Scottish Government

6ASBOs and Young People

6.1 The extension of ASBOs to young people aged 12-15 will require local authorities and RSLs to develop specific policy and practice that directly involves social work and criminal justice practitioners, including Children's Panels and Children's Reporter. Indeed it might be anticipated that in some areas, social work or children services departments might take the pivotal role in determining whether, and in what circumstances, ASBOs are used. It is therefore conceivable that use of ASBOs for adults and 12-15 year olds might be significantly different within the same organisation and/or area.

ABSOs by age

6.2 The extension of ASBOs to young people did not take place during the time period for this study. However, in order to understand the potential impact of the extension, it is useful to examine the age profile of ASBO applications. Based on the analysis of ASBOs initiated during 2003/04, the largest number of ASBOs are against those aged over 25 years. This age group accounted for 63% of applications, 57% of interim ASBOs and 59% of ASBOs granted. Young people aged 16-18 account for the lowest proportion of ASBOs - 13% of applications, 15% of interim ASBOs and 16% of ASBOs granted were to people in this (albeit smaller) age band. Males account for the greater proportion of ASBOs accounting for around 63% of ASBOs, while ASBOs against females account for around 37%.

Table 6.1: ASBOs activity during 2003/04 by age and gender

Notes to table
1: total number of applications, interim and granted ASBOs do not match those detailed in section one due to 1) non-respondents in the survey 2) this is based on RSLs completing the survey data, not the full ASPR data
2: ASBOs granted during 2003/04 may have been applied for prior to April 2003
Source: Email survey

6.3 Table 6.1 is influenced by the demographic profile of Scotland. For example, the table shows that a large majority of ASBOs (63%) are to adults aged over 25. In great part, this reflects the fact that a very large majority (84%) of Scottish adults are over 25. Table 6.2 therefore displays ASBO incidence per every 100,000 of the population. From this analysis we can see that as a proportion of the population, ASBOs (applications and Orders) are highest within the youngest age band. This relationship between age and ASBO use is most prevalent for males than females, where although ASBOs are higher within the younger age bands, the relationship is stronger for those under 25 years.

Table 6.2: ASBOs activity during 2003/04 by age and gender per 100,000 population

Note to table
Total number of applications, interim and granted ASBOs do not match those detailed in section one due to 1) non-respondents in the survey 2) this is based on RSLs completing the survey data, not the full ASPR data
Source: Email survey, GRO 2003 Mid Year Population Estimates

6.4 As noted already, unlike England and Wales, ASBOs were not available for juveniles during 2003/04. Despite this difference in practice across the UK, it is instructive to consider the profile of perpetrators subject to ASBOs in England and Wales. Here, only 21% of those subject to Orders granted 1999-2001 were aged over 25. A larger proportion - 36% - were juveniles aged under 17 (Campbell, 2002).

6.5 Figure 6.1 illustrates how likely local authorities and RSLs felt ASBOs would be used against young people aged 12-15. Just over a fifth of all organisations surveyed stated that they would be very unlikely to use ASBOs for this age group, while a further 44% felt it was fairly unlikely. Thirty four per cent of organisations thought they would be fairly or very likely to use the extended powers.

6.6 Just over half of local authorities expected to use the power to seek ASBOs for 12-15 year olds - this compares to only a quarter of RSLs.

6.7 The stakeholder focus group expressed surprise over the high proportion of organisations that said they were likely to use the new measures, especially as the majority of the group felt that the measure should only be used as a last resort. This group noted that the staff member completing the form would influence the response. It was also felt that while organisations may seek to use the power, the checks and balances incorporated into the process may reduce the number of applications and ASBOs granted. The second stage survey will be able to 'test' whether the expectations expressed in the first survey translate into action.

6.8 Local authorities and RSLs also estimated the number of ASBO applications that they thought they are likely to make over the next 12 months in relation to young people aged between 12 and 15. Table 6.3 shows that just under a third of organisations surveyed do not expect to make any ASBO applications in relation to young people aged 12-15. Thirty seven per cent expected to make between one or two applications.

Figure 6.1: Likelihood of Using ASBOs in respect of young people aged 12-15

Note to chart
Base: 32 LAs and 73 RSLs
Source: Email Survey

6.9 Local authorities are far more likely to use the extended powers than RSLs: 62% of local authorities expected to make at least one ASBO application in relation to a young person aged 12-15 compared to 37% of RSLs. There is a fairly high level of uncertainly relative to these new powers - around a quarter of all LAs and RSLs were unsure whether they would make use of them in the coming twelve months.

Table 6.3: Expected Number of ASBOs for 12-15 year olds

Source: Email Survey

6.10 The focus group participants discussed the use of ASBOs for young people. Participants felt that ASBOs for young people should be used as the last resort. They agreed that a range of other measures are available to them, however some felt that many are, or may not, be practical or effective (for example, dispersal orders, tagging). Furthermore, many of these measures 'sound good' to participants but may not happen in practice - one example given was that there was no available legal remedy should the ASBO be breached.

6.11 Some RSLs felt that the decision to use ASBOs against young people should be based on strong evidence of utility - one commented that statistics in Glasgow show that 30 to 40 year olds cause the majority of ASB.