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C hapter Two - ASBO Numbers

Introduction

2.1 This chapter is split into two main sections. The first sets out statistics on the use of ASBOs between April 1999 and March 2006. It draws on evidence from the annual e-mail surveys, as well as secondary data ⁷. ASBO activity in Scotland is also compared with that in England and Wales.

2.2 The second section moves on to consider the strategic and organisational practices in place for handling ASBO applications. Using data from the case study research, this part considers the role that ASBOs play within LA strategies and policies. It also examines the processes for pursuing an ASBO application.

Recording Principles

2.3 Before setting out the data on ASBO activity, it is worth taking note of two important principles that underlie the headline figures on ASBO applications and Orders granted. Firstly, to avoid exaggerating the extent of ASBO activity, it is essential to avoid 'double counting' in instances where both interim and full actions are initiated against a particular individual. Under our approach, such instances are recorded as a single case. This reflects an appreciation that an application for an interim ASBO is often followed by a request for a full Order, and our view that it would be misleading to count such instances as two separate cases. Secondly, it should be recognised that where an act of ASB (either a single incident or series of related incidents) involves two or more individuals, the courts may endorse ASBO applications against more than one person. Each individual is covered by a separate Order, irrespective of whether the misconduct prompting the action was committed alone or along with others also subject to their own separate Orders. Hence, it is theoretically possible for a relatively large number of recorded applications/Orders granted to result from a relatively small number of acts of ASB, each involving a number of perpetrators.

ASBO Applications

2.4 Between April 1999 and March 2006, just under 1,200 ASBO applications were made in Scotland (see Table 2.1). However, while applications in 2005/06 rose by 24 per cent on the previous year, the annual rate of increase is slowing. In the main, rising applications reflect increased activity on the part of LAs, although RSLs (who were empowered to make ASBO applications from June 2003) have also contributed.

Table 2.1. ASBO applications in Scotland 1999-2006

Sources: 2002/03 = CIHS, 2003/04, 2004/05 and 2005/06 = DTZ survey data as validated by reference to Communities Scotland APSR returns.
Notes to table:
1. Pre-2003/04 figures converted to financial years assuming applications were spread evenly across the year.
2. Although some ASBOs in Scottish Borders and Dumfries & Galloway resulted from actions initiated by the relevant stock transfer RSLs, these actions are recorded as LA cases in recognition of LA involvement in all cases concerned.
3. The logic outlined in the previous note has been applied to the national totals for 2003/04 and 2004/05 resulting in revisions to the previously published figures, i.e. a redistribution of total applications across LAs and RSLs.

ASBO applications by area and lead agency type

2.5 As shown in Table 2.2, the incidence of ASBO applications varies substantially from authority to authority. In 2005/06, five of the 32 LAs (North Lanarkshire, Dundee, Edinburgh, Fife, North Ayrshire) accounted for more than half (52 per cent) of all ASBO applications in Scotland. Applications for ASBOs were made in all but four LAs in 2005/06. One council (Argyll & Bute) has made no ASBO applications since the powers were introduced.

2.6 Other notable findings include the relatively modest numbers of ASBOs sought in Glasgow in the three years to 2005/06 and the fact that all such applications were made by housing associations rather than by Glasgow City Council ( GCC) (see Table A1.1), although GCC made a small number of ASBO applications prior to 2003/04 ⁸.

Table 2.2. LA and RSLASBO applications 2003-2006 by LA area

Sources: DTZ surveys and Communities Scotland APSR data.
Note: LAs sorted by rate of applications in 2005/06

2.7 22 housing associations made ASBO applications to the courts in 2005/06. Other RSLs will have worked with their respective LAs in seeking Orders during the year. Particularly notable here are the stock transfer RSLs, Dumfries & Galloway Housing Partnership and Scottish Borders HA, since both of these associations each initiated considerable numbers of ASBO applications in 2005/06 (most or all of those enumerated for their respective LAs).

2.8 In some LA areas, the number of ASBOs has fluctuated considerably year on year (see Table 2.2). In some instances, this may be attributable to ASBO applications for individual members of gangs and/or families: applications for a group of five individuals, for example, would result in a significant rise in ASBO applications. While the overall trend has been upwards, the opposite has been true in certain authorities, notably Stirling and Renfrewshire. Whether this is in any way a reflection of policy changes in the relevant authorities is beyond the scope of this research.

2.9 Table 2.2 also relates ASBO applications to the size of each LA in terms of the numbers of resident households. Nationally, there were 16 applications per 100,000 households in 2005/06. However, there is significant variation across LAs. For instance, Dundee's rate was four times the national average, while North Lanarkshire and North Ayrshire recorded rates more than twice than the rate for Scotland as a whole. ASBO activity is relatively low in some LAs that might be expected to experience comparatively high rates of ASB, e.g. Renfrewshire and Glasgow.

