Select Committee on Home Affairs Minutes of Evidence


Examination of Witnesses (Questions 525-539)

8 MARCH 2005

RT HON RICHARD CABORN, RT HON ALUN MICHAEL, DEREK TWIGG, MS HAZEL BLEARS AND YVETTE COOPER

  Q525 Chairman: Good afternoon, thank you very much indeed for coming this afternoon and for all the work it has taken within your busy diaries to get five Ministers to the Select Committee this afternoon, but the inquiry into anti-social behaviour has ranged across, as you would expect, many different government departments. We will probably be quite informal, so we may invite you to answer questions by your first name, because if we just say "Minister" we will get killed in the rush to respond. This is the final session of the inquiry into anti-social behaviour, and perhaps I could start off with a question on which, perhaps, Hazel, you could answer first, at least. Quite a few of the witnesses that we have had on this subject have argued, essentially, that anti-social behaviour is so subjective and so much "in the eye of the beholder" that, actually, the Government, by talking about anti-social behaviour all the time is, largely, responsible for the claimed increase in anti-social behaviour. What would you say to that?

  Ms Blears: I think I would take, almost, the opposite view to that. I think that anti-social behaviour has been going on in communities across this country for a long time, and I think what we have done by bringing together policies to try and tackle the problems of anti-social behaviour has recognised the reality of the situation that people have been facing on the ground. I personally think—and I think now we have evidence—that problems of anti-social behaviour have simply not been addressed for a long time, and that particularly people living in the poorest communities have had a sense that: "Nothing can ever be done; it will always be like that in this neighbourhood", and have felt pretty powerless about tackling the problems that are out there. I would also like to deal with the issue of the definition of anti-social behaviour. I have had a quick trawl through some of the evidence that you have received, and I know that people have said that they would like to see definitions around "reasonableness" being inserted into the provisions. However, I was particularly struck by the evidence, I think, of Mr Pilkington, who happens to be the City of Salford's solicitor, dealing with these matters, and he said that you could talk about the definition but, actually, most people know and understand what anti-social behaviour is from their experience in their communities. There was also some research done, I think, by Vision 21 for the Home Office, which again said that most people recognise what anti-social behaviour is. I think it is important to define it from the view of the people who are suffering alarm, harassment, and distress, and that is exactly what we are trying to do.

  Q526 Chairman: One thing that is quite clear from the witnesses is that however big a problem it is today we do not have any reliable evidence going back over 10, 15, 20 years to compare it with. Could you explain to the Committee how the Government is currently measuring anti-social behaviour and whether you think that we have a sufficiently robust way of measuring it, so that when we come back and do the surveys again in 5 or 10 years' time we will know whether the problem has got better or worse?

  Ms Blears: Yes, it is a difficult area to measure because it does cover such a wide spectrum of activity. Particularly, in the very integrated approach that we have deliberately taken as a Government, it ranges from graffiti, fly-tipping, fly-posting, nuisance neighbours and gangs hanging around. So the measurements we have got are actually in the British Crime Survey, which, as you all know very well, Chairman, is the most authoritative, wide-ranging survey that we do about crime and disorder. Within that we measure people's perception of anti-social behaviour. Again, that mirrors, in a way, our definition of anti-social behaviour because it is the perception of the people who experience it. In 2002-03, 21% of the population said that they experienced a high level of anti-social behaviour; in the following year, 2003-04, that has now come down to 16%, and I think a five percentage points drop in that period of time is quite impressive. What we do measure are seven different strands of people's perceptions, and they range from abandoned cars, noisy neighbours/loud parties, being drunk and rowdy in public places, dealing or using drugs, gangs hanging around, rubbish and litter to vandalism and graffiti. Those are our seven strands. Again, in those figures the perception around all of those seven strands has reduced as well. I think it is as robust a measure as we can get for this very wide-ranging area, and we will continue to survey around those seven strands of perception.

  Q527 Chairman: That list, which is quite wide-ranging, does not include fly-tipping, for example, which was one of the primary concerns. So when we come to ask you how you are going to measure progress on that, it is clearly part of anti-social behaviour.

