Scottish Government

EXECUTIVE SUMMARY

Background

This report draws on an e-mail survey of local authorities and housing associations, focusing on the use of civil ASBOs in 2005/06. It forms part of a larger study examining the implementation of civil ASBOs due for completion in early 2007. The survey evoked responses from all of Scotland's 32 local authorities, as well as from 100 housing associations (or Registered Social Landlords - RSLs).

Overview of ASBO Activity

Local authority ( LA) and RSLASBO applications submitted to the courts in 2005/06 totalled 344. While this represented an increase of 24 per cent on the comparable figure for the previous year, the rate of increase has slowed somewhat over the past two years. All but one LA (Argyll & Bute) has now made use of ASBO powers. Activity is largely concentrated in a small number of authorities with five (North Lanarkshire, Dundee, Edinburgh, Fife, North Ayrshire) accounting for more than half (52 per cent) of all 2005/06 ASBO applications nationally.

22 RSLs sought ASBOs from the Courts in 2005/06, a slight increase on 2004/05. Around a quarter of 2005/06 RSLASBO applications were made by GHA and other Glasgow-based associations (see Table A1.1, Appendix 1).

Variations in ASBO activity are partly related to the varying size of authorities. However, taking population totals into account, the highest rates of 2005/06 ASBO applications were in Dundee, North Lanarkshire and North Ayrshire. ASBO application rates were relatively low in some LAs where comparatively high rates of ASB might be expected, e.g. Renfrewshire and Glasgow ¹. In the latter case, this reflects the fact that Glasgow City Council has sought no ASBOs for the past three years (though some Orders have been sought by Glasgow RSLs). Edinburgh has recorded a rapidly growing number of applications in recent years, up from six in 2004/05 to 41 in 2005/06.

Just over half of all 'full ASBO' applications involve cases where interim ASBOs have already been awarded by the Courts.

Some 283 'civil ASBOs' were granted by the Courts in 2005/06, an increase from 205 in 2004/05. According to LA records, a further 37 ASBOs were issued by the Courts as a criminal sentencing measure. Taking account of household numbers, the rate of (civil) ASBOs granted in Scotland has risen continuously over the last four years. In England & Wales, growth has been more rapid and in 2004/05 the rate stood well above Scotland for the first time. Unfortunately, more recent figures for England & Wales are not currently available so it is not possible to confirm whether this trend has continued.

ASBO Offences and Perpetrators

Some 80 per cent of incidents triggering local authority ASBO applications in 2005/06 involved incidents in or near the perpetrator's home (see Figure 3.1). This is consistent with previous evidence that ASBOs relate mainly to actions on housing estates and that the single most important type of misconduct is excess noise within the home. In three LAs (Dundee, Fife and North Lanarkshire) significant numbers of ASBO-trigger incidents were logged as taking place in or around commercial or retail premises. Elsewhere, however, such incidents were rare.

Only a very small number of ASBOs granted are prompted by forms of misconduct which are 'controversial' as triggers for ASBO applications. Across the whole of Scotland, just one 2005/06 ASBO was granted mainly in response to street begging. Similarly, three Orders were granted primarily in response to ASB such as prostitution/sexual acts. All four of these instances were in Edinburgh.

As in previous years, the vast majority (around four fifths) of ASBOs granted in 2005/06 involved tenants of social housing (or members of their households). A third of 2005/06 ' ASBO perpetrators' were women. Across both genders, most of those subject to Orders were aged over 25. Only four ASBOs granted in 2005/06 involved young people aged 12-15 (two in Edinburgh, one in Dundee and one in Renfrewshire). 98 cases involving young people were considered by LAs and RSLs for possible ASBO action. Of these, however, only six resulted in applications going forward to the Courts.

While most full ASBOs granted in 2005/06 were for less than three years duration, around a fifth had an indefinite term. A very small proportion (1%) had defined durations of over five years.

ASBO Outcomes

About 150 ASBOs were reportedly breached in 2005/06. This amounts to almost a third of ASBOs in force at the end of the year. Reported 'breach rates' calculated on this basis varied substantially from area to area. In most cases, identified breaches resulted in police action. In only a small proportion of cases was the response limited to a warning or social landlord action only.

Use of Other Measures to Tackle ASB

As in the case of ASBOs, LAs and RSLs are becoming increasingly active in using Acceptable Behaviour Contracts ( ABCs) as a response to antisocial behaviour. Over the past two years, the number of organisations using such measures has increased from 25 to 41. The numbers of ABCs negotiated has risen threefold in the past year alone and in 2005/06 involved a considerably larger number of cases than those subject to ASBO action. Almost three-quarters of ABCs are reported as being honoured by subjects for at least 12 months. ABCs are targeted on young people to a greater extent than ASBOs, with 47 per cent of ABCs enacted in 2005/06 relating to persons aged under 16. Nevertheless, there appears to be some shift away from a focus on young people.

Unlike ASBOs and ABCs there is no sign of a rising trend in social landlords' use of evictions in response to ASB. In a small proportion of ASB-triggered eviction cases, the breach of ASBO conditions was a material factor in obtaining Court approval for repossession.

As yet, at least, there is relatively little connection between cases subject to ABCs and subject to ASBOs. Of the 255 cases where ASBOs were granted to LAs in 2005/06, in only 14 instances did LAs report having previously or concurrently negotiated an ABC. Similarly, in only 22 instances had ASBO cases previously or concurrently involved mediation.

Summary Data 2005/06

Source:DTZ surveys and Communities Scotland APSR returns