ASBOs Granted

2.10 By March 2006, well over 800 ASBOs had been granted in Scotland (see Table 2.3). The approximately comparable figure for England and Wales for the period April 1999 to December 31 2005 was 9,781 (Source: http://www.crimereduction.gov.uk/asbos/asbos2.htm). These numbers include full Orders initially granted on an interim basis (which are counted as a single case rather than two cases). As in relation to application numbers, while the 2005/06 increase on the previous year was substantial, the rate of increase is slowing.

Table 2.3. ASBOs granted in Scotland 1999-2006

Sources: 2002/03 = CIHS, 2003/04, 2004/05 and 2005/06 = DTZ survey data as validated by reference to Communities Scotland APSR returns.
Notes to table:
1. Pre-2003/04 figures converted to financial years, assuming applications were spread evenly across the year.
2. Although some ASBOs in Scottish Borders and Dumfries & Galloway resulted from actions initiated by the relevant stock transfer RSLs, these actions are recorded as LA cases in recognition of LA involvement in all cases concerned.
3. The logic outlined in the previous note has been applied to the national totals for 2003/04 and 2004/05, resulting in revisions to the previously published figures, i.e. a redistribution of total applications across LAs and RSLs.

2.11 A simple comparison between ASBO applications and Orders granted in 2005/06 (Tables 2.1 and 2.3) shows that the latter equate to some 70 per cent of the former. This does not, however, imply that 30 per cent of applications are rejected by the courts. In addition to withdrawn and rejected cases, the outcome of Orders sought during 2005/06 would, for some cases, remain unknown at the end of the year. To address this issue more directly, the survey asked specifically about the outcome of ASBO applications made in 2005/06, and, as shown in Table 2.4, the actual ASBO 'acceptance rate' is somewhat higher than 70 per cent. The figures here confirm that, regardless of type, the vast majority of applications are granted by the courts. A small proportion of ASBO applications are withdrawn before the hearing date. This can reflect, for example, the perpetrator's disappearance or arrest. The very small proportion of rejections appears to illustrate that cases reaching Court have been well-prepared.

Table 2.4. Outcome of 2005/06 ASBO applications

Source: DTZ e-mail survey

2.12 Taking account of household numbers, the rate of (civil) ASBOs granted in Scotland has risen continuously over the last four years. Using Home Office data, we have compared the rate of ASBOs granted in England and Wales to those in Scotland (see Table 2.5 and Figure 2.1). In England and Wales, the growth of ASBOs granted has been more rapid and, in 2004/05, the rate stood well above Scotland 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.

Table 2.5. ASBOs granted in England & Wales, and Scotland, 1999-2005

Sources: ASBOs granted - Home Office (England and Wales), 1999/00 to 2002/03 = CIHS, 2003/04 - 2005/06 = DTZ validated survey data and APSR data (Scotland); Households figures - ONS 2002 mid-year estimates (1996-based projections); (England and Wales), Scottish Executive 2002-Based Household Projections (Scotland).
Notes to table:
1. Pre-2003/04 figures for Scotland converted to financial years, assuming applications were spread evenly across the year.
2. England and Wales data based on calendar years, from 2000 to 2004.

Figure 2.1. ASBOs Granted in England & Wales and Scotland per 100,000 Households, 1999-2006

Sources: as Table 2.5
Notes to chart:
1. Households figures for Scotland 2002-based, England & Wales 2002 Mid Year Estimates, 1996-based.
2. Scotland figures for 1999/00-2002/03 interpolated from CIHS data; 2003/04 and 2004/05 = DTZ validated survey data and Communities Scotland APSR.
3. England & Wales data based on calendar years, from 2000 to 2004. 1999 and 2005 data not available.

ASBOs granted by area and lead agency type

2.13 Table 2.6 shows the numbers of ASBOs granted over the past three years. As in the case of applications, the figures are heavily skewed towards a small number of LAs. Six LAs (Edinburgh, North Lanarkshire, Dundee, Fife, Dumfries & Galloway and North Ayrshire) account for more than half of the national total. The figures for certain authorities have risen much faster than the national rate. In Edinburgh, for example, whereas only three Orders were granted in 2003/04, the figure for 2005/06 was 37. Similar trends can be seen in North Ayrshire and West Lothian.

2.14 Focusing on the pattern for RSL-initiated ASBOs (see Table A1.3 - Annex 1), 2005/06 activity is considerably less focused on Glasgow than was the case in 2004/05. In the most recent year, RSLs in 14 areas obtained ASBOs, whereas in 2004/05, the comparable figure was eight.