  Alun Michael: Absolutely right. I think one of the problems with anti-social behaviour is that, obviously, when the Government first came at this and recognised that a lot of activity and offences that have been regarded as relatively low-level actually made a contribution to wider crime and to people's perception of what was going on in their area—both of those things are important—it was clear that a lot of things were not being measured in a way that enable us to know, over time, what was happening. One of the measures, therefore, is the work that has been done by Defra jointly with the Environment Agency and the Local Government Association, and that is to develop Fly-capture as a national fly-tipping database to measure the scale and extent of fly-tipping. What that indicates, in the work that has been done, is that someone fly-tips in England every 35 seconds. That equates to something like 75,000 incidents a month which are dealt with by local authorities. The point is that once you are measuring in this way you can then compare over time, which comes to the comparison that you are making. There are also some other tools for measuring management and effectiveness in tackling some of these issues, for instance the litter and detritus is measured by Best Value Performance indicator BV199—again, relatively new—over a period of time, enabling local authorities to demonstrate whether or not they are tackling those issues. ENCAMS now carries out a local environmental quality survey of England and produces answers on a regional basis. Indeed, we launched the first one, Hazel, together because we wanted to demonstrate that this goes across different departmental interests. We have just published the third of those, which means you have got a comparison now each year, in which we can see some things improving and some things deteriorating, and bring forward evidence of what works. Just to give one example: fast food litter is one of the things that creates a feeling that "nobody cares around here". It has been demonstrated through the work that has been done that where you have a partnership approach, and we publish guidance developed with the industry on this, you can actually significantly reduce fast food litter, but where no action is being taken on that collective basis it has been getting worse year on year.

  Q528 Chairman: Can we move on to that? If, as a member of the public, I felt that Best Value Performance Indicator BV199 was not being satisfactorily addressed in my area, what redress should I have, as a member of public, if I felt the police or local authorities (not just on that issue) were not responding effectively to the concerns? What rights does the Government think I should have to have things dealt with?

  Alun Michael: The first thing, John, is that obviously the point of those measurements is to make sure that the job is being done comprehensively across an area. The fact that one particular location is neglected or that there is more litter in one area does not give you an indication of whether the job is being done properly by those involved.

  Q529 Chairman: Let us focus on the individual citizen, who is dissatisfied with some aspect of anti-social behaviour problem. What rights can we say they have as a result of the Government's strategy?

  Alun Michael: There are a number of legislative approaches. It is one of those things that overlaps. The fact of the matter is that if there is a measurement on which local authorities have to account to their membership, then that assists, but people can also go directly to court themselves in relation to some of the littering offences.

  Ms Blears: I think, in relation to local authorities, for example, if they are not doing the job that they should be doing then people have a clear complaints process—most local authorities have got a complaints procedure at various stages—and, I suppose, their ultimate destination would probably be the Local Government Ombudsman if they felt their council was not delivering on the things that they had to do. In the police field, if people feel that the police are not doing their job properly, then the first port of call would probably be to the Chief Constable, but what we have mooted in the Police Reform White Paper is the possibility of a trigger power for communities to call to account statutory authorities who are perhaps not carrying out their responsibilities. It is fairly controversial, I think; it is treading new territory, and we have said we do not see it as a first resort; we would like people to get round a table and solve their problems together through consensus, but if that is not possible and the authorities are deliberately not carrying out their functions then we believe the community should have a right to call them to account and, at least in the first instance, get them to come to a meeting; secondly, to make sure that local people can get information about what they are doing and how it compares with other people, and, in the last resort, actually get, maybe, even a snap inspection of the services just to see why things are going wrong. We want to do that very much with local government, using local councillors as their community champions and their advocates, which is absolutely their role, but I do genuinely feel, in the minority of cases where people are really trying to make a difference in their community, then the councils and the police have to come on board, use the powers that we as Government have given them and we do need some mechanisms to make that happen.

