Councils could save ‘millions’ in legal fees by using in-house staff to prepare cases

Housing officers could replace antisocial behaviour lawyers under plans being considered by the Home Office.

Housing Today can reveal that the Home Office antisocial behaviour unit is considering training housing staff to be able to apply for antisocial behaviour orders and housing injunctions directly, rather than spending money on solicitors, in a move that could save 95% of legal fees.

Manchester council – which has secured about 750 ASBOs, more than any council – is known to be considering legal training for its housing staff (see “ASBOs: the facts”, right).

Securing an ASBO can cost local authorities and housing associations up to £9000, with the average cost estimated at about £2000.

The Home Office proposals are based on a scheme developed at Newport-based Charter Housing Association in October 2003.

Bill Pitt, head of the neighbourhood nuisance team at Manchester council, said: “The Charter initiative has attracted the attention of both Manchester City Council and the Home Office.”

Pitt, who is also seconded to the Home Office, said the initiative could enable local authorities and housing associations to make similar types of savings to that achieved by Charter. The housing sector could save “millions” in legal fees, he added.

Charter, which manages about 4000 homes, said it had cut its legal spend from £108,000 per year to £4500 per year – a saving of 95% – as a result of its nuisance prevention scheme, which involved training housing staff to prepare housing injunction cases and present them in court.

The Home Office has had discussions with Charter as part of a study into the feasibility of the scheme. There are no details yet when it could be rolled out.

“Charter Housing is one of the leaders in tackling antisocial behaviour and we are interested in any scheme that can reduce costs,” said Louise Casey, head of the antisocial behaviour unit.

John Priday, Charter nuisance prevention team manager, said: “We do everything on our own for housing injunctions including presenting the case in court.

“The cost of legal action is not an excuse for associations not to tackle antisocial behaviour – you can work without solicitors, prepare the papers and appoint a barrister yourself,” he added.

But Howard Clark, chair of the G17 Antisocial Behaviour Group – which represents the 17 largest housing associations in London – expressed reservations about housing staff handling complicated cases.

He said: “Some cases will be complex and you’re going to need to use a solicitor to ensure that no mistakes are made.”

ASBOs: The facts

  • Average cost: £2000

  • Total number of ASBOs issued (1 April 1999-30 June 2004): 3069

  • 2955 were issued in England

  • 114 were issued in Wales

The local authority areas issuing the most ASBOs during the period were:

Greater Manchester 509
Greater London 268
West Yorkshire 247
West Midlands 216
West Mercia 123