Scottish Government

A Report on the Consultation Responses to Putting Our Communities First: A Strategy for tackling Anti- Social Behaviour

Chapter Six General Themes and Issues arising from the Responses

In addition to answering the 61 specific questions set out in the consultation documents, many responses provided extensive comments about the overall strategy towards anti-social behaviour outlined by the Scottish Executive. Many of these responses were very detailed. This chapter sets out the key themes and issues arising from general comments and reactions to the consultation document as a whole. The main themes that emerged were:

• The need to address anti-social behaviour
• Balancing rights and responsibilities
• Definitions of anti-social behaviour
• Evidence relating to anti-social behaviour
• The need to protect victims and witnesses
• Empowering and engaging communities
• Existing legislation and provision
• Relationships with other policy objectives
• The predominance and integrity of the Children's Hearing System
• Addressing the multiple causes of anti-social behaviour
• Punitive or preventative approaches
• Communities
• Minorities
• Young people
• Tenure
• Police Presence, effectiveness and resources
• Resources

6.1 The Need to Address Anti-social Behaviour

6.1.1 There was widespread recognition amongst respondents that anti-social behaviour was a serious problem in many Scottish communities. Broad welcome was given to the Scottish Executive's focus on reducing anti-social behaviour. It was also widely accepted that the current 'status quo' in relation to anti-social behaviour was untenable, although there was considerable dispute about how the various issues it embraced should be addressed. The levels of frustration, anger, fear and impotence felt by many communities subject to anti-social behaviour needed to be fully considered. There was also recognition that many individuals suffering most severely from anti-social behaviour lacked an adequate voice in tackling the issue. It was further recognised that, in addition to the alarm, distress, cost or injury to victims and witnesses of anti-social behaviour, this behaviour was also harmful to the individuals perpetrating it and their families.

6.1.2 Many responses were supportive of both the general direction and specific proposals of the consultation documents. In particular support for the proposals came from the responses from individual members of the public, many of whom reported experiencing serious anti-social behaviour. Many of these responses felt that urgent action was required and that indeed, the proposals could go further. Of course, it is difficult to assess the extent to which these views, many from individuals who had been the direct victims of anti-social behaviour and had suffered considerably as a result, represents the general consensus in Scotland.

6.2 Balancing Rights and Responsibilities

There was agreement that the issues of rights and responsibilities were central to addressing anti-social behaviour. Fundamentally this involves balancing the rights of individuals and the rights of wider communities, and there is a spectrum of views about the relative weight to be given to each of these considerations. How responsibility is assigned was a central theme of the responses. There was wide agreement about policies being placed within wider attempts to reinforce a sense of responsibility, active citizenship and the consideration of the views and rights of others. Many of the debates around responsibility centred on the proposals for Parenting Orders (discussed in Chapter Nine). Those supporting such orders felt that there was a need to restate the responsibility that parents have for the welfare and behaviour of their children. However, a wider conception of responsibility was also suggested, in which children themselves, agencies, wider communities and Scottish society as a whole have a responsibility for addressing the causes, as well as outcomes of anti-social behaviour.

6.3 Definitions of Anti-social Behaviour

There were concerns about the lack of definition of the term 'anti-social behaviour' in relation to the proposals. It was felt that there was a need for greater clarity about what forms of behaviour were being targeted by specific proposals. There was also particular concern that the broad and vague use of 'anti-social behaviour' conflated minor misdemeanours with serious criminal activities. There was consensus that the latter needed to be addressed as a matter of urgency, but this involved intensive intervention with a small minority of individuals, and such targeting could be undermined by a blurring of the distinction between categories of behaviour.