Table 2.6. ASBOs granted 2003-2006 by LA area

Sources: DTZ surveys and Communities Scotland APSR data.
Note: LAs sorted by rate of orders granted in 2005/06.

2.15 Having set out statistics on the use of ASBOs across Scotland, this chapter now moves on to examine the organisational practices with respect to ASBOs that are in place. It draws upon data from both the annual surveys and case study fieldwork.

Antisocial Behaviour Strategies

2.15 The Antisocial Behaviour etc. (Scotland) Act 2004 requires every LA, together with the relevant Chief Constable, to prepare, publish and review a strategy for dealing with ASB in the LA area. The strategy should set out an assessment of ASB, arrangements for consulting with community bodies, the services available and coordination with the police. Draft strategies were completed by 31 March 2005 and formed the basis of Local Outcome Agreements for funding.

2.16 In preparing a strategy, LAs are required to consult and inform relevant stakeholders: the Principal Children's Reporter, RSLs and groups representing people affected by ASB. Particular RSLs may be required to participate in the preparation, review and revision of strategies, especially those RSLs that are major housing providers in the LA area.

2.17 In all four case study areas ⁹, a strong strategic commitment to addressing ASB was identified. Clear structures were in place for taking forward the ASB strategy, with community planning partnerships often taking a lead role. While the strategic responses and specific objectives set differed according to local priorities, there were common themes across all four.

• Flexible response based upon the Prevention, Intervention, Enforcement and Rehabilitation ( PIER) principles
• Integrated agency response
• Cross tenure response
• Embedded within wider community planning framework

2.18 Importantly, all the case study areas aimed to provide a balanced response to tackling ASB. Enforcement measures, like ASBOs, were provided alongside prevention, intervention and rehabilitation. Practitioners did, however, highlight that while alternative measures of resolution would normally be pursued before an ASBO is sought, in serious cases it may be appropriate to seek an ASBO as the first step in preventing ASB. Therefore, the use of an ASBO is not necessarily part of a sequential chain of events.

Antisocial Behaviour Policies

2.19 At the start of the regime in late 2004, only half of LAs and one-quarter of RSLs reported having documented policies and practices in place. For many LAs, the creation of specific policies and procedures has been a key task over the last few years. This was certainly reflected in the four case study areas. While the case study LAs had policies or procedures in place by the end of the research, these documents had either been created or reviewed over this period.

2.20 The reason for this ongoing review process was elaborated upon by practitioners. While policies and procedures form the basis upon which cases are handled, such documents cannot be regarded as 'static'. Instead, they should be treated as working documents that can be regularly updated in line with new guidance, legislation and experience. Practitioners also commented that the creation of policies and procedures is not simply about creating a document, but it must also involve staff and partner training to ensure that processes are being implemented correctly.

2.21 The policy documents in the case study areas provided some guidance on the types of circumstances in which an ASBO may be used.

• Where alternative measures have been used in full and proved unsuccessful
• Where the ASB is serious and persistent
• Where an ASBO would be part of a multi-faceted approach to tackling the ASB.

2.22 Despite this type of guidance, the policies did little to restrict the range of circumstances in which an ASBO might be used. Flexibility of approach was an overriding principle in all four case study areas. As one practitioner stated, the circumstances of each ASB case are different, therefore it is difficult to set out exact criteria that "justify" an ASBO.

ASBOs and organisational structures

2.23 Having examined the strategic approaches and policies within LAs, it is useful to reflect upon the organisational structures in place for progressing ASBO applications. The first annual survey found that housing departments (or their equivalents) most commonly led activity related to ASBOs: this was the case in 19 of the 32 LAs. Also common was the move to establish specialist teams or posts to handle ASB and ASBOs, with at least 21 authorities adopting such a response. Arrangements took a range of forms including:

• specialist teams utilising Scottish Executive mainstream funding, including a dedicated legal team, support workers and witness advice across all tenures;
• specialist ASB or investigating officers;
• community safety teams within which an ASB unit operates;
• social protection teams involving wardens, investigators, police and street mediators; and
• Neighbourhood Relations Team with dedicated staff and legal team, multi-agency working and an 'out of hours' service.

2.24 Interestingly, survey evidence did not reveal any clear relationship between the existence of specialist teams and the incidence of ASBOs. In 2003/04, the ten LAs with the lowest numbers of applications per 100,000 households all had specialist teams. Of the ten LAs with the highest number of applications per 100,000 households, six had specialist teams. It should be noted that several teams were recent in origin and, consequently, it may be premature to make an assessment of their impact on ASBO usage. However, different teams may adopt different strategies, therefore the existence of a specialist team does not necessarily equate to either high or low use of ASBOs.

