Swindon Borough Council v Redpath: CA 11 Sep 2009

The defendant appealed against the issuing of an anti-social behaviour order for ‘housing-related conduct’ where the conduct alleged had no connection with council tenants or property.
Held: The appeal failed. ‘Housing-related’ meant ‘directly or indirectly relating to or affecting the housing management functions of a relevant landlord’. The defendant was a former council tenant, his conduct was required to be looked at as a whole, and there was in this case a sufficiet nexus to allow the making of an order. The 2006 Act had considerably widened the scope for such orders and amounted to a fundamental reworking of the anti-social behaviour order system.

Judges:

Lord Justice Rix, Lord Neuberger of Abbotsbury and Lord Justice Carnwath

Citations:

[2009] EWCA Civ 943, [2010] PTSR 904

Links:

Times, Bailii

Statutes:

Housing Act 1996 153A(1), Police and Justice Act 2006 26

Jurisdiction:

England and Wales

Cited by:

CitedBirmingham City Council v James and Another CA 17-May-2013
The appellant challenged an injunction under the 2009 Act excluding him from parts of Birmingham. He said that it prevented him visiting his mother.
Held: The appeal failed. Moore-Bick LJ said: ‘It was for the judge to decide on the basis of . .
Lists of cited by and citing cases may be incomplete.

Crime, Housing

Updated: 04 August 2022; Ref: scu.374698