Crime and Justice. Use of Antisocial Behaviour Orders in Scotland

Transcription

1 Crime and Justice Use of Antisocial Behaviour Orders in Scotland

2 USE OF ANTISOCIAL BEHAVIOUR ORDERS IN SCOTLAND DTZ and Heriot-Watt University Scottish Government Social Research

3 This report is a web only publication. It is available on the Scottish Government Social Research website The views expressed in this report are those of the researcher and do not necessarily represent those of the Directorate or Scottish Ministers. Crown Copyright 2007 Limited extracts from the text may be produced provided the source is acknowledged. For more extensive reproduction, please write to the Chief Researcher at Office of Chief Researcher, 4th Floor West Rear, St Andrew s House, Edinburgh EH1 3DG

4 CONTENTS EXECUTIVE SUMMARY 5 Introduction 5 ASBO Activity 6 ASBO Processes 7 ASBOs and Young People 7 ASBO offences and perpatrators 8 ASBO outcomes and effectiveness 9 Other enforcement measures 10 Recommendations 10 CHAPTER ONE INTRODUCTION 12 Research Context and Objectives 12 Study Methodology 13 Structure of the report 16 CHAPTER TWO ASBO NUMBERS 17 Introduction 17 Recording Principles 17 ASBO Applications 17 ASBOs Granted 20 Antisocial Behaviour Strategies 24 Antisocial Behaviour Policies 24 ASBOs and organisational structures 25 Treatment of cases referred for possible ASBO action 28 Court hearing and Court procedures 29 Relative Importance of Interim and Full ASBO Applications 31 Time Taken to Prepare ASBOs 33 Joint working 35 Summary of main findings 36 CHAPTER THREE ASBOS AND YOUNG PEOPLE 38 Introduction 38 ASBOs for young people: the legal and administrative framework 38 Attitudes to the use of ASBOs for young people 39 Procedures for ASBO applications for young people 40 CHAPTER FOUR ASBO OFFENCES AND PERPETRATORS 44 Introduction 44 Type of Offence Triggering ASBO Action 44 Profile of ASBO Perpetrators 47 VULNERABILITY AND MITIGATING CIRCUMSTANCES 51 PREVIOUS INVOLVEMENT IN ASB 52 Analysis of Prohibition ORDERS 52 3

5 Duration and Conditions of ASBO ORDER 57 Summary of Main Findings 58 CHAPTER FIVE ASBO OUTCOMES AND EFFECTIVENESS 60 Introduction 60 Legal Aid and Appeals 60 ASBO Breaches 61 Success and Effectiveness 66 Summary of Main Findings 69 CHAPTER SIX OTHER ENFORCEMENT MEASURES TO TACKLE ANTISOCIAL BEHAVIOUR 71 Introduction 71 Acceptable Behaviour Contracts 71 Court proceedings for eviction 75 Scottish Short Secure Tenancies 77 Summary of main findings 79 CHAPTER SEVEN CONCLUSIONS 80 discussion of Main Findings and suggestions for future research 80 Recommendations 85 ANNEX 1 SUPPLEMENTARY TABLES 87 ANNEX 2 SURVEY FORMS /04 Survey /05 Survey /06 Survey 118 ANNEX 3 PREVIOUS SURVEY REPORTS 125 4

6 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 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 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 year olds. This involved the following undertaking a number of pieces of work. Policy and literature review 5

7 Three annual 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 RSL ASBO 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 RSL ASBO 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 1 This can partly be accounted by the fact that Glasgow City Council is no longer a social landlord, and responsibility for tackling antisocial behaviour is therefore shared by the City Council and RSLs (including Glasgow Housing Association - GHA). Glasgow City Council s Antisocial Behaviour Team covers only the private rental and owner-occupied sector where there is less ASB and hence, less activity in relation to ASBO. GHA and other Glasgow RSLs have sought some Orders, however, the combined total for City Council and all RSLs remains relatively small compared with most other LA areas. 6

8 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 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 PEOPLE 2 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 2 In this context the term young people generally refers to those aged 12 15, however, it should be noted that under LA procedures young people sometimes include those aged and under a Supervision Requirement or already involved in the Children s Hearing system. 7

9 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 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. 3 Under the Crime and Disorder Act 1998, applications for ASBOs against young people aged 10 to 17, and in certain circumstances 18-year-olds, can be heard in the magistrates court. 8