2.25 Among RSLs, specialist ASB posts or teams were comparatively rare. Only three of the 82 responding RSLs reported that such arrangements existed in their organisation. It is, however, notable that two of these (Glasgow Housing Association and Melville Housing Association) were among the highest in the country in relation to the numbers of ASBO applications over the last three years.

2.26 In terms of operational responsibilities, specialist teams had been established in three of the four case study areas (see Table 2.7). In Dumfries and Galloway, ASBOs were operationally administered via their legal department, but a new specialist ASB team was in the process of being established during the period of the research.

Table 2.7. Structure of LA case study areas

Source: Case study research.

2.27 For the three LAs with specialist teams in place, a key outcome of specialist working was the ability to develop innovative working methods and promote multi-agency working. It was also felt that specialist teams had the capacity and skills to improve the speed and quality with which evidence was collected, therefore increasing the chances of a successful outcome in court. This was primarily because specialist staff were thought to have the capacity to build knowledge and expertise in ASB, and are not 'pulled away' to other non-related duties. As one practitioner commented:

'The Antisocial Behaviour team have got better at preparing the case, and legal have got better at getting things into court'.

2.27 This increased efficiency is reflected in the fact that in all four areas, very few ASBO applications are actually rejected by the courts. This was also the case in Dumfries and Galloway, where, although there was no specialist team, the legal staff involved in ASBOs had developed significant expertise in the area.

2.28 This same perspective was voiced by the LA and RSL practitioners participating in the focus group work. Practitioners felt that within dedicated teams there is a greater confidence in taking forward ASBO applications and that staff 'very quickly become experts'.

2.29 While a separation from housing management functions was cited as an important aspect of specialist teams, there remained a close relationship between dedicated ASB staff and housing officers (this was also the case in the stock transfer area examined). Indeed, the lead agency in all but one area was the housing department (see Table 2.7). Reasons for this continued relationship between ASB and housing are multi-faceted. For the most part, complaints continue to be focused around or in residential areas. Therefore, ASB and associated responses (such as ASBOs), are a good fit with the responsibilities of this department. Associations were also found to be historical, for example in Dundee the existing service has been built upon the foundations of what has been developed by the housing department over the previous years.

2.30 Case study LAs were undertaking significant restructuring with respect to the operational management of ASBOs. Organisational changes may reflect the fact that many LAs are still in the process of understanding and defining ASB within their local area. Although they are building on previous activities, ASB strategies and interventions are at an early stage and are still evolving. Examples of changes taking place in the case study areas are provided below.

• Post-fieldwork, Dumfries and Galloway Council established a dedicated ASB team, consisting of one manager, two team leaders and five officers based across the LA. Where an ASB incident falls within the remit of a readily identifiable agency (i.e. a housing association) it will, at least initially, continue to investigate and deal with the incident. Where there is no readily identifiable lead agency or where the case is complex, the ASB incident will be referred to the ASB Team for investigation. The new team will also adopt full responsibility for the arrangement and chairing of case conferences.
• In Dundee, the specialist ASB team has been reorganised, with a number of new posts being created to reflect the growing demands being placed upon the service. These include a dedicated solicitor, policy officer, education and publicity officer and surveillance officer.
• Since the completion of the fieldwork, the City of Edinburgh Council has been taking forward a comprehensive review of the Council's role, strategic direction and approach to service delivery. In April 2006, the Services for Communities Department was created, bringing together a range of services including housing. Notably, the Antisocial Behaviour Division has been located within Community Safety (rather than housing as was previously the case). As well as ASB, Community Safety includes environmental health, regulatory services, trading standards and analytical services. This change has separated ASB from the traditional landlord function and reflects a desire to define ASB as a multi-tenure concern. Although details of restructuring are yet to be finalised, it is expected that it will involve the decentralisation of the existing dedicated ASB team.
• A specialist team had recently been created within an RSL in one of the case study areas. The structural changes were devised to address concerns from staff that limited time and resources meant it was not possible to address ASB proactively. Under the new structure, housing management teams will continue to investigate any initial complaints. The specialist ASB team (consisting of a ASB manager and a ASB officer) will provide specialist support to housing officers (i.e. advice on ongoing cases), co-ordinate case conferences and prepare cases to pass to legal services. The RSL hope that this will release housing officers from this activity and provide a dedicated resource for tackling ASB.

Treatment of cases referred for possible ASBO action

2.31 Although the structure of LA and partner agencies varied across the four case study areas, the treatment of cases referred for possible ASBO action is broadly similar in each. It should be noted that in all of the LA case study areas it was emphasised that it was extremely difficult to attempt to be prescriptive about the steps that should be taken in a case. It was commonly believed that while procedures helped to guide staff, flexibility of approach was essential.

