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Putting our communities first: A Strategy for tackling Anti-social Behaviour

introdution

"A Partnership for a Better Scotland: Partnership Agreement" includes the commitment to legislate to tackle anti-social behaviour, particularly by a minority of young people. It is not acceptable that a small number of individuals and families can act in ways that cause anxiety, alarm and fear for their neighbours and others in their community. We are determined to stand up for the law-abiding majority. We want to deal with anti-social behaviour when it takes place. But we will also work to change that behaviour.

This paper outlines the Executive's broad strategy and makes a range of policy proposals for legislation and other action. The paper starts by setting out the reasons why tackling anti-social behaviour is such a key priority for the Scottish Executive. It then addresses each of our proposals in turn. Each section finishes by seeking "Your Views" on specific issues. The paper also covers a range of other proposed measures which, while not requiring legislation, are important in the fight against anti-social behaviour. We would also welcome views on these. Taken together, these measures represent a big step forward in protecting Scotland's communities from anti-social behaviour and the fear of crime.

Responses

You are invited to respond in writing, and to make any other points you consider relevant, to:

Anti-Social Behaviour Team (consultation)
Scottish Executive
Area 1-F (Bridge)
Victoria Quay
Edinburgh
EH6 6QQ
0131 244 4900
or email: ASBBill@scotland.gsi.gov.uk

Please reply by 11 September 2003.

For further information, or if you would like this document in another format or language, please contact as above. We will try to accommodate your needs.

Copies of responses received will, as is normal practice, be made available on request, unless respondents indicate that all or part of their response is confidential.

In addition to seeking written comments, we will be organising a programme of meetings with key stakeholders during the consultation period. This will include communities affected by anti-social behaviour and the range of agencies, statutory and voluntary, involved in tackling it. Please contact us (see above) if you would like to be involved in that process.

Background and Context

Improving the quality of life of Scotland's people is one of the key priorities of Scottish Ministers. Central to achieving this aim is dealing successfully with anti-social behaviour.

Everyday in Scotland people are subjected to behaviour from others that blights their lives, undermines families and can ruin the physical, economic and social fabric of communities. In many of our communities, people feel powerless to stand up to the few who cause most of the trouble. If they do take a stand, they are often threatened and intimidated or feel their concerns are ignored.

People should not have to put up with mindless vandalism, graffiti and litter, noisy and aggressive neighbours, and intimidating, disruptive and drunken behaviour. We must create an environment in which this behaviour is not tolerated and where the minority of people who indulge in it fully understand the consequences of their actions, and know that they will be dealt with speedily and firmly. We must stand up for the decent, law-abiding majority.

One of the most frequent concerns raised with MSPs and councillors is the problem of youth disorder and particularly the need to strengthen our response to persistent young offenders. Sometimes difficulties arise because of a clash of lifestyles, particularly between young people and their elderly neighbours, but most people can tell the difference between the normal problems and challenges of growing children and seriously disruptive and unacceptable behaviour. We are determined to tackle the latter, by introducing measures to encourage young people to change their behaviour and, where they do not, to impose firm sanctions.

However, we must not forget that anti-social behaviour is not confined to young people. Our strategy is designed to deal with anti-social behaviour whoever engages in it - youngster or adult - and wherever it happens. Shops and businesses that, for example, fail to remove rubbish from outside their premises or permit excessively loud music are just as anti-social. They must be held accountable for their actions.

Not everyone is the direct victim of anti-social behaviour, but the consequences affect us all. The need to deploy resources to deal directly with anti-social behaviour is a significant and ongoing financial burden for many agencies, including the police, local authorities, Registered Social Landlords (RSLs) and the courts - resources that could be put to other, more productive uses. There are also wider social costs. Anti-social behaviour leads to a downward spiral where more serious crime takes hold and where the regeneration of whole communities is held back or reversed.

Tackling anti-social behaviour cannot be the responsibility of one or even a few agencies. It requires collective effort by local authorities, social services, schools, the police, environmental health officers, businesses and, of course, residents themselves. And it requires the active support of central government.

What is Anti-social Behaviour?

In relation to Anti-social Behaviour Orders (ASBOs), Section 19(1) of the Crime and Disorder Act 1998 defines anti-social conduct (which includes speech) as "that which causes or is likely to cause alarm or distress to one or more persons not of the same household". In practice, anti-social behaviour covers a wide range of behaviours with different levels of intensity - from dropping litter to physical violence:

• Harassment and intimidating behaviour
• Behaviour that creates alarm or fear
• Noisy neighbours
• Drunken and abusive behaviour
• Vandalism, graffiti and other deliberate damage to property
• Nuisance from vehicles, including parking and abandonment
• Dumping rubbish and litter.

Anti-social behaviour is manifested in hundreds of different ways in different locations, but the effects of each incident are immediate, real and personal.

