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A Report on the Consultation Responses to Putting Our Communities First: A Strategy for tackling Anti- Social Behaviour
Chapter Eleven Conclusions
- It is clear from this consultation exercise that anti-social behaviour is a major concern affecting many local communities in Scotland, and that it has serious detrimental consequences for individuals (victims, witnesses and perpetrators), families, local communities, organisations and agencies.
- There was a widespread welcome for the Scottish Executive's focus on tackling this issue, based on an understanding that the current situation is untenable.
- Many responses, from local communities and individuals in particular, supported both the broad direction of the Scottish Executive's approach to tackling anti-social behaviour and the specific proposals outlined in the consultation process.
- Generally most of the specific proposals were supported by a majority of respondents. There was particularly strong support for proposals including: new measures to increase the effectiveness of ASBOs; providing individual support orders linked to ASBOs for under-16s; extending police powers in relation to licensed premises; procedures for closure notices, doubling the fine for fly-tipping and giving local authorities the power to examine waste transfer documents.
- However, a number of measures were contentious, for example, extending anti-social behaviour orders to under-16s, introducing electronic monitoring for under-16s, establishing Parenting Orders, tenant reward schemes and extending closure notice to residential premises. Concerns about each of these proposals were raised in a significant number of responses.
- Some proposals were opposed by a majority of respondents. These included giving community wardens powers in relation to issuing fixed penalties, having an upper age limit for Community Reparation Orders, issuing fixed penalties for under-16s and increasing police powers in relation to the dispersal of groups, particularly young people.
- There was a clear distinction between the views of individual respondents and organisations in relation to a number of specific proposals. Two such examples of this divide were the issuing of fixed penalties to under-16s and giving the police further powers to disperse groups. A majority of individuals supported both these proposals, whilst a majority of organisations were opposed to these measures. This reflects a general pattern of individuals being more supportive of the proposals overall than organisations.
- Many of the concerns about specific proposals reflect broader concerns about the direction and tone of the consultation document. These concerns include the view that the document focuses on reactive, punitive issues of enforcement and that any such measures require an equal, if not greater, emphasis upon holistic, preventative, diversionary and supportive measures.
- This reflects a general concern that the proposals need to be more clearly framed within wider social inclusion, health, education, regeneration and homelessness policy initiatives undertaken by the Scottish Executive, which will address the structural factors contributing to anti-social behaviour.
- There was also considerable concern that the proposals could be seen as targeting measures against particular groups including young people, social housing tenants and residents of deprived communities. It was strongly argued that for an overall approach to anti-social behaviour to be effective, sufficient measures needed to be developed to address anti-social behaviour in all age groups, economic groups and housing tenures throughout Scotland.
- The issue of resources was central to many of the consultation responses. This involved respondents seeking reassurances that adequate resources should be provided for agencies and organisations to implement any additional measures and powers effectively, in particular to facilitate the multi-agency working which will be required to successfully tackle anti-social behaviour. This issue also involved a perception by some that more effective implementation, including resourcing, of existing provisions and measures may have the greatest impact on addressing anti-social behaviour. In this regard, providing adequate resources to the police, the Children's Hearing System, voluntary organisations and a wide range of local community projects addressing anti-social behaviour was seen as central to success.
- The responses emphasised that as anti-social behaviour policy continues to evolve, there is a need for an evidence-based approach in which the success of particular measures is adequately evaluated and monitored, dissemination of good practice is widespread and continuing consultation takes place.
- Finally, the responses reveal the tensions between different viewpoints in relation to the rights and responsibilities of individuals, families, communities and agencies. The desire for more effective enforcement and punitive sanctions expressed by many respondents is not easily reconciled with concerns, expressed by support organisations and others, over the needs of individual offenders and their families. The spectrum of views offered in this consultation process reveals the difficulties of addressing the problem of anti-social behaviour in Scotland. What unites the responses however, is the desire for anti-social behaviour to be recognised and tackled.
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