2.32 Following the receipt of a complaint, it was normal practice for the agency receiving the case (e.g.. LA housing department, RSL, police) to conduct an initial investigation. This would normally involve taking a statement from the complainer and other parties and, if the incident is corroborated, a visit to the offender. One practitioner noted that it is often the case that people do not realise their behaviour is causing distress and alarm to others and a visit may be enough to stop the behaviour.

2.33 At this point, it is necessary to classify the incident; i.e. whether it is ASB and, if so, the seriousness of the complaint. Making such a classification is important as it will determine what action should be taken next, e.g. many RSLs, for example, differentiate between 'serious' and 'non-serious' ASB complaints - the former calling for an immediate response - possibly including legal action - and the latter which can be addressed more routinely.

2.34 If complaints continue, the case would be investigated further. This may either be by the lead agency or, if required, cases may be referred to specialist ASB teams. Generally, specialist teams only become involved if a) there is no easily identifiable lead agency, or b) the cases relates to serious or persistent ASB. Further investigations can involve a range of methods, including visiting the complainer, speaking to neighbours and requesting full police records relating to the individual or property. Other measures such as surveillance, sound recording and liaison with other agencies (such as social work, police, health or education) may also take place.

2.35 Depending on the assessment of the case and the type of behaviour involved, alternative measures such as warning letters, an Acceptable Behaviour Contract ( ABC) or mediation would be considered and used as required (see Chapter 6 for more details).

2.36 If the ASB continues, a case conference or case management meeting will usually be convened to discuss and agree action. By the time a case is referred to an ASBO case conference, the subject will almost certainly have been contacted by the originating agency, sometimes repeatedly over a long period, e.g. through visits, warning letters and other measures.

2.37 Case conferences always include the lead agency (normally specialist ASB team, housing staff or police), as well as representatives from other agencies where they have an interest, for example, social work or education. Where a key partner is unable to attend the case conference, they may be contacted by email or telephone to collect any information relevant to the case. This procedure helps to ensure that the decisions made at case conferences are based upon full and up-to-date information.

2.38 During case conferences, cases are normally discussed in terms of:

• the nature and persistence of the reported offences;
• availability of evidence;
• any action already taken by the originating organisation; and
• the likely effectiveness, i.e. the nature of the household concerned and whether other agencies are already involved in providing support or remedial action.

2.39 The case file review found only four recorded exceptions where a multi-agency case conference did not precede a decision on whether to seek an ASBO from the court. These are described below.

• Use of an ASBO at a very early stage before case conferences became routine.
• Case involving extreme ASB (perpetrator had outstanding criminal charges for assault, although the ASB itself did not involve violence). A very large amount of evidence (e.g. police reports) had been amassed to support the application. There had been various attempts to get the subject to accept support.
• A warning letter was issued following an instruction by the police and a police report. This was followed by a serious incident triggering the subject's arrest; criminal charges were subsequently brought. As the warning letter had referred to the possibility of an ASBO and given the serious nature of the incident, an ASBO application proceeded without case conference.
• An ASBO was sought from the court as a matter of urgency due to the seriousness of the perpetrator's misconduct. However, telephone contact was made with Criminal Justice, police and other agencies. A case conference followed shortly after the application.

2.40 Across all the case study areas, practitioners agreed that there is generally a consensus on action within case conferences and disputes were very rare. This reflects the level of preparation made prior to a case. In the few cases where consensus cannot be achieved, the ultimate decision would usually rest with the LA.

2.41 One practitioner felt that the case management approach has assisted in the development of joint working, while another commented that case conferences are one of the best aspects evolving from the new ASBO legislation. It was reported that being able to hear the views of all parties ensures that any decision made fully considers the impact on all those concerned and not just on one organisation.

Court hearing and Court procedures

2.42 ASBO applications are made by LAs or RSLs through an application to the Sheriff Court. In most instances, LAs and RSLs themselves are the original source of the request for a case to be considered as potentially meriting an ASBO. In 2005/06, this was true of 68 per cent of ASBOs granted. Just over one in ten ASBOs granted (12 per cent) resulted from a request made to a LA by the police. In 18 per cent of cases, the original request came from a resident (typically a council or RSL tenant but in a few cases a home-owner). The annual surveys indicate that there has not been any significant change in the source of applications in the last three years.

2.43 A typical ASBO application to Court is outlined below, however, this may vary according to differing circumstances.

Step 1 - Application in the form of Initial Writ lodged with Sheriff Court
Step 2 - Warrant to cite granted, which includes the date fixed for the hearing
Step 3 - Applicant services copy on defender
Step 4 - Interim hearing. Sheriff may grant interim ASBO (defender has 14 days to appeal)
Step 5 - Date for hearing for full ASBO set
Step 6 - If defender fails to appear, the Court, if satisfied that the behaviour averred constitutes ASB and that an ASBO is necessary, may grant an Order
Step 7 - If the defender appears and challenges the application, a further hearing date will be set for hearing evidence.