The Scale of the Problem

Unless infringements of reasonable behaviour - including relatively minor incidents - are dealt with speedily and firmly, they can lead to more serious criminal problems in communities. Broken windows that do not get fixed quickly, graffiti that is left on walls, abandoned cars that are not taken away promptly, all contribute to an environment in which people begin to feel ignored and helpless. People who have the means to do so begin to move out, with the most vulnerable left to cope with the consequences. It is in this environment that crime takes hold and a persistently anti-social minority - sometimes only a few families - begins to ruin whole communities.

The most recent statistics show that, while overall recorded crime fell by around a quarter between 1992 and 2002, recorded offences associated with anti-social behaviour have got worse:

• In 2002, 74,169 breach of the peace offences were recorded, 34% higher than in 1991
• In 2002, 54,726 petty assaults were recorded, 33% higher than 1991
• Recorded fire-raising and vandalism increased by 6% between 1991 and 2002. These crimes now account for approximately 1 in 5 recorded crimes.

The statistics also suggest that drug crime is on the increase: while the most recent police performance reports highlight problems of public disorder, vandalism, and drinking in public places.

The Scottish Children's Reporter Administration (SCRA) annual report for 2001/2 shows that, between 2000/1 and 2001/2, the number of children referred to the Children's Reporter because they were outwith parental control rose by 26%; and the number of persistent offenders rose for all categories - in the case of those with 7-9 offences, by as much as 10%.

Crime statistics are likely to under-estimate the scale of the problem, because much anti-social behaviour goes unreported. People do not report it because they fear recriminations, often with good cause. They may believe the incident is too trivial to report or they may lack the confidence that the relevant authorities will deal with it speedily and effectively. Yet surveys show that there is real and growing public concern in Scotland about anti-social behaviour and youth nuisance.

The 2000 Scottish Crime Survey found that, although improvement had taken place since the previous surveys in 1993 and 1996, a significant proportion of citizens' lives were affected by anti-social behaviour. For example, 40% of female respondents in the 2000 Scottish Crime Survey felt "very" or "a bit unsafe" when walking alone after dark and this rose to 50% in respect of women aged 65 and over.

The problems that respondents found most common in their neighbourhoods were:

The 2002 Scottish Household Survey shows that:

• 10% of adults reported some experience of vandalism in the previous year
• Of those who experienced one or more serious neighbour disputes that were reported to the police or local councils, only 50% were satisfied with the response they received from the police and only 32% with the response from the council.

The Scottish Executive's 2002 Survey of Public Attitudes to the Environment in Scotland found that:

• 89% of respondents thought litter was "quite a big" or a "very big" problem in Scotland, and was perceived to have got worse over the last 5 years by almost 7 in 10 of the people surveyed
• Dog fouling was seen as "quite a big" or "very big" problem by 79% of respondents, and half felt the problem was worse than 5 years ago.

Anti-social behaviour can happen everywhere, but the brunt of it is felt by communities in deprived areas. The Scottish Household Survey shows that most types of neighbourhood problems - litter, graffiti, noisy neighbours, young people hanging around - are most commonly experienced, although by no means exclusively, in areas of social housing. Vulnerable individuals and families who are struggling hard to overcome disadvantage and social exclusion should not have the added misery of living in physically scarred areas where anti-social behaviour and crime are prevalent. We must tackle anti-social behaviour if we are to achieve the Social Justice target of increasing residents' satisfaction with their communities and the Social Justice milestone of reducing crime rates in deprived areas.

Young people are more often the victims of crime and anti-social behaviour than the perpetrators. Where they are involved in anti-social behaviour, early intervention can often have a positive effect on young people, making them realise their behaviour is unacceptable and pointing them in the right direction. However, a particularly worrying development in recent years is the number of children and young people who are involved in persistent crime and anti-social behaviour. While it is a small proportion of the total, this group put other children in the community at risk of getting involved in anti-social behaviour and are responsible for untold damage and misery.

The Causes of Anti-social Behaviour

The root causes of anti-social behaviour are complex and inter-related. They include:

• Family problems - parental criminality, poor parental supervision/discipline, conflict
• School and education problems - non-attendance, lack of motivation, poor educational attainment
• Employment problems - lack of skills, qualifications and jobs, low income
• Social and medical problems - drug and alcohol abuse.

Tackling the factors that put people at risk of anti-social behaviour is a difficult task. It requires comprehensive and long-term strategies, which must involve a wide range of local agencies, including the police, local authorities, RSLs, schools, health workers, social workers and community wardens. Interventions also need to draw on the skills and expertise of community-based organisations such as mediation schemes, drug and alcohol support services and mental health projects. Most important of all, local people have to be involved. They know better than anyone the problems facing their communities and they have to take an active part in solving them.

