What is antisocial behaviour?

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

Antisocial behaviour is an increasing problem in our society today and the law has recently been changed to deal with these problems. This page explains what antisocial behaviour is in the eyes of the law and gives some examples.

It's different for everyone

It's important to realise that antisocial behaviour can mean different things to different people. The worst cases are usually reported on television or in the papers but the law actually covers lots of different situations. The type of behaviour that disturbs or intimidates you may not be as much of a problem to someone else.

The advice on these pages is geared towards people who are having a problem with antisocial behaviour in the area they live in, but there is a range of things that can be done in your wider community, even if you aren't being disturbed at home. Have a look at the Scottish Government's antisocial behaviour website for more general information if you're in this situation.

What does the law say?

The law says that someone is behaving in an antisocial manner if:

• they are acting in a manner that is causing, or is likely to cause, alarm or distress, or
• they are doing several things over a period of time that cause, or are likely to cause, alarm or distress to at least one person living in another household.

This definition also covers verbal abuse, so if someone has been shouting and swearing at you or even saying things which make you and others feel uneasy, then it could be classed as antisocial behaviour under the law.

Whatever the problem is, it has to have happened more than once to at least one person. If it's an isolated incident, it won't count as antisocial behaviour, although there may be other things you can do to solve the problem, such as getting an interdict from a court

Some examples of antisocial behaviour

Here are some examples of things that could be classed as antisocial behaviour under the law:

• noisy neighbours
• graffiti
• drinking or drug use which leads to people being rowdy and causing trouble
• large groups hanging about in the street (if they are causing, or likely to cause, alarm and distress)
• litter problems
• racism.

These are just some examples and it's important to realise that, just because the problems you are having aren't included in this list of examples, it doesn't mean that you can't do something about it.

If you are concerned, distressed, intimidated or anxious about something that is happening near your house, it might be covered. Also, remember that your own behaviour might be affecting someone else, even if you don't think you're doing any harm, so think about the way you behave both at home and when you are out.

What kind of behaviour isn't covered?

The law on antisocial behaviour doesn't cover all kinds of behaviour. It's important to realise that, just because you don't like someone or you don't agree with the way they behave, this doesn't necessarily mean they are behaving antisocially. For example, if you're having an argument with your neighbour about who owns the fence, or where the boundary to your house is, that alone probably won't be classed as antisocial behaviour.

Will the law protect me?

If you are a victim of antisocial behaviour, there are lots of things you can do to try and sort it out and it won't be necessary to rely on the law in all cases. The action you take really depends on how bad the problem is and what, if anything, you have previously tried to do about it. The page on dealing with antisocial behaviour has practical advice on where to start.

In some cases, it might be possible for your local council to negotiate an acceptable behaviour contract with the person, or people, causing the problem.

If complaints have continued and other measures have been tried but the antisocial behaviour has still not stopped, it might be possible to get an antisocial behaviour order (ASBO) against the person, or people, causing the problem.

If the person causing the problem rents from a private landlord, your local council will soon be able to make sure that the landlord takes some responsibility for resolving the problem. You can find out more about private landlords and antisocial behaviour here.