6.4 Evidence Related to Anti-social Behaviour

There were considerable concerns raised about the lack of substantial evidence in relation to anti-social behaviour. This included the evidence offered in the consultation document. Many responses argued that there was a need for consideration of the evidence about the causes and manifestation of anti-social behaviour. In addition adequate evidence was required about what worked or did not work in existing powers and procedures. Further, there was a need to provide much firmer evidence about the likely effectiveness of the measures proposed in the consultation document. If such measures were introduced it was also recommended that they be effectively monitored and evaluated so that an evidence base was established for future reviews of the effectiveness of the overall anti-social behaviour strategy. A large number of responses also argued that evidence should be utilised to address the perceptions, as opposed to experiences of anti-social behaviour and crime. Whilst it was accepted that anti-social behaviour was a significant problem for many communities, responses argued that it was important that other messages from the evidence were also promoted. These included the fact that the incidences of many types of crime are actually falling, the fact that only a small minority of young people are engaged in anti-social behaviour and that an even smaller minority are engaged in persistent and serious offending. A further example would be the fact that anti-social behaviour is a cross-tenure issue and is not confined to 'deprived housing estates'.

6.5 Protection for Victims and Witnesses

A strong theme emerging from the responses was the need for far greater consideration to be given to the needs of victims and witnesses. This included providing them with adequate information and protection during legal processes and building up structures to encourage individuals to become involved in tackling anti-social behaviour. The reluctance to do so because of fear and intimidation and a prevailing sense of the impotency of official agencies were all recognised as barriers that would need to be addressed if local communities were to have a greater sense of ownership in relation to anti-social behaviour.

6.6 Engaging and Empowering Communities

The greater involvement of local communities in strategies to tackle anti-social behaviour was widely supported. One element of this was encouraging attempts to reduce anti-social behaviour to be seen as a collective responsibility, not just the remit of official agencies. This responsibility should also extent to businesses and voluntary organisations. However, the second element was the desire to enable local communities to be involved in formulating and implementing anti-social behaviour strategies. This requires the provision of adequate information to local communities and residents having the ability to influence local decision-making and to address local needs. Responses supported community planning partnerships and community safety partnerships being given central roles in this process.

6.7 Existing Legislation and Provision

Many responses believed that existing legislation was adequate, and that the real issue was the inefficient use of these measures. This applied to the lack of effectiveness of enforcement measures and the inefficiencies in the Children's Hearing and court systems. It was strongly argued that new powers should not be implemented without a thorough appraisal of what was currently in place and how it could be improved. A related point made by many responses was that the Scottish Executive should seek to build on what was already in place. Particular emphasis was given to voluntary and/or support services in this regard. It was reported that there were many innovative and successful schemes working at a local level with young people and families and that the lessons of these schemes should be learned and significant funding should be provided to ensure that such schemes were more widely available throughout Scotland.

6.8 The Relationship with Other Policy Objectives

6.8.1 The need for a holistic approach to tackling the causes and outcomes of anti-social behaviour was widely endorsed. The responses emphasised the need for the legislation to have cohesion. Concerns were raised in two aspects. Firstly, that although multi-agency working was regarded as essential to the success of any strategy to tackle anti-social behaviour, such multi-agency also raised issues about co-ordinating actions, providing consistency in approaches across Scotland and providing adequate procedures and resources for 'joined up' working to be effectively implemented. The desire for consistency across local authorities requires to be balanced with the call from many responses to ensure flexibility in identifying local needs and strategies. This is particularly the case in relation to urban and rural areas of Scotland, both of which experience anti-social behaviour, but which may necessitate different approaches to tackling the issue. It was recommended by many responses that adequate guidelines be produced and that good practice needs to be widely disseminated.

6.8.2 Secondly, there was significant concern amongst the responses that the emphasis and impacts of the proposals to tackle anti-social behaviour were not aligned with, and may even be contradictory to, the direction and objectives of other Scottish Executive policy. Particular emphasis was given to placing anti-social behaviour policy within the broader framework of social inclusion. Such an approach would ensure consideration was given to the important contribution of other policy areas and sectors, including health, education and housing and social work, through community schools, integrated learning communities, children's partnerships and health programmes. Community planning structures were regarded as central to ensuring this holistic approach.