Where We Are Now

Combating anti-social behaviour is not a new priority for the Scottish Executive or its partners. A range of measures was put in place during the last Parliament. These are already playing an important part in tackling the problem. Across the country, local agencies and local people, supported by the Executive, are working together to tackle the problems that can lead to anti-social behaviour. A lot of good work is being done. But we need to do more.

The key actions, which cover prevention, management, enforcement and rehabilitation, include:

• Record numbers of police officers and record police funding
• The introduction of probationary tenancies for people who have been evicted for anti-social behaviour or people who have had an ASBO granted against them or a person residing with them. Suspension of right-to-buy for any tenants subject to recovery procedures as a result of anti-social behaviour
• The introduction of ASBOs and, more recently, interim ASBOs, which allow more immediate action against anti-social tenants pending the outcome of the substantive application for an ASBO
• The Action Plan on Youth Crime, with funding of £85m over 4 years, which includes piloting of youth courts, fast track Children's Hearings and a national system of restorative cautions
• Funding of £4m a year over the next 3 years to support Community Safety Partnerships
• The introduction of community warden schemes and other community-based measures to tackle anti-social behaviour, with funding of £30m over 2 years from 2004/5
• From October 2003 the police and local authority workers will have the power to issue Fixed Penalty Notices to people in charge of a dog who allow it to foul and do not pick it up.

In addition to the above, the Executive has put in place a range of educational, health and regeneration programmes, which are helping to tackle the wider risk factors that can lead to anti-social behaviour, including:

• The Quality of Life Initiative, with funding of £180m over the next 3 years, which local authorities are using to make streets safer and cleaner, tackle vandalism, graffiti and dog-fouling, manage parks and open spaces and improve services for children and young people
• Sure Start Scotland, with funding of £108m over the next 3 years, which provides support to vulnerable and deprived children aged 0-3 through integrated health, care and parenting services
• The Changing Children's Services Fund, with funding of £175m over 3 years
• Social Inclusion Partnerships and, in future, Community Planning Partnerships, to promote regeneration and social inclusion, with funding of £180m over 3 years. SIP funds are being used to support a range of community safety issues, such as CCTV in shopping centres, support for ethnic minorities and innovative projects linking police, SIPs, other agencies and the community in a more localised setting
• The Better Neighbourhood Services Fund, aimed at improving services in deprived communities, with funding of £90m over 3 years. A number of local authorities and their community planning partners are using BNSF funds for a range of community safety activities, including community wardens, additional community-based police, CCTV, improved street lighting and detached youth teams
• Communities Scotland is committed to ensuring that 95% of the new social housing approved each year meets the Secured by Design standards, which use modern design features to reduce the opportunity for crime
• Around £190m is spent each year on tackling Scotland's drugs problems. Delivery of the Executive's drugs strategy includes action to apprehend and convict those who deal drugs; to treat and rehabilitate those who have developed addictions, and who may engage in anti-social behaviour and support their addictions through crime; to support communities affected by drug misuse; and to guide young people towards healthy, drug-free lifestyles. Innovations, including drug courts and Drug Treatment and Testing Orders, are helping to break the cycle of drug misuse and offending

• Homelessness funding - £30m over the next 3 years to supplement the implementation of the Homelessness Act including funding projects that address homelessness due to anti-social behaviour
• The Executive's 2002 Plan for Action on Alcohol Problems, which sets out a series of measures to reduce alcohol related harm in Scotland for a range of bodies, including NHS boards, local authorities, the police, the drinks industry and licensed trade and the voluntary sector. The two key priorities of the Plan are to reduce binge drinking and to reduce harmful drinking by children and young people.

While we have done much already, the clear message from the public is that more remains to be done to address their concerns. Over the course of the next Parliament the Executive will prioritise combating anti-social behaviour. The steps we intend to take are covered in the next section.

The Way Ahead

We have already invested a considerable amount of energy and resources in tackling anti-social behaviour. However, it is increasingly clear that what has gone before - although helpful - has not been enough. We need a step change across Scotland to deal with anti-social behaviour and the effects, often long-lasting, that it has on people's lives.

We will build on what has gone before. But our new proposals put more emphasis on the following key elements:

• We will provide quicker and more effective responses to residents' complaints about anti-social behaviour
• The perpetrators of anti-social behaviour will be dealt with more swiftly and effectively. We will put in place clear measures that provide progressively firmer sanctions against people who refuse to change their behaviour. We want a clear hierarchy of interventions that deal with the problem in the appropriate manner at every stage
• We will support people in reclaiming their communities for the law-abiding majority. Local people must be genuinely involved in helping to find solutions to the problems of anti-social behaviour. Top-down solutions will not work without the active support of communities.

Our strategy to tackle anti-social behaviour has four themes which are set out in the following sections:

• Protecting and empowering communities
• Preventing anti-social behaviour - children and families
• Building safe, secure and attractive communities
• Effective enforcement.

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