Antisocial Behaviour
Anti-social behaviour refers to any form of nuisance, incivility, disorderly or offensive behaviour which impacts negatively on the quality of life of the wider community or its inhabitants. Inevitably, such a broad term can encompass everything from nuisance neighbours and drug dealing, to anti-social drinking and vandalism.
Although the term can apply to anyone, it is usually associated with young people and individuals/groups from poor neighbourhoods. This is particularly true in the media, which has played an influential role in driving the anti-social behaviour agenda set by the Scottish and UK governments.
In Scotland, the Antisocial Behaviour etc (Scotland) Act 2004 provides the legislative framework for local authorities and the police to tackle antisocial behaviour in their areas. Among the powers at their disposal are Anti-social Behaviour Contracts/Agreements (ABCs/ABAs) and Anti-Social Behaviour Orders (ASBOs). For more information on the range of powers available to local authorities under the Act, as well as policy guidelines, documents and examples of good practice the Scottish Government’s Guidance on Anti Social Behaviour Orders should be consulted.
Policy in relation to Antisocial behaviour in Scotland was updated in 2009 when the Scottish Government and the Convention of Scottish Local Authorities (COSLA) jointly published their Framework for Tackling Antisocial behaviour, 'Promoting Positive Outcomes. The Framework provided a new emphasis on prevention and early and effective intervention.
The ASB Implementation Plan, developed in consultation with partners, was published in October 2009. The plan presents activities across 3 key themes: information gathering and information sharing; supporting practitioners and partners and developing a coherent picture.
Anti-social Behaviour Contracts/Agreements (ABCs/ABAs) are written agreements between a person (usually a young person) who has been involved in anti-social behaviour and any agencies (e.g. the police or a school) whose role it is to prevent further anti-social behaviour. The contract/agreement is agreed and signed by the individual and the agencies concerned. If the person is a child or young person, then their parents or guardian must be present when this takes place. The contract/agreement should list any incidents of anti-social behaviour in which the person has previously been involved in, as well as a firm commitment to stop this type of behaviour in the future. The contract/agreement should outline any support which is expected to be put in place, as should details of any form of legal action (e.g. an ASBO) which may be taken should the contract/agreement be broken. Most ABCs/ABAs last for six months, although they can be longer if required. They are not, however, legally binding although they may be referred to in court for an application for an ASBO.
The Antisocial Behaviour etc (Scotland) Act allows Sheriffs to grant an ASBO or interim ASBO against an individual over 12 years following an application by a Local Authority or Registered Social Landlord (RSL). Before a Sheriff can consider an ASBO application against someone under 16 years, a Children’s Hearing will be held to give advice on the application. When granting an ASBO against a child, Sheriffs also have the power to grant a Parenting Order if it is decided that this will help prevent the child taking part in further anti-social behaviour.
Local Authority accountability measures introduced by the Antisocial Behaviour etc (Scotland) Act give a Children’s Hearing the power to place duties on the local authority when a supervision requirement is not being implemented. This includes an enforcement mechanism application to the Sheriff Principal. Breach of an ASBO granted against a child is a criminal offence and must be reported to the Procurator Fiscal (PF). The PF, in consultation with SCRA, will determine the most appropriate course of action. Possible sanctions for under 16s do not include imprisonment which is an option for an ASBO against an adult.
Antisocial Behaviour Orders for 12-15 year olds remain a tool for local agencies to use, however, they have been used only on a limited number of occasions – only 14 were issued between October 2004 and March 2008. Consistent with the focus on prevention and early intervention, the Scottish Government is of the view that ASBOs are a measure of last resort for young people, and are likely to be appropriate in only very limited circumstances. They are designed to change behaviour when nothing but compulsion will work, but should only be used as part of a balanced approach to prevention and early intervention.
For information on policy measures in England and Wales, visit the Home Office website.
Recent papers and publications on anti-social behaviour which may be useful include: