Select Committee on Home Affairs Minutes of Evidence


Examination of Witnesses (Questions 520-524)

22 FEBRUARY 2005

MR TIM WINTER, MR JON ROUSE AND MR DAVID SALUSBURY

  Q520 Mr Taylor: The Committee's information is that over 33% of ASBOs are subsequently breached. Any comment?

  Mr Winter: 67% are not.

  Q521 Mr Taylor: Fair enough, that is an answer.

  Mr Rouse: What it shows to me is ASBOs by themselves are not sufficient. They are not a universal panacea, and it really is important that they are seen as one part of a tableau or portfolio approach that starts with prevention, including, as the Member was saying, the design of neighbourhoods, how they are managed, the use of neighbourhood wardens and then goes on to support strategies, diversionary activities, and then enforcement with a whole range of enforcement tools. ASBOs may be the most visible sign but they are like the tip of an iceberg. It is what is underneath the water that is perhaps more important.

  Mr Winter: More seriously, certainly I agree with the other submissions that the success of the anti-social behaviour order cannot simply be justified in a number-crunching exercise. The multi-agency intervention early indications show that probably six out of seven cases are solved before an order is obtained which means that that process is working well.

  Q522 Mr Taylor: I have heard you, Mr Winter, and I understand. Which of you gentleman would like to comment on the usefulness or otherwise of demoted tenancies? Are they a risky contribution to homelessness?

  Mr Rouse: The first thing is that under our regulatory code we state absolutely unequivocally that eviction should always only be used as the last resort. Our most recent circular which I can let the Committee have a copy of (Circular 7/04)[1] reinforces that with a significant amount of detail. Nothing has changed in that respect. Eviction still is a last resort option. Nevertheless, demoted tenancies are a very important contributor in telling people that there is a balance between rights and responsibilities. The right to occupy your home is linked to responsibility to the wider community to behave in an acceptable manner. I do not think there is any problem with making that connection. Indeed, one of my anxieties at the moment is that with the Law Commission bringing forward proposals on tenure reform which are expected to be published later this year that we do not lose the power of demoted tenancies as a tool in whatever new system might come forward.

  Q523 Mr Taylor: My final question then, Chairman, with your permission, is how common is it for possession orders to be used? When people are evicted, does it merely move the problem somewhere else?

  Mr Rouse: We have sort of covered this one already in an earlier answer.

  Q524 Mr Taylor: I am sorry if I was not present.

  Mr Rouse: The answer is that it can, which is why eviction and possession should be a last resort option. These matters are far best dealt with in situ wherever possible and displacement usually makes it more difficult to actually deal with the problem.

  Chairman: Gentlemen, thank you very much indeed. We have covered an awful lot of ground in an hour. We are very grateful to you.





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