10 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. 4 An additional 2% of cases were for nine months and the remaining 23% were of unknown duration 5 These interviewees were drawn from the following professional areas: ASB Strategic Officer; ASB Operational Officer; Frontline staff; Legal Officer; Social Work; Young persons social work; Senior Police Officer; Sheriff; Children's Reporter. 9

11 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. 10

12 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 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 11

13 CHAPTER ONE INTRODUCTION RESEARCH CONTEXT AND OBJECTIVES 1.1 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 punishable by up to five years imprisonment and a fine on indictment. The concept was further developed under the Criminal Justice (Scotland) Act 2003, which extended the option to Registered Social Landlords (RSLs), as well as introducing interim ASBOs. The Antisocial Behaviour etc (Scotland) Act 2004 extends the ASBO regime to cover year olds. Although breach of Orders by these young people is a criminal offence, it cannot be punished through imprisonment. 1.2 The Antisocial Behaviour etc (Scotland) Act 2004 also gave the courts powers to impose an ASBO as a penalty for criminal offences, so-called Criminal Antisocial Behaviour Orders (or CRASBOs). In this case, the Order is instead of or in addition to imposing any sentence which [the court] could [otherwise] impose. CRASBOs, therefore, differ from (civil) ASBOs because the latter can be granted in respect of non-criminal offences. This report focuses solely on civil ASBOs and the figures cited for ASBOs granted do not include Orders imposed by the courts as penalties for criminal offences. 1.3 While 1998 saw the introduction of ASBO powers in England and Wales, as well as in Scotland, it is important to recognise that the two regimes differ in certain significant respects. Somewhat in contrast to England and Wales, local authorities (LAs) are clearly the lead agencies in seeking ASBOs in Scotland, with the police playing an essentially supportive role, e.g. through assisting in evidence collection. Importantly, 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 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 be granted to Registered Social Landlords (RSLs) including housing associations. 1.4 Despite these differences, the basic ASBO concept remains common across Great Britain. Therefore, in broad terms, comparisons between ASBO use in Scotland, on the one hand, and England and Wales on the other, remain legitimate. 1.5 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); 12

14 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 year olds. STUDY METHODOLOGY 1.6 This report presents findings from all of the phases of the research. This involved the following elements. Policy and literature review Three annual 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 Policy and literature review 1.7 The policy and literature review covered a review of the legislation and guidance on ASBOs as well as existing research the use of ASBOs in England and Wales, as well as in Scotland. The review incorporated findings from academic research, as well as official publications. survey 1.8 To develop a full understanding of both the extent and nature of ASBO use across Scotland, an survey of social landlords in Scotland was undertaken on an annual basis. Using a survey previously carried out by the Chartered Institute of Housing (Scotland) (CIHS) as a starting point, the survey collected statistical information on ASBO applications and Orders granted in 2003/04, 2004/05 and 2005/06. The 2003/04 survey was issued to a total of 180 LAs and RSLs operating across Scotland. Responses were received from 114 organisations, an overall response rate of 63% (100% for LAs and 55% for RSLs). 1.9 In response to suggestions from the project s Research Advisory Group (RAG) and from practitioners, some additional questions were added to the 2004/05 survey. Although the survey focused mainly on activity in 2004/05, it also sought statistics on ASBO applications and Orders granted in 2003/04 to validate the data collected in the previous survey. Following a pilot exercise with two organisations, the survey was issued by to 32 local authorities and 150 RSLs. Responses 13

