14. Legal Remedies

14.1  When taking legal action, the investigating officer should demonstrate that they
have considered and explored the use of non-legal remedies to resolve the matter, where it is appropriate to do so. The exception to this is where any person(s) is at risk (e.g. violence or threat of violence) or we have evidence of criminal acts (e.g. drug activity) within the property. In such instances, legal action should be considered as a first response to the matter.

14.2  The types of legal action that could be taken are:

• Possession of the property; discretionary or mandatory 
• Injunctions; with or without notice and including power of arrest or exclusion attachments, where appropriate 
• Undertakings
• Committal for breach of injunction or undertaking
• Demotion of tenancy

Serving Notice for Breach of Tenancy/to Commence Legal Proceedings

14.3  The type of notice served upon a tenant in order to commence legal proceedings for possession of the property will be dependent on the type of tenancy or agreement the individual holds. The officer preparing and serving the notice should give due care and attention to the agreement type and required notice. In most cases, it will either be a section 8 (Notice Seeking Possession) or a Section 21 Notice that is required. If the officer is unsure of the type of notice required then guidance should be sought from a manager before serving.

Assessing Proportionality and Equality Impact

14.4  Before commencing any formal legal action the investigating officer should
complete a proportionality and equality impact assessment within the ASB case as a task. The purpose of doing this is to ensure that the action being taken is appropriate and that any vulnerabilities or protected characteristics are taken into account when commencing action against the individual(s) concerned.
A template for this assessment is available at Appendix 2 if required – if not completed within CX then a copy should be saved against the case.

Court

14.5  Where legal remedies are sought Connexus will be required to seek the necessary order via an application to a court.

14.6  Where required, witness statements or affidavits will be provided to the court in order to share the facts given by victims and/or witnesses. This may include other colleagues.

14.7  It is good practice to ensure that any person providing a witness statement for the purposes of legal enforcement action has had ample opportunity to read their statement, understand its content and are happy that their statement reflects their views and account of the situation before signing it.

14.8  Statements should be in a format that is clear to understand and in line with civil procedure rules guidance.

14.9  Where witnesses are required to attend court the officer should ensure that the person is fully supported in this process. This could include:

• Visiting the court with the individual prior to the hearing so they are familiar with the building, environment and security checks
• Understanding any disabilities which may impact their ability to access the building freely and easily and ensure appropriate adjustments are made.
• Spending time explaining the court process and what may happen.
• Ensuring that they are able to travel to the court easily, if not, appropriate transport should be arranged and provided.