The Use of ASBOs in Scotland

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The Use of ASBOs in Scotland

• Hal Pawson, Heriot-Watt University, Edinburgh

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Presentation Outline

• Scotlands ASBO regime
• Trends in use of ASBOs
• Types of misconduct prompting ASBO applications
• ASB perpetrators subject to ASBOs
• Evidence on impacts and outcomes
• Draws on Scottish Government research undertaken
  by DTZ Pieda Research and Heriot-Watt University

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Research Methodology

• Annual questionnaire surveys of all Scottish LAs
  and HAs
• Focus group discussions with ASBO practitioners
  
• Case study work in 4 LAs (Dumfries Galloway,
  Dundee, Edinburgh, North Lanarkshire)
• Interviews with key stakeholder agency staff
• Casefile reviews of recent ASBO cases
• Analysis of restrictions specified in recent ASBOs

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ASBO Regime in Scotland Key Differences from
England Wales

• LAs are the main lead agency police role
  essentially supportive
• Until 2004, ASBOs could be sought only for ASB
  perpetrators aged 16 and over
• ASBOs now obtainable for ASB perpetrators aged
  12-15 but
• Proposed ASBO application must be endorsed by
  Childrens Hearing
• Breach of ASBO by a person aged 12-15 cannot be
  punished by custodial sentence

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National Trends in ASBO Use

• Rising ASBO numbers in Scotland tailing off
  estimated 10 increase in 2006/07
• ASBO numbers proportionately greater in England
  since 2003/04
• No English ASBO statistics published for 2006
• Scottish Government has ceased to collect ASBO
  statistics since 2005/06
• Estimated 2006/07 figure informed by non-official
  source (Scottish Housing Best Value Network
  benchmarking data)

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ASBOs vs. Alternative Enforcement Measures

• Signs of inverse relationship between ASBO
  applications and LA eviction actions
• Appropriate comparison given that most ASBO
  applications relate to social tenants
• Hypothesis that ASBOs increasingly substituted
  for big stick of threat to tenancy
• But need to bear in mind that eviction actions
  also increasingly substituted by conversion of
  tenancy to SSST status

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Variability of ASBO Use

• Rates of ASBO use per 100,000 households among
  larger LAs vary from over 80 to 3
• Major unanswered questions about such variability
  e.g. to what extent can low use LAs
  demonstrate more effective alternative
  approaches?
• Scottish LAs generally some way down the
  rankings of ASBO users
• Dissatisfaction among ministers in former
  administration at ASBO inaction of Glasgow
  (lowest ASBO rate in graphic)
• SNP manifesto pledged to
• Review and improve ASBO regime
• Look at giving ASBO powers to community councils

Notes 1. Average annual ASBOs granted rate for
2004/05 and 2005/06 2. Scottish LAs shown in red
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Types of Misconduct Triggering ASBOs

• 80 of ASBOs issued in response to misconduct in
  or near perpetrators home
• Small but rising of ASBOs triggered by offences
  in commercial or public areas up from 3 in
  2003/04 to 12 in 2005/06. These tend to involve
• Prolific shoplifters
• Individuals acting antisocially in offices of
  local services
• Rowdy behaviour in parks
• Commonest trigger for ASBO action disturbance of
  neighbours by excess noise in the home
• Around two thirds of ASBOs triggered by
  criminal activities in some instances ASBO
  action clearly initiated instead of criminal
  proceedings

Cases involving alleged offences of a criminal nature Cases involving alleged offences of a criminal nature
Type of offence of all cases reviewed
Assault/violent threats/intimidation 46
Vandalism 13
Theft 8
Breach of the peace 5
Domestic violence 3
Housebreaking 3
Prostitution 2
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Profile of ASBO Perpetrators (1)

• Some 80 of individuals subject to ASBOs live in
  social housing
• Reinforces impression of ASBOs as largely a
  housing management tool
• Only a minority of ASBO subjects are young
  people sharp contrast with England
• Virtually no ASBOs granted in respect of
  school-age children
• Women accounted for 38 of ASBO subjects in
  2005/06

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Profile of ASBO Perpetrators (2)

• Mitigating factors/underlying problems clearly
  evident in more than half of cases examined in
  casefile review
• In all identified cases involving mental
  ill-health or learning difficulties support of
  some kind was provided prior to or alongside ASBO
  application

Mitigating factor/underlying problem of cases reviewed
Alcohol abuse 27
Drug abuse 17
Mental ill-health 9
Learning difficulties 2
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ASBO Prohibitions and Terms