  Q530 Chairman: You have got a huge challenge here, have you not? If there is one thing on which there was clearly a consensus from, I think, all of the professional organisations that we talked to—whether it was housing, social services, local government or the police—it was that professional agencies are the people who should decide what the acceptable standards of anti-social behaviour are, not people living in local communities. I may be wrong but I do not think we had a single witness giving oral evidence who was prepared to put themselves under a system where local people decided the standards of anti-social behaviour because of the problems of inconsistency and all the rest of it. Now, there is a huge problem, is there not, if the value system of our professional organisations says it is professionals who judge what is acceptable in this community not the people who live there? If you really want to give local communities the power to challenge poor performance, how are you going to overcome that attitude that this Committee heard consistently throughout this inquiry?

  Ms Blears: I think you do it, partly, through structures and mechanisms, but I do not think that is the whole story. I think the way that you do it is get people working side-by-side, and that is why the whole of the anti-social behaviour campaign is called Together, and that means practitioners working with local people, working with the voluntary sector and working with local businesses, because it is that relationship that will actually begin to change that sense that practitioners will do this to you, to their standards. It is almost reversing that, so it is local people in the driving seat, empowered and enabled by the practitioners to take control of their own neighbourhoods. A very big strand of our anti-social behaviour thinking is that we are about almost reversing that balance of power and putting local people in the driving seat because, at the end of the day, if this is going to be sustainable then they need to own the improvements that have taken place in their own neighbourhood, and be less reliant on the public services to do it for them.

  Yvette Cooper: I do not think that the tension you pose between professional views, on the one hand, and local community views, on the other, needs actually to be a tension in practice. Obviously, it should not be a matter for the local community to decide whether an individual offender should be subject to an ASBO or not; that should be a matter for the courts. Equally, if there is, for example, a problem with graffiti in the area and a local professional agency has said: "Well, we don't think that's a problem" but the community are saying: "Yes, actually, it is a problem and we don't like this, and this is repeated and this is not being addressed", then that is a matter for the local community, and it is the local community's view that should be taken seriously. I think it is much more complex than the idea that there is a simple, single professional view and a simple, single community view and that those are in conflict and you have to choose one over the other; it will vary from case to case. Ultimately, if the question is really about accountability—what chance do the community have to have their say and be able to hold people to account for the standards that they want to see—in the end, this is about the democratic accountability of local authorities. Where local authorities are responsible for standards of cleanliness or for taking action, ultimately, people have the vote in local elections. Obviously, there are other ways and other intermediate ways in between local elections for local communities to express their views, whether it be through complaints procedures, as Hazel has said, or through local councillors playing a stronger role as champions. We are keen to try to strengthen those kinds of accountability arrangements, particularly at the very local level, which is why we set out in the recent five-year plan the proposals for a national framework statement and a neighbourhoods charter for engagement at a local level along with ideas for much more local level debates and processes. Many areas already have local neighbourhood managers who are much more responsive to the local community as well, and it means that people can just go and talk to them and they can go and chase up the agencies that are not taking a problem seriously enough or not moving fast enough. As Hazel said, we are exploring this idea of the trigger mechanisms, where if a particular service falls below a certain standard could that operate as a trigger? This is work in progress. I think the bottom line is there is accountability through local government and through democratic accountability but we think we need to go further at a very local level to give communities a stronger voice.

  Q531 Chairman: Your department, Yvette, is responsible, for example, for the housing service. One of the professions where this attitude was apparent is among professional housing management—the definition of the point to which a tenant's behaviour has become unacceptable. Are you actually prepared to challenge those professional judgments in order to reflect the views of tenants within the social housing system, or is not the reality that those professional judgments are going to win out?

  Yvette Cooper: In the end, these are similar processes to the kinds of processes that operate through the courts. In the end, Parliament does not decide on individual cases; Parliament sets the laws and the courts decide on individual cases. In the end, when it comes to standards of behaviour and nuisance behaviour, for example, in local areas, then it must be a matter for the community's debate and for wider debate at local authority level as to what are the standards that are appropriate in that area and what are the standards that are appropriate for local housing associations to insist on, but when it comes to an individual case, of course, there are going to be professional judgments that have to take place about an individual case. There are also all kinds of complexities about individual cases; you do not know whether there might be a problem—which some people are interpreting as being anti-social behaviour—with a teenager with learning disabilities or with autistic behaviour. There are all sorts of complexities there that need to be addressed at the individual level, which are slightly separate, I think, from the kinds of broad brush standards that you would expect to be debated much more widely.

