« Previous | Contents | Next »
Listen
Executive summary
Introduction
Antisocial Behaviour Orders ( ASBOs) are civil orders, introduced by the Crime and Disorder Act 1998 to prevent behaviour that causes or would be likely to cause alarm or distress to others. Breach of an Order is a criminal offence.
The Antisocial Behaviour etc (Scotland) Act 2004 extended the ASBO regime to cover 12-15 year olds. Although breach of Orders by these young people cannot be punished through imprisonment, it is a criminal offence. The legislation lays down procedures requiring that, when relating to young people, ASBO application procedures are integrated within the Children's Hearing System.
The basic ASBO concept remains common across Great Britain. However, in Scotland, somewhat in contrast to England and Wales, local authorities ( LAs) are clearly the lead agencies in seeking ASBOs, with the police playing an essentially supportive role. The scope of ASBO powers in the two jurisdictions has also differed in that, until October 2004, Orders could be sought for young people only in England and Wales, and not in Scotland. While ASBOs can now be obtained for 12-15 year olds in Scotland, the framework remains distinct from that south of the border in terms of the ASBO application process and the consequences of ASBO breach. Other significant differences in the regimes in Scotland and in England and Wales have included the more recent introduction of interim ASBO powers and the scope for ASBOs to be granted to Registered Social Landlords ( RSLs), which include housing associations.
The central aim of this study, which has run since September 2004, is to update the existing research, and to examine in more depth the key issues around the use of ASBOs in Scotland. Specifically, the key objectives of the study are to:
- collect up-to-date data on the use of ASBOs by both ( LAs) and housing associations (or RSLs);
- collect data about the ASBO application process and about ASBO prohibitions, together with an analysis of the circumstances in which the Orders are used;
- investigate LA and RSL experience of using ASBOs to gain a fuller understanding about their effectiveness in resolving antisocial behaviour ( ASB);
- collect information about the use and effectiveness of other measures used before, instead of, and alongside ASBOs; and
- examine the effectiveness of new measures introduced by part 2 of the Antisocial Behaviour etc (Scotland) Act 2004, in particular its extension of ASBOs to 12-15 year olds.
This involved the following undertaking a number of pieces of work.
- Policy and literature review
- Three annual email surveys issued to all social landlords operating in Scotland
- Analysis of secondary data on ASBO use
- Case studies in four LAs that involved focus group sessions with LA staff, RSL staff and representatives of national stakeholder organisations
- Case file review
ASBO Activity
There were 344 LA and RSLASBO applications submitted to the courts in 2005/06. While this represents an increase of 24 per cent on the comparable figure for the previous year, the rate of increase has slowed over the past two years. All but one LA (Argyll & Bute) has now made use of ASBO powers. Activity is largely concentrated in a small number of authorities, with five (North Lanarkshire, Dundee, Edinburgh, Fife, North Ayrshire) accounting for more than half of all 2005/06 ASBO applications in Scotland. Without comprehensive case study research in all LAs it is not possible to explain why activity is concentrated in this way.
This pattern is only partly attributable to the probable incidence of ASB serious enough to justify such action. In some 'low ASBO use' areas, there remains a reluctance to use this mechanism, partly justified by the assertion that the active use of alternative measures reduces or removes the need for ASBOs. There remains some question as to whether all LAs are as yet making full use of ASBO powers.
22 RSLs sought ASBOs from the Courts in 2005/06, a slight increase on 2004/05. Around one-quarter of 2005/06 RSLASBO applications were made by Glasgow Housing Association and other Glasgow-based associations.
Variation in ASBO activity is partly related to the varying size of authorities. Taking population levels into account, the highest rates of 2005/06 ASBO applications were in Dundee, North Lanarkshire and North Ayrshire. ASBO application rates were relatively low in some LAs where comparatively high rates of ASB might be expected, e.g. Renfrewshire and Glasgow. In the latter case, this reflects the fact that Glasgow City Council has sought no ASBOs for the past three years (although some Orders have been sought by Glasgow RSLs) 1. Edinburgh has recorded a rapidly growing number of applications in recent years, up from six in 2004/05 to 41 in 2005/06.
Some 283 'civil ASBOs' were granted by the Courts in 2005/06, an increase from 205 in 2004/05. According to LA records, a further 37 ASBOs were issued by the Courts as a criminal sentencing measure. Taking account of household numbers, the rate of 'civil ASBOs' granted in Scotland has risen continuously over the last four years. In England and Wales, growth has been more rapid and, in 2004/05, the rate stood well above Scotland's rate for the first time. More recent figures for England and Wales are not currently available so it is not possible to confirm whether this trend has continued.