6.8.3 There were also concerns that the proposals were at odds with policies aimed at ensuring the welfare of children and families and reducing homelessness. Many responses also argued that any proposals had to be considered in the light of existing human rights legislation.

6.9 The Predominance and Integrity of the Children's Hearing System

A very large number of responses felt that the Children's Hearing System should continue to be the primary mechanism for addressing the problematic behaviour, and welfare needs, of young people. It was recognised that there were difficulties with the present operation of the system. However, the majority view was that this was largely caused by both a lack of adequate disposals for Children's Panels, or lack of resources to ensure that disposals were effectively carried out. The Children's Hearing System was seen as paramount in maintaining the link between offending behaviour and the welfare of young people, and provided the most appropriate mechanism for ensuring that all the circumstances relating to anti-social behaviour were fully taken into account. Many responses felt that the role of the Children's Hearing System should be advanced. It was felt that there was a danger of it being undermined by some of the proposals and that parallel systems would lead to confusion and a lack of clarity in addressing the multi-faceted issues relating to anti-social behaviour.

6.10 Addressing the Multiple Causes of Anti-social Behaviour

Many responses argued that the proposals did not address many of the underlying causes of anti-social behaviour. Whilst this was not regarded as an 'excuse' for anti-social behaviour, nor a reason for removing responsibility for their behaviour from individuals, it was strongly argued that for policies to be effective there was a need for a much more explicit linkage to be made between factors such as deprivation, unemployment, poor physical environment, poor educational attainment and fragile family circumstances, including the generational affects of problematic parenting and the impacts of drugs and alcohol. It was suggested that any long term and sustainable reduction in anti-social behaviour would require addressing these 'structural' causes in addition to individual behaviour. Again, the importance of the anti-social behaviour policy being more closely integrated with other Scottish Executive policies aimed at tackling these very issues was recommended. The potential for sanctions to lead to increasing financial burdens on deprived families was regarded as a matter of particular concern by many responses.

6.11 Punitive or Preventative Approaches

The responses were in universal agreement that swift enforcement and a range of punitive sanctions were required in relation to serious and intolerable incidences of anti-social behaviour. However, there was a great deal of concern that the consultation document was focused almost entirely on these punitive and reactive sanctions to incidents of anti-social behaviour, rather than on preventing anti-social behaviour through holistic and diversionary strategies. Such strategies included providing intensive support structures to families and children where required, undertaking youth work, agencies being involved in proactive engagement with young people and the provision of adequate leisure, recreational and organisational activities for young people. The importance of early intervention was emphasised by many respondents. It was strongly argued that these measures would be more effective in actually reducing anti-social behaviour and that these measures should be available much more widely across Scotland than they are at present. It was also argued that consideration be given to support measures for young people or families in the long term, rather than relying on short-term interventions.

6.12 Communities

There was a general concern that the use of 'community' and 'communities' implied a degree of social cohesion that did not reflect the reality of contemporary life in Scotland. It was widely felt that policy had to more explicitly recognise the diversity of lifestyles and values within local communities and move beyond the use of blanket terms such as 'good' or 'bad'. This required an emphasis both on tolerance and the rights of minorities to have a lifestyle at variance to the 'majority' consensus, and a focus on encouraging interaction and understanding between different sections of local communities. These issues were particularly highlighted in the debate about groups of young people 'hanging around', discussed in Chapter Eleven of this report. It was argued that many of the proposals may be as likely to foster social division rather than cohesion. The role of mediation was identified as central to attempts to manage the differences within communities.

6.13 Minorities

Related to this last issue, many responses argued that the document did not pay enough attention to:

a) Addressing the increased likelihood of minority groups, including those of race, sexual orientation, physical disabilities and mental health needs, of being victims of anti-social behaviour and
b) The danger that the enforcement of many of these proposals would in itself disproportionately target individuals from minority ethnic groups, of a minority sexual orientation or with physical or mental disabilities. There were also concerns about the lack of attention to domestic violence within the consultation document.

