Possession order for son’s behaviour

Manchester City Council v Higgs CA TLR 14 December

The tenant was a single mother with severe personality problems and lack of parenting skills. It was a depressing story of appalling misbehaviour by her son age 13, his victim being a neighbouring widow caring for three children each with disabilities. An ASBO was made in November 2004, followed by a secure unit order until November 2005, together with intensive supervision. On the council’s application for a possession order, the recorder had held it reasonable to make a possession order, but had suspended its operation for 18 months, giving permission to the tenant to appeal because of the change of emphasis in the context of antisocial behaviour in s85A of the Housing Act 1985, as inserted by s16(1) of the Antisocial Behaviour Act 2003. The appeal in fact was not by the mother but by the council.