  Ms Blears: Can I add that I think Crime and Disorder Reduction Partnerships, clearly, when they do their audits, and their strategies, should be taking account of what the standards are that local people want to see being developed for them, and that is one of their prime focuses. They really should be taking an active interest in looking at those standards.

  Alun Michael: Can I say, also, Chairman, I think there is a degree of surprise at the suggestion that local people do not want to have ownership of the problem.

  Q532 Chairman: The issue is: are they allowed to?

  Alun Michael: That is a different thing. I misunderstood what you were saying. I think there are ways in which local people have become engaged in these issues, which very often range across the issues, as you said, of crime, disorder, graffiti, and all of these things. One of the best examples I have seen is the Manchester 100 Days campaign, which I believe they are repeating because it was successful. That was a clean-up campaign. What happened during the 100 days, which I thought was excessively over-ambitious—from my experience I thought a couple of days or a week would have been very ambitious—was that because it was a long campaign it gave time for local communities and local community groups to become engaged and involved, and to make their contribution. There was almost an exponential increase in the engagement of the community because it was going on, and that was creating mutual confidence between the local authority and all the other players. We have also, with the Clean Neighbourhood Bill, for instance, given powers to parish and town councils to issue fixed penalty notices, which is another way of giving confidence to the most local level of democracy to be able to play a part and make a difference, if they see it as important in their community.

  Q533 Mr Taylor: Can I put it to Ministers that the Government has introduced a whole range of enforcement powers as well as diversionary and support schemes. Do you have a blueprint of what a local anti-social behaviour strategy should look like?

  Ms Blears: At every occasion that I get the chance to talk about this I say that I think we should have a twin-track approach, and that is tough enforcement, sanctions for poor behaviour but, also, support for people who want to change how they live their lives, and particularly early intervention in relation to young people. I think a strategy ought to be pretty straightforward, to be honest; these are not that complicated issues. First of all, identify the issues that people are concerned about locally; secondly get the partnership together and get the principles right on which you are operating, so you do not get confusion; thirdly, have a communications plan to tell the public what it is you are doing, in very simple, straightforward language, and, fourthly, have an action plan. I do think that this is something different around the anti-social behaviour agenda; we do not issue guidance, we have an action plan, which has a real sense of momentum about it, and, finally, we evaluate what we have done, learn from the success and spread the good practice and learn the lessons. So I think it is an integrated strategy: it is early intervention (absolutely crucial: nip the problems in the bud if we can), work on long-term prevention, particularly around young people, to stop them becoming the next generation of people involved in crime and anti-social behaviour; tough enforcement, using the whole range of powers that are now available, from fixed penalty notices, ASBOs, if necessary, dispersal orders, parenting orders, individual support orders—all the powers are now there—but, also, support for people who really do want to get a grip of some of the problems that they are facing and change their lives. I would just highlight there some of the work that we have been doing around nuisance neighbours, because it is one of the most difficult issues for anybody to deal with. Often, the problems are complex, they are multi-layered; families can have problems around drugs, around alcohol and around mental health problems. We have been supporting ten of our trailblazers to try and do some innovative work around dealing with the most difficult families. Encouragingly, of the 100 families that were originally looked at, two-thirds of them have begun to improve their behaviour. Interestingly, 40% of them said that it was the prospect of enforcement that was the biggest motivating factor to them changing their behaviour. 30% also said the support that was available and one-to-one counselling was very important, but it was that combination of enforcement and support that began to change that behaviour.

  Q534 Mr Taylor: We have heard the criticism that the emphasis has been too much on enforcement and not enough on prevention. Are you actively driving budgets towards prevention as well as enforcement?