6.14 Young People

6.14.1 A very strong theme emerging from the consultation was the belief that the proposals were disproportionately targeted at young people. Many responses felt that the general tone was negative towards young people, and there was a danger that this language and the proposals outlined in the document would contribute to the further stigmatisation and 'demonisation' of young people, particularly those living in deprived areas. It was seen as important that young people were viewed as integral members of local communities and that their positive contribution to these communities was recognised.

6.14.2 In general it was felt that not enough distinction was made in the document between persistent, serious offenders and the very large majority of young people who were not involved in anti-social behaviour. There were concerns that the proposals were aimed at targeting this small group of offenders but were universal in their application. It was felt that such approaches had potentially damaging impacts on the engagement of young people with agencies, particularly the police. It was further argued that young people needed to be empowered and given a voice in addressing anti-social behaviour within communities, particularly as young people themselves were more likely to be victims of anti-social behaviour.

6.14.3 There was also a wider concern that activities such as 'hanging about' were an integral part of growing up which should be tolerated within reason. Similarly many respondents reported evidence showing that much low-level anti-social behaviour of nuisance is limited to adolescence. It was felt to be particularly important in this regard that young people were not unnecessarily brought within the criminal justice system. It was also felt that they should not be criminalised as an end result of what originated as a relatively minor offence, with the implications this would have for their later life outcomes.

6.15 Tenure

There was considerable concern amongst the responses that, despite recognition in the document that anti-social behaviour was a cross-tenure issue, the language of the document and the specific proposals were aimed primarily at the social-rented housing sector. Many respondents believed that this perpetuated the view that anti-social behaviour was largely confined to social housing areas and was perpetrated predominately by social housing tenants. Many responses called for more focus on intervention measures in the private rented and owner-occupied sector. Not only would this address the stigmatisation of social housing tenants, but it would also make support and assistance available to residents in other tenures, many of whom requested that proposals needed to more fully address their experiences and concerns. Many of these issues crystallised around the discussion of the appropriateness of rewards for tenants, outlined in Chapter Ten of this report.

6.16 Police Presence, Effectiveness and Resources

A common response to the consultation was that one of the most effective methods of both combating anti-social behaviour and providing reassurance to communities was to increase the visible presence of police officers. Many responses questioned the effectiveness of the police, but it was also acknowledged that this was largely due to the lack of resources available to the police service. Enabling the police (and other emergency services) to engage with young people more proactively was seen, including by the police themselves, as vital to building the necessary relationships between those in authority and young people.

6.17 Resources

A common theme running through the responses related to the provision of resources. There were concerns that the document was vague on the costs of these proposals. It was strongly felt that these proposals would be ineffective without a significant increase in funding and that present levels of funding were inadequate. In particular concerns were raised over:

• The lack of resources available to the police, local authorities and registered social landlords which meant that they were already struggling to provide adequate services and would not have the capacity to undertake new powers and responsibilities without significant funding increases
• The shortage of key staff required for an effective anti-social behaviour strategy to be implemented. Most obviously this manifested itself in a chronic lack of social workers (and other local authority staff including environmental health officers), but there were also concerns about the recruitment and retention of volunteers in youth work, support organisations and the Children's Hearing System
• The need to build in long term funding programmes. This related both to the funding of the proposals outlined in the consultation document, but equally to addressing the problem of short-term funding regimes in relation to voluntary organisations working with young people, families, offenders and the victims of crime. It was argued that these organisations were central to the effectiveness of a holistic approach to addressing anti-social behaviour and that their contribution needed to be reinforced through sufficient financing.
• Funding needed to be based on funding for the long-term implementation of these proposals, rather than short-term funding relating to their establishment.