the use of asbos in scotland hal pawson, heriot-watt university, edinburgh
TRANSCRIPT
The Use of ASBOs in Scotland
Hal Pawson, Heriot-Watt University, Edinburgh
School of the Built Environment
Presentation Outline
• Scotland’s 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
School of the Built Environment
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
School of the Built Environment
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 Children’s 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)
Rate of ASBOs Granted, 1999-2007
0
10
20
30
40
50
60
70
80
1999
/ 00
2000
/ 01
2001
/ 02
2002
/ 03
2003
/ 04
2004
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2005
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2006
/ 07 (e
st)
No o
f ASBO
s gra
nte
d p
er
100,0
00 p
opula
tion
Scotland
England
Note: England figures are for calendar years
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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
Trends in LA ASB-triggered Eviction Actions and ASBO
Applications
0
50
100
150
200
250
300
350
2001
/ 02
2002
/ 03
2003
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2004
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2005
/ 06N
o o
f LA
evic
tion a
ctio
ns/
ASBO
applica
tions
annually
ASB eviction actions entered in court
ASBO applications by LAs
School of the Built Environment
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
Rates of ASBOs Granted for Larger LAs in England & Scotland
0 10 20 30 40 50 60 70 80
No of ASBOs granted per 100,000 households
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 perpetrator’s 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
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
ASBOs granted in 2005/ 06 by Perpetrator Age
12-15
16-18
19-25
Over 25
2005/ 06 ASBO perpetrators by housing tenure
Social renters
No fixed abode
Home owners
Private tenants
School of the Built Environment
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
Nature of ASBO Constraints (case study LAs)
0 20 40 60 80
Other constraint
Banned contact with individual
Area constraint only
Noise constraint
% of ASBOs analysed
ASBO duration (case study LAs)
1 year or less
1-3 years
3 years or more
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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 subject’s 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%.
School of the Built Environment
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/don’t know 16
School of the Built Environment
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/198276/0053019.pdf
• Johnsen, S. & Fitzpatrick, S. (2007) The Impact of Enforcement on Street Users in England; Bristol: Policy Press http://www.jrf.org.uk/bookshop/details.asp?pubID=904
• 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_reports/06-07/060799_rand_europe.pdf