  Ms Blears: Yes, we are. As I said, it is a twin-track approach. If you look at the some of the projects that we are working on with young people, we have got Youth Inclusion Panels, we have got Youth Inclusion Support Panels, aimed at youngsters from 8-13, and then the older young people up to 15, 16—really, trying to target not just those young people who are already in trouble with the system but those who are at risk of getting involved in crime and disorder, particularly around drug misuse as well. That is a very large programme of support, particularly for young people. We have also got Positive Futures programmes. I think there are 180 of those operating now right across the country, and they really concentrate on the use of sport as a way of diverting some of our young people. They are very well supported by the Football Foundation and, indeed, locally in my area, our rugby league team does a Positive Futures programme, which is very successful indeed. So there is an awful lot of work going on to try and prevent this kind of behaviour happening. I think every community will say to you that if we can nip it in the bud and prevent it happening, that is exactly what they want us to do, but where it is there then they want us to use the enforcement powers that we have got. I make no apology for saying that for too long the police and local authorities did not have the tools to do the job; they would turn up to a problem and they would have to say to local people: "I am sorry, there is nothing we can do." I think that is an unacceptable state of affairs. Now they have got the powers and they are using them increasingly now across the country, which I am delighted about, but I still think there is much, much more to do. So enforcement and support, and I do believe that we are putting considerable resources into that support and prevention strand.

  Q535 Mr Taylor: I am glad you have mentioned Youth Inclusion Panels, and Youth Inclusion Support Panels because there is evidence that they are effective. However, you will have probably read the evidence of Professor Morgan who suggested that 1,300 such programmes were really needed and that you, in the name of Government, have funded 250. So the question must arise, why are you leaving over 1,000 communities without this cheap and effective intervention?

  Ms Blears: All interventions cost money. Indeed, I think Youth Inclusion Panels and Youth Inclusion Support Panels are good value for money because they are showing that re-offending goes down quite dramatically. I think, in the Derby programme, arrest rates for the young people taking part went down by 94.6% compared to the 12-month period before they took part in the programme, so clearly they do work. Resources, inevitably, are limited; we do not have a bottomless pit and we have to decide where to target our resources where they can be most effective. As I say, I think the YIPs and YISPs (dare I say it) are doing an excellent job. Obviously, if we can afford to invest more in it then that is one of the programmes that we would look to invest in because they are shown to be good value and effective, but there will always be some limit about how much we can do and there will always be demand for us to do more.

  Mr Caborn: Could I just say as well, because Mr Taylor raised the question of sport, what we are trying to do now is actually build sport into the social infrastructure in a way that, probably, we have not done before. We are now committed to two hours of quality physical activity or sport for every child, every week, from the age of 5 to 16. One of the other areas that we have been addressing is the fall-out rate we have in this country, which is greater than any other. 70% of our young people, when they leave school, do not continue in active sport. So we have been addressing that with the governing bodies of sport; we have gone through a whole modernisation programme but we have also invested £60 million of Exchequer money into the development of a club-to-school structure. One of the weaknesses—not solely—is our sports club structure, which unfortunately has declined over the years. We are now building that back up and we are linking club to school—and school to club. I was in Anfield yesterday, with Liverpool Football Club, with Groundwork, with the Football Foundation and with Barclays Bank. Barclays have now invested £30 million over the next three years into grass roots sports and facilities through the Football Foundation. Those four partners have come together and invested in what was a youth club there and sports centre in a very, very imaginative way. They are talking about 80,000 people going through that establishment now. When you actually look at the programme we have put in in terms of culture, then we have now gone for a National Culture Certificate which is going to put 3,000 community cultures on the ground over the next period. Link that to the 400 sports partnerships that we have got and we are building a very sustainable structure. One of the weaknesses of sport has been that we have not been able to measure it in any effective way. I think what is coming through very clearly, through our sports partnerships, particularly in schools, is that where the ethos of sport is used then we see less truancy, less exclusions and higher academic attainment levels. So that, linking with the community itself, is actually very positive and very sustainable.

  Q536 Mr Taylor: Richard, before Derek comes in, if I may, I just wanted to respond to you. This is not, perhaps, a question and I am not sure that I am pushing you for an answer. Society has changed enormously in this club-to-school business. Thirty years ago, when I was a regular club cricketer, which I was for 20 seasons—

  Mr Caborn: And a very good one.

