Can an ASBO be applied for against a person behaving in an anti social manner but where it is known they have alcohol/drugs dependency, or where there are possible mental health issues?
A. Before applying for an ASBO you need to establish that the person has capacity to understand right from wrong and also that you have tried to put any relevant support in place. If someone perpetrating ASB has alcohol/drugs dependency you need to try and engage with them and offer them support through drugs and alcohol referral teams to try to help them with their addiction so this is not then contributing to the anti social behaviour. If there are also underlying mental health issues it is recommended that you obtain a medical report to determine the extent of this and whether the person has the capacity to understand right from wrong. Where you have tried to get the person to engage with relevant agencies, support has been put in place and tried, you have warned the person about their behaviour, it has been identified there are no mental health issues, and they are continuing to perpetrate ASB, you can apply for an ASBO against them. Throughout this process you need to be liaising
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