• Reflecting the predominance of noise as an ASBO
  trigger, most ASBOs specify noise constraint
• ASBO duration reflects differing LA policies

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ASBO Effectiveness (1)

• Measuring incidence of ASBO breaches proved
  difficult several factors here
• LAs considered monitoring breaches not our job
• Police records of breach cases not linked to LA
  records of ASBOs granted
• Criminal proceedings frequently taking place
  alongside ASBO action ASBO breach not
  infrequently a criminal act in itself
• Opportunities for ASBO breach limited in cases
  where subject subsequently arrested for
  unconnected offence
• Casefile review found that
• in 60 of ASBO cases further complaints about
  subjects conduct were made following imposition
  of Order
• 49 of ASBOs allegedly breached
• In only 10 of breach cases where information was
  available had this led to imprisonment
• Scotttish Courts data shows 192 ASBO breach
  convictions in 2005/06. Given the 482 ASBOs
  reportedly in place on 31 March 2006 this
  suggests a breach conviction rate of about 40.

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ASBO Effectiveness (2)

• LA staff responsible for cases reviewed
  identified 28 where post-ASBO behaviour had
  noticeably improved
• In 31 of cases no improvement had been seen
• By implication, this will also have been true of
  the 5 of subjects evicted
• Improving on this very simplistic assessment of
  ASBO effectiveness would require more
  substantial research

ASBO outcome
Substantially improved behaviour 20
Improved behaviour 8
Terminated tenancy 16
Evicted 5
Imprisoned/placed in secure unit 3
Sectioned 1
No improvement in behaviour 31
Too early to say/dont know 16
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Messages on ASBO effectiveness from York
University study of street homeless people

• JRF study led by Suzanne Fitzpatrick report
  July 2007
• Fieldwork in 5 localities in England found that
  strategies to suppress street homelessness
  considered successful by LAs
• Use of ASBOs a key element within LA strategies,
  though no. of Orders issued much lower than
  implied by media
• Risk of lengthy imprisonment for ASBO breach
  clearly understood by most ASBO subjects and
  consequently an effective deterrent
• For some of those involved, ASBOs prompted
  positive reflection and change in behaviour
  e.g. engagement with drug rehabilitation services
• Effectiveness of enforcement-style approaches
  dependent on graduated actions and integration
  with support services not always evident
• Even if integrated with support provision,
  enforcement-style approaches inappropriate and
  ineffective for the most vulnerable street
  homeless

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Messages from Systematic Review of Approaches to
Tackling ASB

• Rand researchers commissioned by NAO to review
  effectiveness of ASB interventions
  internationally
• Weakness of evaluation culture in UK reflected by
  insufficient data to judge effectiveness of tools
  such as ASBOs or Youth Justice support measures
• Limited international evidence (mainly US)
  suggests effective interventions include
  parenting training and early childhood programmes
• Programme evaluations meta-analysis showed
  deterrent or coercive sanctions tended to have
  negative effects on recidivism among young people
• While Home Office commissioned ASBO effectiveness
  evaluation, this was only relatively small scale
  and remains unpublished long after completion
• Meanwhile, policy push arguably continues to be
  driven by enforcement-style model

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Summary/Conclusions

• Use of ASBOs continues to expand, though
  apparently tailing off
• Wide variations in use of ASBOs from area to area
• In the Scottish context, ASBOs still largely a
  social landlord housing management tool
• Marked Scotland/England contrast on profile of
  persons subject to Orders
• Somewhat ambiguous evidence as regards ASBO
  effectiveness in Scotland
• Change of government May 2007 brings possibility
  of new thinking on ASBO regime though no
  definite evidence as yet

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References

• DTZ Pieda Research Heriot-Watt University
  (2007) Monitoring the Use of ASBOs in Scotland
  http//www.scotland.gov.uk/Resource/Doc/198276/005
  3019.pdf
• Johnsen, S. Fitzpatrick, S. (2007) The Impact
  of Enforcement on Street Users in England
  Bristol Policy Press http//www.jrf.org.uk/booksh
  op/details.asp?pubID904
• Rubin, J., Rabinovich, L., Hallsworth, M. and
  Nason, E. (2006) Interventions to Reduce
  Anti-social Behaviour and Crime A review of
  effectiveness and costs London National Audit
  Office http//www.nao.org.uk/publications/nao_rep
  orts/06-07/060799_rand_europe.pdf