Just over half of all full ASBO applications involve cases where interim ASBOs have already been awarded by the Courts.
Specific powers to impose ASBOs on young people (aged 12 - 15) were introduced in 2004. To date, 96 individuals have been considered for an ASBO but only four have been granted.
ASBO Processes
ASBOs have a fairly prominent place within ASB strategy documents; however, they are generally described as tools to be utilised where other measures have been used and failed. Flexibility of approach was cited as a key part of the process when deciding whether an ASBO should be pursued. As such, there are no specific 'rules' associated with the circumstances in which an ASBO should be sought.
Dedicated policies and procedures are increasingly being developed to guide ASBO use and have helped to develop multi-agency working, e.g. the use of case conferences. Also playing an important role in this area is the creation of specialist teams or dedicated ASB staff. Such staff were seen as increasing partnership working and improving the quality of the services being delivered.
While all four case study LAs have their own local initiatives in place, the process for handling ASB complaints and pursing an ASBO was broadly similar in the areas examined. While each LA aimed to adopt a multi-tenure approach to ASBOs, it was clear that housing officers within LA and RSLs continue to play a key role in the process, often acting as the lead agency, at least in the initial stages of an investigation. This reflects their role as the first point of contact in most ASB complaints, which are primarily in the social rented sector (see below for further detail on the profile of perpetrators).
The process for taking an ASBO application into Court appears to have improved for a number of reasons. It has been assisted by greater expertise among both ASB staff and Sheriffs about the process. Timescales have also improved with applications for interim Orders normally being heard within a matter of days. Therefore, Orders can now be granted within very short periods of time, providing the LA with the means of addressing serious ASB quickly and efficiently.
ASBOs and Young People2
LAs have now established special multi-agency panels and other procedures to deliberate on appropriate responses to juvenile ASB that might fall within the remit of ASBO powers. However, whereas appreciable numbers of cases are being reviewed under such arrangements, only a very small proportion have as yet led to formal ASBO applications. For the most part, it is determined that alternative approaches (e.g. mandatory supervision, ABCs) are preferable.
While the new powers of allowing for the granting of ASBOs for young people remain relatively recently enacted, it appears highly unlikely that the pattern of ASBO use in Scotland might come to resemble that in England and Wales, where young people account for a substantial proportion of Orders 3. The Children's Hearing system has the primary responsibility for dealing with offending behaviour by young people in Scotland and this may be a factor in the lower number of ASBOs compared England and Wales, where no such system exists.
ASBO offences and perpatrators
Most ASBO applications relate to ASB in and around the perpetrator's home. During 2003/04, only 3 per cent of applications were made in relation to ASB in or round commercial property or in public areas, but this rose to 12 per cent by 2005/06.
Most cases considered for ASBO applications were triggered by 'excess noise' within the home. Most noise nuisance cases also involved other types of behaviour such as rowdy behaviour, throwing things from windows, vandalism to common areas, verbal abuse and intimidation.
Of the cases reviewed due to an ASBO being granted, 63 per cent also allegedly involved criminal activities. While in some cases this related to relatively low level crime, in a significant number of cases the alleged offence was very serious. In a number of cases, charges were brought against the persons committing the offences with ASBOs being used instead of, or alongside, such action.
Analysis into the background of perpetrators subject to an ASBO, shows that the majority live in the social rented sector, are male and are over the age of 21. 80 per cent of cases involved ASB committed by a lone perpetrator. The remainder involved families, couples, and groups of people, although the number involving gangs is small.
The case file review demonstrated that a number of these cases were long-running, suggesting that ASBOs were being used as a 'last resort' measure for difficult cases.
There were vulnerability issues and mitigating circumstances in a number of cases, e.g. substance misuse, mental health difficulties and learning difficulties (see Table 4.6 for more information on mitigating circumstances). This did not prevent ASBO applications, but could lead to support measures being put in place alongside the application.
In at least one-third of cases reviewed that were considered for an ASBO, the perpetrator had some record of previous ASB. In most cases, this behaviour was similar to that triggering ASBO consideration.
Analysis of actual ASBOs shows that the prohibitions contained in the ASBO are generally a close match to the related offence. One of the main characteristics of the ASBO is that there is, typically, a high level of detail in the restriction imposed on the offender.
The analysis also considered the duration of the Order granted. Interim ASBOs have no fixed duration: as 'emergency' measures, they are intended to remain in force only until the court's next scheduled sitting (when it is assumed that a full ASBO will be sought where appropriate). When making a full ASBO application to the court, the applicant LA or RSL proposes the prohibitions and the duration of the Order that they consider appropriate. The analysis of the duration of conditions highlights the different practices occurring in the four case study LAs. 32% of the case study ASBOs were for one year, 6% were for two years, 16% for three years and 21% were of indefinite duration 4.