15 were received from 137 organisations, an overall response rate of 76% (100% for LAs and 71% for RSLs) Data collected for the 2005/06 survey was broadly similar to that in the previous surveys, enabling us to examine trends in activity. Following a pilot exercise with two organisations, the survey was issued by to 32 local authorities and 153 RSLs. Responses were received from 132 organisations, an overall response rate of 71% (100% for LAs and 65% for RSLs) The survey forms are attached as Annex 2. Analysis of secondary data 1.12 To supplement the survey, and provide historical and national trends, data was extracted from the previous CIHS report, as well as Home Office statistics for England and Wales We cross-referenced our survey data with figures for RSLs as collected by Communities Scotland (CS) through CS Annual Performance Statistical Returns (APSR). Case studies 1.14 During and 2005/06, we carried out four in-depth case studies to examine the context, process and outcomes of ASBO usage. These case studies were focused on Dumfries and Galloway, Dundee, Edinburgh and North Lanarkshire. These LAs were chosen as a geographically diverse group of councils with an existing record of significant ASBO use. This work was completed in two phases During the first phase, the research team examined a number of LA case files relating to individuals being considered for an ASBO or where an ASBO had been granted either on an interim or full basis. This work was primarily desk based and involved the research team completing a pro forma for each case To ensure that the case files reviewed were representative of the workload within each LA area, our sample consisted of the most recently opened cases. Approximately 30 cases were reviewed within each area, with 113 cases being reviewed in all In addition to copies of the actual Orders granted, the research team examined files maintained by staff (housing officers, ASB team, legal staff), witness diaries / statements, details of referrals to other agencies and general correspondence relating to the case. Through this process we were able to collect a range of common data, e.g. on the nature of the incident(s) prompting action, the characteristics of the individual subject to the Order and the other remedies deployed either before or alongside the ASBO application. 6 We used a combination of our own survey data and APSR returns. Whilst the return rate was only 65% for RSLs, it must be noted that many RSLs are small and have no ASBO activity. We are confident that, whilst we did not achieve 100% coverage, we have captured all RSLs with any significant ASBO activity and any activity not captured is small in the context of the national picture. 14

16 1.18 While the information collected during phase one was informative in its own right, we felt it would be illuminating to look at the progress of cases over the project s duration. Therefore, the second phase of fieldwork tracked a sample of ASBO cases to determine the case outcome and the extent to which staff felt the Order had been effective. This second phase of research also focused on breaches of Orders, how (and to whom) such breaches are reported and how they are monitored Through the first phase of research it was determined that outcome data of this type could not be sourced entirely through paper files. The second stage of work therefore involved: (a) further examination of paper files; and (b) interviews with the key agencies involved in each case. In most instances, this involved input from the investigating officer or housing officer (i.e. the person originally responsible for referring the case for a possible ASBO application). Police officers and support agencies were also consulted where appropriate During the second phase of the research, it became apparent that not all the cases originally examined had proceeded to an actual ASBO application. It was also observed that many of the cases had originated some time previously and reflected dated practices. To ensure that the review included an adequate amount of up-to-date information, a selection of new cases was added to the sample at this stage. For these, the original pro forma was completed, followed by agency interviews The table below details the final sample examined, broken down by LA area. A total of 128 cases were reviewed in the course of the research. More than half of these (68) were tracked, i.e. revisited the following year for further information on the outcome of the case. Table 1.1. Sample breakdown Dumfries Local authority & Galloway Dundee Edinburgh North Lanarkshire Total Original cases reviewed in Of which tracked in New cases reviewed in Total cases examined Focus groups 1.22 To help interpret the output from the statistical analysis and to draw on the informed views of practitioners and others, we held three focus group sessions, described below. A local authority focus group with twelve attendees from different councils. This group bought together participants from housing departments, specialist ASB teams, legal departments and the police. A national stakeholder organisation focus group involving eight attendees from a wide range of organisations including the Scottish Retail Consortium, Chair of a Scottish Tenants Organisation, Scottish Children s Reporter and the Edinburgh Chair of Justices Committee (which oversees the operation of the District Court). 15

17 A Registered Social Landlord focus group drawing eight participants from different organizations, mainly from a housing management background, although some dedicated ASB staff were also involved The findings from all of these phases of work are summarised throughout this report. STRUCTURE OF THE REPORT 1.24 Throughout the rest of this report, we produce our findings thematically, with reference to the particular survey instrument from which the findings are derived. Where possible, we seek to triangulate our findings to ensure robustness. The rest of this report is structured as follows: 1.25 Chapter 2 sets out statistics on the use of ASBOs between April 1999 and March 2006, drawing on evidence from the annual surveys, as well as secondary data. It also considers the strategic and organisational practices in place for handling ASBO applications, using data from the case study research Chapter 3 sets out the legal and administrative framework for the use of ASBOs in respect of young people i.e. persons aged It goes on to review the policies and procedures developed by LAs to take forward possible ASBO applications where these concern young people. Finally, we analyse the emerging evidence on the actual use of ASBOs with respect to young people Chapter 4 considers the types of offences that have led to applications for ASBOs, including their location. It also provides an analysis of ASB perpetrators on whom ASBOs have been served in terms of variables such as housing tenure, gender, age and whether they acted on their own or in a group. Much of this is taken from the surveys of LAs that were conducted, but evidence from the case study areas has also been included where appropriate Chapter 5 considers outcome measures for ASBOs and attempts to ascertain their effectiveness. It considers legal aid and appeals, as well as breaches (using a variety of data from a number of sources) and examines instances in which ASBOs have had successful as well as unsuccessful outcomes Chapter 6 examines the extent to which, in tackling ASB, LAs and RSLs use other legal and enforcement type measures in conjunction with ASBOs. It draws on the annual survey of LAs and RSLs undertaken in the course of the research, as well as on Scottish Executive data and case study material Chapter 7 sets out our main conclusions and recommendations, including our suggestions for future monitoring of ASBOs and for further research. 16