2.44 Generally speaking, the Courts wish to see as much detail as possible on what complaints have been made and when. Importantly, the LA would always ensure that the information presented to the Court is as up-to-date as possible. Sheriffs will normally wish a clear illustration of what other steps have been taken to address the ASB in order to satisfy them that an ASBO is the most appropriate remedy and that there are no alternative measures that have not been exhausted.

2.45 Interestingly, one LA stated that it was not necessarily the volume of evidence that was important to Sheriffs, but the quality of the evidence. In one recent case, the LA was granted an ASBO on the basis of five incidents. The LA concerned commented that the LA is becoming much clearer upon the type or evidence that is required in Court. This, is turn, is allowing the team to become more efficient and confident in taking cases to Court. The appointment of dedicated solicitors was also thought to assist in speeding up the process.

2.46 The case file review estimated that 81 per cent were undefended. One LA case study stated that cases that proceed to the full ASBO tend to be undefended and unrepresented as in order for those on a low income to be represented by a solicitor in the civil courts, they would have to qualify for civil legal aid. Yet the case study evidence suggests that the proportion of cases undefended varies across Scotland: in one area the proportion of undefended cases was around 50 per cent, while in another it was as low as 30 per cent. The reasons for such variations are unclear.

2.47 If a case was defended and a full proof hearing was required, officers investigating the case would provide evidence alongside victims of ASB. However, as the majority of cases are undefended, this requirement is rare used.

2.48 Overall, it was felt that Sheriffs have a good understanding of the legislation relative to ASBOs. One LA stated that Sheriffs scrutinise applications closely and ensure that all assertions are proven. One practitioner stated:

'[the process] is far quicker than before … sheriffs are beginning to understand'.

2.49 However, practitioners did highlight issues around the consistency of approach within different Sheriff Courts, both within and across LAs. In one area, certain Sheriffs were considered to be 'more sympathetic' to ASBO applications than others.

Relative Importance of Interim and Full ASBO Applications

2.50 As well as examining the circumstances in which an ASBO application would be pursued, the case study research also considered the decision-making with respect to pursuing interim or full Orders. Interim ASBOs were introduced by the 2003 Act, intended to provide more immediate protection from ASB, and can be applied for pending a full application. The Sheriff may grant an interim ASBO provided the individual in question has received intimation of the initial writ and the Sheriff is satisfied that the antisocial conduct that is the subject of the complaint would be established when a full hearing takes place. The Sheriff must also be satisfied that an interim ASBO is necessary to protect individuals from further antisocial acts or conduct.

2.51 According to the survey, full ASBO applications typically involve cases where there is already an interim Order in force. This was true of some 56 per cent of the 252 full ASBO applications made by LAs in 2005/06. The other 44 per cent of LA full ASBO cases involved a full Order being sought from the outset.

2.52 However, there are marked differences between LAs in terms of the proportion of full ASBO applications involving cases where an interim Order was already in place. In Edinburgh, Dumfries & Galloway and South Lanarkshire, for example, interim Orders were already in place for at least 80 per cent of full ASBO applications in 2005/06. Conversely, in Fife, Inverclyde and North Lanarkshire, more than three-quarters of full ASBO applications related to cases where there had been no previous application for an interim Order (see Table A1.2 - Annex 1).

2.53 Of the 255 cases involving ASBOs granted to LAs in 2005/06, approximately two-thirds involved full Orders (including Orders initially granted on an interim basis) ¹⁰. The remaining cases were those where the courts had granted interim Orders only. In some of these latter instances, a full ASBO will be sought and granted in the following financial year. In others, the case will never progress to a full ASBO. It is not possible to state precisely the number of interim Orders that will never result in a full ASBO, as the data collected relates to the status of ASBOs at a particular point in time. However, the case study evidence below indicates that half of the Orders that were interim at the time of the review were actively being pursued for full Orders ¹¹.

2.54 Looking at this issue in a slightly different way, the survey findings confirm that individuals subject to full ASBOs have usually previously been bound by an interim Order. This was true of 69 per cent of the 170 known full ASBOs granted to LAs in 2005/06 (see Table A1.4 - Annex 1).

2.55 For all four case study LAs, it is standard practice to seek interim ASBOs in the first instance. In only one LA (North Lanarkshire) is this policy a recent change. At the start of the regime the LA tried to 'reserve interim orders for the most urgent cases'. However, the benefits of an interim Order have since been recognised and the LA will now generally apply for an interim in the first instance.

