Crime and Policing Act 2026: Respect Orders and the change to anti-social behaviour remedies

Respect Orders are a new civil order introduced by the Crime and Policing Act 2026 to tackle persistent anti-social behaviour by adults. Unlike existing civil injunctions, breaching a Respect Order is a criminal offence that can result in imprisonment, fines and community penalties. The new regime comes into force on 26 October 2026 and replaces adult anti-social behaviour injunctions in most cases.

Respect Orders give local authorities, housing providers, police and other relevant agencies a new enforcement tool for anti-social behaviour committed by anyone aged 18 or over.

The Crime and Policing Act 2026 will also enable courts to make a Housing Injunction to deal with housing-related anti-social conduct and extend the powers to apply for Closure Orders to Social Landlords.

In this article, Claire Richmond, chartered legal executive in our real estate dispute resolution team, explains everything local authorities and housing providers need to know about the updated regime.

What is a Respect Order?

A Respect Order is a civil order that can be made against a person aged 18 or over where the statutory criteria are met. It is intended to address anti-social behaviour which has caused, or is likely to cause, harassment, alarm or distress to any person.

The court can make a Respect Order where it is satisfied, on the balance of probabilities (the civil standard of proof), that the respondent has engaged in or threatens to engage in anti-social behaviour.

They will partially replace adult civil injunctions, which are a fast-response civil court order to stop low-level, persistent anti-social behaviour (ASB) before it escalates. Civil injunctions will still remain relevant for those aged 10 to 17, while a separate housing injunction will remain available for adults in housing-related nuisance or annoyance cases.

When can a Respect Order be made?

A Respect Order can only be made on the application of a relevant authority. This includes local authorities, housing providers (which will mainly be non-profit private registered providers of social housing), chief officers of police, the Chief Constable of the British Transport Police, Transport for London, Transport for Greater Manchester, the Environment Agency, Natural Resources Body for Wales and certain health security bodies.

Before making an application, the relevant authority must complete a risk assessment. This should consider the risk of the respondent's conduct causing harassment, alarm or distress, any vulnerabilities of the respondent, alternative ways and methods of preventing the anti-social behaviour, and any other relevant matters.

Where the applicant is a housing provider, the anti-social behaviour must directly or indirectly relate to or affect its housing management functions.

What can a Respect Order include?

A Respect Order can prohibit the respondent from doing anything described in the order, for example, entering a particular area or engaging in specified conduct. It can also require the respondent to do something for the purpose of preventing further anti-social behaviour. Positive requirements (an order forcing someone to take a specific action, such as attending rehabilitation, rather than a negative requirement which tells them what not to do) can be particularly useful where the behaviour is linked to things such as substance misuse or mental health issues. However, as with Anti-social Behaviour Injunctions, there are a number of criteria to be met when a positive requirement is imposed, including having a named person or organisation to supervise the requirement. The order must specify the period for which it has effect, or state that it has effect until further order. Different prohibitions or requirements may apply for different periods, and if so, this should be clearly stated in the order.

A Respect Order can include a power to exclude the respondent from their home, but this remains subject to certain criteria. Only certain applicants may seek such a term, including a local authority, a chief officer of police, or a housing provider where the premises are owned or managed by that provider.

What is the difference between a Respect Order and a Housing Injunction?

While a Respect Order is a civil order and breaching it is a criminal offence carrying the risk of criminal conviction, a Housing Injunction is a traditional civil tool used for housing nuisance, where breaking it is civil contempt of court. [HW1] However, it is worth noting that the maximum sentence for breach of a Respect Order is 2 years imprisonment, which is the same for breach of a Housing Injunction by way of contempt of court

Where an application is made by a housing provider for a Respect Order, the court can treat it as an application for a Housing Injunction and vice versa. This is likely to be relevant where the conduct is a housing-related nuisance or annoyance, and a Housing Injunction is more appropriate than a Respect Order.

How is a Respect Order different from the existing regime?

One of the most significant changes is that breaching a Respect Order will be a criminal offence, unlike under the existing civil injunction regime, where a breach is usually treated as a matter of civil contempt.

Where the alleged breach relates to a positive requirement, the supervisor must give the respondent a warning before going ahead with breach proceedings.

A person who commits the offence is liable:

(a)   On summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, being six months, a fine, or both; or

(b)   On conviction on indictment, to imprisonment for a period not exceeding two years, a fine, or both.

A conditional discharge is not available for the breach offence. However, community penalties are available, such as unpaid work, curfews or other positive requirements. This is a significant change as the County Court does not have the power to impose community penalties.

It is also important to note that breach of a Respect Order or a Housing Injunction can potentially lead to a mandatory ground for possession (condition 2 of ground 7A will be amended to include them).

Can social landlords apply for Closure Orders?

Sections 76 to 93 of the Anti-social Behaviour, Crime and Policing Act 2014 outline that premises are to be closed where there has been, or is likely to be, nuisance or disorder, or where closure is necessary to prevent nuisance or disorder. A closure notice can usually prohibit access to everyone except those who habitually live at the premises or the owner.

Under the existing regime, closure notices are generally issued by the police or a local authority and may have effect for up to 24 hours, with scope for an extended period of up to 48 hours in specific circumstances. In the new regime, the general maximum period will increase from 24 hours to 48 hours, with an extended period of up to 72 hours available where the statutory requirements are met.

The new powers for social housing providers are significant. They mean that social housing providers will be able to take direct action where the premises are owned or managed by them, rather than relying solely on the police or local authority to initiate closure proceedings.

A social housing provider will be able to apply to the magistrates’ court for a closure order. This gives social landlords a more direct route to seek premises-based restrictions where serious anti-social behaviour is connected to housing stock they own or manage.

Respect Orders and Closure Powers are both new and powerful tools in a housing provider's armoury in dealing with ASB. Closure orders remain premises-focused and may be appropriate where the aim is to restrict access to premises associated with disorder, nuisance or criminality. Respect Orders, by contrast, are people-focused and can be used to control the conduct of an adult respondent wherever the behaviour occurs.

How can I prepare for Respect Orders coming into force?

Applicants should prepare for the new regime by reviewing anti-social behaviour policies, evidence-gathering processes and risk assessment templates. The pre-application risk assessment is likely to require careful multi-agency input, particularly where the respondent has vulnerabilities or where positive requirements are proposed.

Applicants also need to consider which tool best addresses the risk: a premises-based closure order, a person-based Respect Order, a Housing Injunction, or a combination of measures. The criminalisation of breach may make Respect Orders a more robust option in cases involving persistent adult perpetrators, but closure powers will remain valuable where immediate control of premises is required.

For more information on Respect Orders, or real estate dispute resolution law generally, please contact Claire Richmond on 0191 211 7879 or [email protected].