Policy and Service Responses to Anti Social Behaviour: Ten years of policy and practice in the UK

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Policy and Service Responses to Anti Social
Behaviour Ten years of policy and practice in
the UK

• Dr Nathan Hughes
• Families, Communities and Justice Research
  Centre,
• Institute of Applied Social Studies, University
  of Birmingham, UK
• Email n.j.hughes_at_bham.ac.uk
•  

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Outline

• How is anti-social behaviour (ASB) defined?
• Why has ASB become a political concern?
• How is ASB tackled?
• What are the implications of this approach?
• What are the alternatives?
• What are the current issues for practice?

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How is ASB defined?
The Crime and Disorder Act 1998 defines ASB as
behaviour that caused or was likely to cause
harassment, alarm or distress to one or more
persons not of the same household as the
perpetrator.

• harassment
• threats
• verbal abuse
• intimidation
• graffiti / criminal damage

• assault
• noise
• public disturbance
• arson
• racial abuse

• drunk and disorderly
• prostitution
• shoplifting
• throwing missiles
• trespass

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Subjective definition
it is important to recognise that virtually any
activity can be anti-social depending on a range
of background factors, such as the context in
which it occurs, the location, peoples tolerance
levels and expectations about the quality of life
in the area (Whitehead et al, 2003 4-5, cited
by Jacobsen et al, 2005).
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Protecting the law abiding citizen

• Our aim is a something for something society
  where we treat one another with respect and where
  we all share responsibility for taking a stand
  against what is unacceptable. But some people and
  some families undermine this. The anti-social
  behaviour of a few, damages the lives of many.
  (ASB White Paper 2003, Ministerial Foreword)
• A key goal is to empower individuals and
  communities, enabling them not just to feel
  secure but to be more able to act together to
  make their neighbourhoods safer and better.
  (Respect Action Plan www.homeoffice.gov.uk/documen
  ts/respect-action-plan)

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A shared community understanding?

• The conditions for respect depend ultimately
  on a shared commitment to a common set of values
  expressed through behaviour that is considerate
  of others (including) respect for others, their
  property and their privacy, civility, good
  manners and a recognition that everyone has
  responsibilities as well as rights. (Respect
  Action Plan)

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Marginalised groups

• Whose voice is heard and whose is not?
• Potential for othering, e.g. young people
• Anti-social behaviour has become a convenient
  peg on which to hang general prejudices about
  young people and their activities which make
  restrictive policies popular. (Bunney, 2005 67)

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A law and order discourse

• Focus on harm to victim and community
• Perpetrator as a risk to others i.e. Youth as
  risk
• Need to protect community from this behaviour
• Focus on the act
• Intended outcome is the prevention of the act
• Law and order and enforcement discourse

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Law and order enforcement

• The community sets clear standards of behaviour.
  The police and local authorities must enforce
  these standards and take swift, effective action
  if they are breached (ASB White Paper 2003, p7).
• a no-tolerance approach to anti-social
  behaviour, with new powers for the police, such
  as curfews, specialist prosecutors and
  anti-social behaviour response courts, and
  support for communities (Home Office, 2004, p10).

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Examples of legal powers of enforcement

• Anti-Social Behaviour Orders (ASBOs)
• ASBOs linked to a criminal conviction (CRASBOs)
• Parenting Orders
• Dispersal Orders
• Curfew Orders
• Termination of tenancy agreements
• Fixed Penalty Notices
• Alcohol Free Zones
• Noise Abatement Orders
• Closure Orders (Crack houses)

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ASBOs

• Aged 10 years or older
• Civil order but a criminal offence if breached
• Conditions include curfews, not associating with
  named persons, not entering a certain area, not
  behaving in a certain manner
• ASBOs cannot order an individual to take positive
  steps
• Able to name and shame those with ASBOs

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The limitations of enforcement

• Do contracts change behaviour?
• Reported negative effects of ASBO restrictions on
  young people
• Limited impact on community
• Individualised response overlooks the
  significance of broader structural issues

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Developing Responses to Anti-Social Behaviour
ENFORCEMENT
PREVENTION
COMMUNITY EMPOWERMENT
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A preventative discourse

• Anti-social behaviour understood within a broader
  preventative framework
• Recognition and understanding of broader
  influences on and causes of anti-social behaviour
• Perpetrator as at risk or vulnerable
• Encouraging positive behaviour
• E.g. education, positive activities, family
  support, positive role models, voluntary
  contracts
• Diversion from justice system / agencies

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Working with communities

• Respect relies on a shared understanding and
  clear rules and is strengthened by people acting
  together to tackle problems and improve their
  lives. (Respect Action Plan)
• Practices that increase the
• Safety
• Tolerance
• Trust
• Cohesion- of communities.
• How can the dominant enforcement / casework model
  contribute to this?

• Resilience
• Capacity
• Engagement
• Empowerment

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Some Issues for Practice

• Dangers of seeing ASB as the (only) problem,
  rather than often a symptom of other problems
• Tensions between long-term investment in
  community prevention and short-term problem
  solving to protect individuals
• Resource implications of preventive approaches
• How to build trust with residents in deprived
  communities
• Variations in understanding/definition of ASB,
  including different understandings and values
  between partner agencies
• What works well for who and why? How do we judge
  success? Can we monitor/evaluate long-term
  impacts?