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The "Case of the week" in the 28 November issue was a mistake from start to finish: everyone involved needs their heads banging together.

Under current legislation, a county court antisocial behaviour order can only be given to the person against whom the principal proceedings are being taken out. Home Office guidance states: "The person who is the subject of an application in the county court must also be party to the principal proceedings." In other words, the only person who can be made subject to the ASBO procedure in an eviction case would be the tenant and not other household members.

The children of a tenant cannot be "party to the principal proceedings". Therefore the judge in the case had no authority to grant an ASBO against the two children and the council should never have applied for the ASBOs.

Second, the solicitor appealing the ASBOs should also have realised this and appealed on those grounds, on which he or she surely would have won.

Third, the High Court judge should also have realised this and, at the very least, commented on it. The judge commented on the fact that there was a "lack of awareness of the Home Office guidance". The judge was obviously talking about him or herself as well.