ASBO outcomes and effectiveness
Legal aid was granted in around one in ten cases across 2004/05 and 2005/06. The 2005/06 survey data reveals that legal aid applications were made in 29 per cent of all ASBOs applied for (with around one-third of these leading to legal aid being granted). The case file review showed a number of cases where actions were initially defended only to be withdrawn due to refusal of legal aid.
Appeals to the court are rare. No appeals were notified in returns to the 2003/04 survey. The total number of appeals fell between 2004/05 and 2005/06 despite a rise in the overall number of Orders granted.
Over 2004/05 and 2005/06, the proportion of ASBOs breached rose slightly across Scotland: from 26 per cent to 31 per cent. The breach rate across individual LA areas varied between 0 per cent and 100 per cent in each of those two years.
It was found that further complaints were recorded in 60 per cent of cases. Where such complaints were made to the council rather than directly to the police, the matter was normally referred to the police to determine whether it should be investigated as a possible breach. This reflects the fact that such breach of ASBO is a criminal offence.
Breach of ASBO was taken seriously, by housing providers, by the police (who make the report to the Procurator Fiscal) and by the courts (who determine the sentence). In four of the 41 cases where information was available, breach of ASBO led to imprisonment.
The review found that in 27 per cent of cases, those participating in an interview as part of the case study research 5 perceived an improvement in perpetrator behaviour following the Order being granted.
Over one-fifth of the cases considered resulted in either an eviction or the termination of a tenancy. In all of these cases, the original ASBO application had been triggered by ASB taking place either within or near the perpetrator's own home.
Where the perpetrator was evicted from their tenancy, such instances brought relief to the communities being affected by the ASB and, in this sense, the ASBO could be called 'a success'. However, household movement can mean that the problems associated with the ASB are not being adequately addressed and may be displaced elsewhere.
In 29 per cent of cases examined, it was considered that there had been no marked improvement in perpetrator behaviour at that point, although this is not to say that there would be no change in the future. In around one-third of cases where there has been an overall improvement in behaviour, these had been subject to further complaints or a breach. Breached ASBOs, therefore, do not necessarily imply no positive impact.
The provision of support is an important component of ensuring longer term success. While an ASBO is tool of enforcement, support can assist in helping the individuals or household address problems relating to their ASB.
Other enforcement measures
A range of other enforcement-style response may be used by LAs and RSLs prior to, alongside, and following on from ASBO applications.
Acceptable Behaviour Contracts ( ABCs) are being used increasingly widely as a means of tackling ASB mainly on the part of young people (i.e. those aged 21 and under). In only a small proportion of ASBO cases, however, are ABCs used as a precursor to ASBO action. Similarly, very few ASBO applications follow on from unsuccessful attempts at mediation.
ASB-triggered eviction actions have been declining in recent years, possibly, in part, as a consequence of the availability of ASBOs as an alternative response to ASB involving social renting households.
While the scale of its use remains modest, tenancy conversion to Scottish Short Secure Tenancy for social renters subject to ASBOs is becoming more common. The termination of these tenancies is appropriately seen as analogous to ASB-triggered eviction. Nationally, social renters having their homes repossessed in connection with ASBO actions account for around one ASBO action in ten.
Recommendations
Our recommendations follow on directly from the study conclusions. As this is a review of ASBO usage, the purpose of these recommendations does not concern the policy of ASBOs itself, but focuses on additional work that could be done to further evaluate the Orders, their outcomes and the usage of them.
The Scottish Executive should consider undertaking a full evaluation of ASBOs at a future date to determine their efficiency and effectiveness, perhaps in relation to alternative measures. This could be done in conjunction with a mapping exercise of all initiatives to tackle ASB across Scotland.
The use of ASBOs for 12-15 year olds requires further investigation, especially if the number of cases for these young people increases.
ASBOs are being used for dealing with criminal offences, including some serious offences. The use of civil orders in these instances requires further research to establish the reasons why and revised guidance to sentencers if this is thought to be appropriate.
Further guidance is also required to improve multi-agency working, instructed by good practice, for example in the routine sharing of information between the police and the LAs on breach data.
The impact of ASBO usage in evictions, tenancy demotions and repossessions also calls for additional work.
To maintain monitoring of ASBO activity, the Scottish Executive should direct LAs to extend the register of core data that they hold on ASBOs so that it meets Scottish Executive requirements. The LAs should also have a named department or division responsible for the collation of and reporting on this information. This register would hold information on individual cases, not just aggregate data by LA. It should be developed by the Scottish Executive, in consultation with LAs and their partners.
« Previous | Contents | Next »