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

1. 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@bham.ac.uk

2. 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?

3. 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

4. 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, people’s tolerance levels and expectations about the quality of life in the area’ (Whitehead et al, 2003: 4-5, cited by Jacobsen et al, 2005).

5. 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/documents/respect-action-plan)

6. 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)

7. 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)

8. 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

9. 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).

10. 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)

11. 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

12. 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

13. Developing Responses to Anti-Social Behaviour ENFORCEMENT COMMUNITY EMPOWERMENT PREVENTION

14. 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

15. 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

16. 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?