  Q537 Mr Taylor: Thank you, Richard. Chairman, it may surprise you but there is a serious point here. We actively encouraged school cricketers to come and practise in the club under supervision so that when they became school-leavers the transition to the club had, in a sense, already occurred. Richard, I am not at all confident that this is going on these days as it did then, when it was entirely voluntary, with no government or local authority got involved; we were after the best school-leavers at playing cricket and we provided them with facilities in order to get them.

  Mr Caborn: I think there is some truth in what you are saying, in that society has changed—there is no doubt about that. Indeed, if one looks at the structure of industry, there is no doubt that the multi-sports clubs that we had in many of the big companies up and down this country were significant, but as industry has changed then that has changed. This is where there is a dilemma between the structure we have got, with the silo-ed thinking sometimes of governing bodies, as against trying to get multi-sports clubs in operation. Indeed, that is what we are moving towards. So the club-to-school link is not the individual sport-to-club but, actually, a multi-sports club approach, and that is why we have developed, through the Treasury, the Community Amateur Sports Club Scheme, which has a tax incentive. That is why we have given money in rate relief to sports clubs to encourage the growth of sports clubs. There is also another big issue—

  Q538 Chairman: Whilst there is a good value, clearly, in investing in sports and school links, which no one would deny, the head of the Youth Justice Board, Professor Morgan, the person right at the centre from the criminal justice side of dealing with anti-social behaviour and youth issues, came to this Committee and said: "We have 1,300 communities in this country that need Youth Inclusion programmes or similar, because it is the most effective way of preventing young people getting involved in anti-social behaviour, and we have 250." I think there is a fair question here: if that is the most effective route to prevention, why either is central government not funding more of them or why is there not greater pressure on local agencies, local authorities and others, to divert more of their resources into this cost-effective way? The background to Mr Taylor's question is that witness after witness has come here and said: "The Government talks a lot about enforcement and is not delivering on prevention" (if we can come back to that question). Or is the Government's view, actually, that Professor Morgan is not right and that, in fact, Youth Inclusion programmes are merely one of a number of things, and that in most communities now there is suitable preventative action?

  Ms Blears: I think I was highlighting the Youth Inclusion programmes as one of the successful initiatives that have been taken. It is relatively early days. It was in April 2003 that they set up 14 of the pilot YISPs for the younger age group—the 8-13s—to run, so it is very early days to be simply saying that this is the best and, almost, the only way of dealing with these issues; there is a whole range of diversionary activities that young people are involved with, from main-stream youth service provision through local education authorities, to a whole range of voluntary activities—the kind of things that Richard has talked about—and I think that these Youth Inclusion Panels are really aimed at those young people who are at risk of getting involved with crime and disorder.

  Q539 Chairman: Are they the ones we should be worried about?

  Ms Blears: They are, but I think there is also a whole range of activities going on out there which some of these youngsters will have access to rather than simply the specialist programmes that have been developed in this very structured way, through the youth justice system, because I think this is targeted at the people who are at real risk of getting involved. It does not mean that that is all that is going on in the community; every community now has far more investment in youth services than they ever used to have. I think one of the challenges is to make that youth provision appropriate and attractive to the kind of people that we are trying to reach. I think we have moved on from the days when it was all five-a-side soccer, and now there are things like DJ-ing, arts activities, dance and a range of drama opportunities, which are more attractive. However, I still think we have a way to go in making our mainstream youth service that kind of attractive service. The YIPs and YISPs are a good component there but I certainly do not think that they are the only way of attacking these issues.

  Derek Twigg: Can we go back in terms of the early years, and preventative work, which starts in terms of our Sure Start programme, working with vulnerable young people and families at a very early age, and also the Every Child Matters agenda, the Children's Trust, the Children's Fund and the Connexions Service—all these other areas which you bring into play in terms of working with young people. The key thing that we are trying to get across is this multi-agency approach and strategic approach, and bringing all the different partners—whether it be YOTs or Sure Start or schools or the health service—together from a very early age to help vulnerable young people and, of course, families, through providing parenting support and so on. I think there is an awful lot, even in the early years, that we are currently doing and a lot of it is pretty new but it is clearly the right way to take it forward and to work on the preventative measures and link in with the other areas that have been outlined here.


 
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