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Anti-social Behaviour Notices – what can you do if you have been unfairly served with such a notice?

Anti-social Behaviour Notices – what can you do if you have been unfairly served with such a notice?

Anti-social Behaviour Notices – what can you do if you have been unfairly served with such a notice?

Significant powers are now available to the Local Authority and the Police to issue what is known as Anti-social Behaviour Notices. This can give rise to unfairness and injustice.  If you are the recipient of such a notice in circumstances which are unjustified, you can seek to challenge the Notice.

Edwards Duthie Shamash have experience of dealing with public authorities such as the local Council or the Police in such circumstances.

In a recent case we were successful in having an Anti-social Behaviour Warning Notice set aside on grounds of procedural irregularities. This was a case of a person who was accused of breach of bylaws for climbing a tree! The effect of the notice was, however, potentially significant as it would have been recorded on the Local Authority database and shared with other agencies such as the Police. Such a notice can be referred to in Court proceedings and can form part of a record maintained on the Local Authority database in circumstances which could represent a permanent record to your detriment. In this particular case we were persuasive in having the notice set aside once deficiencies and procedural irregularities were pointed out to the Local Authority.

If you find yourself in such a position whereby you wish to challenge such a notice you do have remedies available. Edwards Duthie Shamash have expert knowledge in this area and would be able to assist you in this regard.

Any enquires of this nature should be directed to Shaun Murphy, who is the Senior Partner at Edwards Duthie Shamash.

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