Anti-social behaviour (“ASB”) cases remain one of the most challenging areas of civil proceedings. Noise nuisance, intimidation, harassment, vandalism, drug activity and threatening conduct can have a serious impact on local communities. However, many victims and residents are reluctant to come forward due to fear of retaliation.
This raises an important question. What are anonymous witness statements, are they admissible, and how much weight do they carry?
Anonymous witness statements are a practical response to the real risks associated with ASB enforcement. In these statements, the identity of the witness is withheld, and they are typically used where disclosure of identity would place the witness at risk or cause serious prejudice. However, anonymous evidence remains controversial, as one of the fundamental principles of justice is that a defendant should have an opportunity to challenge the evidence against them.
The Court of Appeal confirmed in Boyd v Incommunities Ltd that anonymity does not automatically render evidence inadmissible, but it will usually affect the weight attached to it. Anonymous evidence is generally treated as hearsay, as the witness does not attend court for cross-examination. There are several authorities confirming that such evidence may still be admissible, including:
- In Moat Housing Group-South Ltd v Harris, the Court of Appeal confirmed that anonymous evidence can be admitted in ASB and possession proceedings, subject to careful scrutiny and fairness.
- In Boyd v Incommunities Ltd, the court confirmed that hearsay evidence is admissible in ASB and housing cases where witnesses genuinely fear reprisals. However, its weight must be assessed cautiously under section 4 of the Civil Evidence Act 1995, considering fairness, reliability, and the defendant’s Article 6 right to a fair hearing.
- In Welsh v Stokes, it was emphasised that untested hearsay evidence may still be relied upon, but courts must evaluate its credibility with caution.
- In Co-operative Development Society Limited v X, represented by the Official Solicitor, a recent County Court decision, the court held that hearsay evidence is admissible subject to the factors set out in section 4(2) of the Civil Evidence Act 1995.
Practical tips for drafting anonymous witness statements
An anonymous witness statement should still comply with the requirements of CPR Part 32. In addition, it should clearly explain why anonymity is required, and a confidential unredacted version should be prepared for the court. The statement should also confirm that the witness understands their duty to tell the truth despite anonymity.
Where possible, corroborating evidence should also be provided, such as evidence from independent witnesses, the police, or housing officers, to strengthen its weight. A bare assertion that “the witness fears reprisals” is increasingly considered insufficient on its own.
In Co-operative Development Society Limited v X, represented by the Official Solicitor [2025], the only evidence on behalf of the claimant was a housing officer’s statement containing hearsay reports from neighbours. The court noted that no neighbours were called to give oral evidence and that no adequate explanation had been provided for reliance on hearsay or for the failure to provide anonymised witness statements from residents. The court also highlighted the absence of explanation as to why affected residents were unwilling to be identified or give oral evidence.
Conclusion
Parties should therefore carefully consider providing anonymised witness evidence, rather than relying solely on untested hearsay or providing no direct evidence at all. When prepared properly and supported by corroborative material, anonymous witness statements can play a valuable role in ASB proceedings, while still ensuring fairness to all parties.
For more information, please contact...
Navya Joginipally
Solicitor
Navya Joginipally is a Solicitor in Swinburne Maddison’s Dispute Resolution team, bringing a wealth of experience in housing and property litigation. She initially qualified…
