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30 June 2004 D5/2004
Downland fights back against anti social behaviour
Downland Housing Association became one of the first social landlords in the country to use the new powers under the government’s latest anti social behaviour legislation that came into force today.
The legislation allows social landlords to bring action against people who are not their own tenants, but who are adversely affecting the lives of people within homes owned by them.
At Brighton County Court this afternoon (30 June), Downland was granted an injunction against Ricky Fitzgerald. The injunction has the power of arrest attached to all seven points below.
Fitzgerald is forbidden to:-
- Behave in a manner or engage in conduct, which will cause or is likely to cause harassment, alarm or distress to anybody.
- Use foul or abusive language in the hearing of any person
- Use or threaten violence to any person
- Drive any mechanically propelled vehicle without a full driving licence, valid MOT, tax and insurance.
- Allow himself to be carried as a passenger in any mechanically propelled vehicle except where the driver is fully qualified with valid MOT, tax and insurance and able to drive lawfully.
- Enter any area highlighted on a map (namely the Cuckfield area) or the Benchwood ward of Haywards Heath, with the exception of America Lane, Benchwood Lane and Benchwood Road.
- Either by himself or by encouraging others to contact, approach, threaten or assault any witnesses within the court proceedings.
The court granted the injunction in Fitzgerald’s absence after reading statements from a number of witnesses who have been affected by his behaviour in the Haywards Heath and Cuckfield areas.
Kevin Day, Area Manager for Downland Housing Association said, ” Today’s result shows the commitment of the courts to back housing associations and the police in their efforts to combat anti social behaviour.
“I hope the small minority of people who behave in this manner realise that that it will not be tolerated and they too could find themselves before the courts.
“Today the court and this new legislation has sent out a clear message that there is support for the vast majority of residents who wish to live their lives without fear of yobbish behaviour,” he added.
As the case was heard in Fitzgerald’s absence, the defendant will have the chance to defend himself at a hearing on July 8