18 CHAPTER 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 It draws on evidence from the annual 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. 7 This research has included the publication of three annual survey reports. These reports are available online: Report of the 2003/04 Survey: Report of the 2004/05 Survey: Report of the 2005/06 Survey: 17

19 Table 2.1. ASBO applications in Scotland Year LAs RSLs Total % Change year on year 1999/00 47 Not Applicable 47 Not Applicable 2000/01 97 Not Applicable % 2001/02 98 Not Applicable 98 +1% 2002/ Not Applicable % 2003/ % 2004/ % 2005/ % Total 1, ,198 Not Applicable 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/ Note in Glasgow antisocial behaviour services are separately undertaken by both GHA and the Local Authority. Glasgow City Council s Antisocial Behaviour Team covers only the private rental and owner-occupied sector. 18

20 Table 2.2. LA and RSL ASBO applications by LA area Area Applications (number) Applications (rate per 100,000 hhlds) 2003/ / / / / /06 Dundee City North Lanarkshire North Ayrshire Clackmannanshire Dumfries and Galloway Midlothian Inverclyde Edinburgh, City of Fife West Dunbartonshire Angus West Lothian Moray East Ayrshire South Lanarkshire Highland Aberdeen City Falkirk Shetland Islands Perth & Kinross East Dunbartonshire East Renfrewshire Stirling Renfrewshire Scottish Borders Aberdeenshire Glasgow South Ayrshire Argyll & Bute East Lothian Eilean Siar Orkney Islands Total Sources: DTZ surveys and Communities Scotland APSR data. Note: LAs sorted by rate of applications in 2005/ 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). 19

21 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 was 9,781 (Source: 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 Year LAs RSLs Total % change year on year 1999/00 26 Not applicable 26 Not applicable 2000/01 57 Not applicable % 2001/02 68 Not applicable 68 19% 2002/03 75 Not applicable 75 10% 2003/ % 2004/ % 2005/ % Total Not applicable 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 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 20

22 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 wellprepared. Table 2.4. Outcome of 2005/06 ASBO applications Outcome Interim ASBOs Full ASBOs ASBO granted 88% 81% Application withdrawn by LA/ RSL 3% 3% Application rejected by Sheriff 2% 1% Application not yet heard or court case adjourned/ongoing 7% 15% Total 100% 100% Source: DTZ 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, Year No of ASBOs granted ASBOs granted per 100,000 hhlds England & Wales Scotland England & Wales Scotland rate rate 1999/00 Not applicable 26 Not applicable / / / /04 1, /05 2, /06 Not Available 283 Not Available 12.8 Sources: ASBOs granted Home Office (England and Wales), 1999/00 to 2002/03 = CIHS, 2003/ /06 = DTZ validated survey data and APSR data (Scotland); Households figures ONS 2002 midyear 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

23 Figure 2.1. ASBOs Granted in England & Wales and Scotland per 100,000 Households, No. of ASBOs granted per 100,000 households England & Wales rate Scotland rate / / / / / / /06 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/ /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 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 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. 22

24 Table 2.6. ASBOs granted by LA area Area Orders granted (number) Orders granted (rate per 100,000 hhlds) 2003/ / / / / /06 Dundee City Clackmannanshire North Ayrshire Dumfries and Galloway Inverclyde North Lanarkshire Midlothian Edinburgh, City of Fife Moray East Ayrshire West Lothian Scottish Borders Aberdeen City Falkirk South Lanarkshire Angus Perth & Kinross East Dunbartonshire East Renfrewshire Stirling Highland Renfrewshire South Ayrshire West Dunbartonshire Aberdeenshire Glasgow Argyll & Bute East Lothian Eilean Siar Orkney Islands Shetland Islands Total Sources: DTZ surveys and Communities Scotland APSR data. Note: LAs sorted by rate of orders granted in 2005/ 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. 23