2.56 Generally, interim ASBOs were described as being quick to process, therefore providing LAs and their partners with the power to deal with ASB while continuing to pursue a full ASBO application. Indeed, interim ASBO applications could also be granted while legal aid is being processed, therefore dealing with any potential delays resulting from such applications. For one practitioner, the decision to pursue an interim Order was not simply an issue of timescales. Instead, they reflected upon the way ASBOs are viewed as the last resort in tackling ASB.

'[We] always apply for an interim ASBO. If the issue is as serious as to require an ASBO, it is required immediately'.

2.57 Importantly, none of the LAs regarded interim measures as permanent. Instead, it was accepted that they are to be used to provide relief while a full order is being processed, and are therefore intended as a temporary measure only. As one practitioner stated:

'they are a short-term measure required to protect the community from ASB'.

2.58 As noted above, some cases will never progress to a full ASBO. Case study evidence suggests that this may be explained in a number of ways. Firstly, perpetrator behaviour may improve to an extent that it is considered that there is no need for further action. Secondly, the perpetrator may move away from the locality or otherwise 'disappear'. Thirdly, the perpetrator may be arrested and held in custody in connection with criminal offences (related or unrelated to the misconduct prompting the interim ASBO application).

2.59 The case file review sought to examine the potential role that interim ASBOs have in terms of improving behaviour. The review identified 78 cases where an interim Order was obtained, of which the majority (56) were followed by a full Order. Of the 22 Orders that were interim at the point of the review, only 11 were not being actively pursued for full Orders. The reasons for this are provided below.

• Five perpetrators had improved their behaviour, removing the need to seek a full Order. In one case, the interim ASBO was to be followed (rather than preceded) by an ABC
• Four interim ASBO subjects had terminated their tenancy to which the Order was linked
• One case had been delayed in Court as lawyers were unable to get instructions from their client. The case had been listed for six months, with a review planned at this point.
• One interim ASBO (Edinburgh) was subsequently withdrawn in the light of evidence on the perpetrator's mental ill-health. Alternative support measures were put in place.

2.60 While this indicates that interim Orders can result in an improvement in the behaviour, the above evidence implies that this occurred only in a relatively small number of cases. In most instances (56 out of 78), it remained necessary to proceed to a full Order.

Time Taken to Prepare ASBOs

2.61 Both the 2003/04 and 2004/05 surveys attempted to collate data on the time taken to prepare an ASBO application for submission to Court. In 2004/05, around half of all ASBO applications (whether interim or full) took less than a month to prepare. The results also suggest that the time it takes to prepare an ASBO application reduced between 2003/04 and 2004/05.

2.62 However, a significant proportion of both interim and full applications continued to take over four months to organise, raising the question as to why applications should be taking such a long time. Part of this issue may be explained by the way in which the term 'application period' has been interpreted. Through discussion with LAs and RSLs, there was a lack of clarity around what should be considered to be the 'application period'. For example, does it commence when an organisation requests a case conference, at the point of the case conference or when the legal documents are actually being completed? Some cases may have be opened, but the application suspended while alternative measures, such as ABCs, were pursued. The differences in how the 'application period' is interpreted may account for the 15-20 per cent of ASBO applications taking more than four months to be prepared.

2.63 Interestingly, respondents to the 2004/05 survey did not highlight any major issues relating to timescales. Where ASBO cases did face a major delay, this most commonly related to the scheduling of Court time and legal aid applications. It is likely that the introduction of interim Orders has assisted in alleviating many of the issues associated with timescales. An interim Order can provide relieve from the ASB and a full hearing date can be set at this point.

2.64 The case study work has provided further evidence on the issue of timescales (see Table 2.8). Applications for cases proceeding straight to a full ASBO took around 17-18 weeks from application to court to the date of the full hearing.

2.65 Interim ASBOs were granted in fairly short timescales, generally in less than a month from the date of the original application to the court. Cases continuing to full ASBOs took around 13 weeks for the full Order to be granted. This length of time was influenced by a number of factors: primarily, the desire to monitor the interim Order to identify any continuing misconduct or to await a decision on legal aid. Officers would continue to collect evidence in the period between the interim Order being granted and the full case being brought to court.

2.66 In the case study areas, the average length of time between the application to court and the full hearing is influenced by six cases with a particularly long lead-in time. These cases took between 18 and 63 weeks between the application and the full hearing. In two cases, the long timeframe related to legal issues (in one case, the subject's solicitor was unable to take instructions and in the other, several hearings were required before the case was concluded). In the other cases, the LA was either monitoring the impact of tenancy measures or was waiting for the subject to be released from prison before proceeding with a full ASBO.

