then be served on the police station covering the area in which the defendant resides and on any supervisor named in the Respect Order. Importantly, the police and any supervisor must also be served with a Certificate of Service confirming that the Defendant has already been served. This is a new requirement and is not mirrored in the requirements for service of a Housing Injunction made under the 2014 Act.
Key points to note:
- Ensure that, when issuing an application for a Respect Order, you are using the correct court forms.
- Review both the statutory and Court rule requirements for the issue of a Respect Order applications.
- Update internal procedures to reflect changes, including the requirement to serve a certificate of service on the police and/or supervisor confirming that the defendant has already been served.
- Ensure witness statements and supporting evidence clearly set out both the incidents relied upon and compliance with the relevant legal requirements.
If you would like to discuss further, please get in touch with our housing management team.