Table 2.2. Lead in time to granting of Orders

Source: Case study research.
Note: Incomplete data, based on 60 cases only.

2.67 Observations from the case study work also revealed the amount of work that LAs and their partners put into each case of ASB. Those interviewed emphasised the importance of using multi-agency case conferences to consider how individual cases should be dealt with. Where possible, LAs and their partners would always consider alternative methods prior to applying for an ASBO. While tackling ASB as quickly as possible was important to all case study authorities, ensuring that each case is investigated thoroughly and conscientiously was more important than timescales per se.

2.68 No detailed questions relating to the length of time it takes to obtain an ASBO were included in the 2005/06 survey ¹². However, respondents were asked whether they felt that the amount of time taken to prepare an ASBO application had changed in the last four years. The results are illuminating.

2.69 Of the 21 LAs responding to the question, 12 stated that the amount of time to prepare an ASBO had been reduced. The main reasons for this change included the development of better or more streamlined procedures, the appointment of specialist or dedicated ASB teams and, more generally, greater experience and knowledge of ASBOs.

'Timescales have improved as a result of developed experience across our partner organisations and, also, as a result of dedicated resources available from the Council's Antisocial Behaviour Investigation Team'

2.70 LAs responding to the 2005/06 survey also noted that the appointment of dedicated solicitors was helping to both speed up the service and improve quality.

'There are vastly improved timescales and level of service with recruitment of an in-house solicitor'

2.71 It was also commented that Sheriffs now understand the process better, assisting to speed up the process. In line with the case study findings, one respondent also noted that the introduction of interim ASBOs has helped to provide a 'quick remedy' to ASB in a number of cases.

Joint working

2.72 Finally, in this section, it is worth reflecting upon the quality of multi-agency working with respect to ASBOs. At a strategic level, a multi-agency approach to addressing ASB has clearly been adopted by each of the case study authorities. While there are efforts to link the ASB strategy to other strategies, there was not yet the capacity to strengthen such linkages. One practitioner noted a particularly weak relationship between the ASB strategy and the Youth Justice Strategy in his area.

2.73 From a policy perspective, there has been some significant work to develop multi-agency strategies. It was felt by some consultees that the introduction of dedicated ASBO policy and procedures have contributed to strengthening relationships with partners. The adoption of case management or case conference approaches reflects this and demonstrates that ASB lead agencies are committed to involving other agencies. In some LAs, it was thought that the quality of case conferences varied, however, and that it had to be accepted that such processes are at an early stage and staff are building trust. LAs commented that improvements in terms of involvement in case conferences have improved over the last few years.

'There can be a mutual lack of understanding between Social Work and Housing or Community Safety. However, relationships at an operational level have improved significantly in recent years'.

2.74 The establishment of specialist or dedicated ASB officers has increased the potential for co-operation. One case study area was moving to this system with this objective in mind. Dedicated officers are able to devote the time to building relationships with partners and specialist teams in the case study areas regularly delivered training and awareness raising programmes to publicise their work.

2.75 The case study work has highlighted a number of new partnership arrangements and processes that are seen particularly positively. These are described below.

• A seconded housing officer working within the Children and Families Department. The officer attends all case conferences relating to ASB and provides a connection between social work and community safety disciplines.
• Tayside Police formed a Community Intelligence Unit ( CIU) working in conjunction with DCC Housing Department, with a remit to deal with ASB.
• Six neighbourhood-based Police Safer Communities Units, which have been established since 2003/4. Each team comprises of one sergeant and five constables deployed in areas of the city that have been identified as suffering from increased levels of ASB. The teams have a specific remit to introduce community policing in designated neighbourhoods and to work closely with council departments to tackle ASB and ensure that effective information sharing protocols are introduced.
• Information sharing protocols between the LA, police and RSLs.
• Joint training initiatives between the LA and private landlords on ASB and ASBOs.

Summary of main findings

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 nationally.
• 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 GHA and other Glasgow-based associations.
• Variation in ASBO activity is partly related to the varying size of authorities. However, taking population totals 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 (though some Orders have been sought by Glasgow RSLs). Edinburgh has recorded a rapidly growing number of applications in recent years, up from six in 2004/05 to 41 in 2005/06. The limited scope of the research, with detailed investigation being limited to four case study LAs meant it was not possible to explore the possible reasons for the differences across LAs.
• 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 ¹³. 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. Unfortunately, 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.

ASBO Processes

• ASBOs as a tool have a fairly prominent place within ASB strategies, however, their use is generally restricted to cases 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 to 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. This was especially the case in relation to 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.
• The process for taking an ASBO application into Court has not changed, however, the process 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 interim Orders normally being heard within 4 weeks. 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.

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