Co-ordination within Government
374. Several organisations have suggested that the
response to ASB at central Government level is incoherent. One
of the main concerns is the alleged conflict between the approach
of the Department for Education and Skills (as set out in the
Green Paper, Every Child Matters) and that of the Home
Office. The Association of Directors of Social Services argued:
On the one hand children and young people are perceived
as young, potentially vulnerable and in need of protection and
investment. On the other they are seen as being out of control,
violent and responsible for much crime and anti-social behaviour.
We believe that it was a fundamental error for the Government
to segregate its policy approach to youth crime from the more
ambitious and constructive approach to all other areas of children's
services.[464]
This matches our findings in terms of the segregation
of children's agencies from criminal justice agencies at local
level, discussed at paragraph 122 above. We recall the argument
of Ms Hibbert, from Barnado's, that there ought to be "a
much better, more robust requirement for a link between crime
reduction partnerships and children's strategic partnerships in
local authorities".[465]
In addition, the Law Society pointed to conflicting guidelines
from the Home Office and the ODPM on enforcement in respect of
anti-social young people.[466]
375. On the other hand, the Parliamentary Under Secretary
of State for Schools, Derek Twigg MP, told us that the two Departments
"complement each other", and argued:
There are two ways of approaching this: obviously
we want to be preventative and stop children getting into trouble
and protect them and keep them out of harm and actually committing
anti-social behaviour and other issues. At the same time, obviously,
there is the justice element which has to come into play here,
which, with some young people, unfortunately, is what they will
end up in. I think where we are coming from is that of the well-being
of the child and how we have early interventions, as I mentioned
earlier, in terms of Early Years and Sure Start, the Every
Child Matters agenda and getting collaborative teams working
together - whether that be youth offending teams, health service,
education or schools - to try and help vulnerable families and
young people, to prevent them getting into difficulties and trouble
in the first place. So I do think that that complements what the
Home Office is doing.[467]
376. In addition to the comments about the Government's
policies in respect of young people, there have been suggestions
as to how funding streams and initiatives might be rationalised
more generally. ACPO recommended that ODPM's "Safer and Stronger
Communities" Fund needs to be joined up with the Home Office's
new Neighbourhood Policing Fund "otherwise a confusing patchwork
of funding and schemes such as Neighbourhood Warden, PCSOs and
accredited staff emerges which causes wasted co-ordination activity
and confusion at the front end where simplicity and focus should
be the key". It also recommended a cross-cutting PSA target
and rationalisation of Home Office units.[468]
Shelter argued that lead responsibility on ASB should pass to
ODPM so that it sits alongside the Neighbourhood Renewal Unit,
Social Exclusion Unit and Homelessness and Housing Support Directorate.[469]
377. The Safer and Stronger Communities Fund, to
which ACPO referred, was established under the Spending Review
2004. It brings together provision from existing programmesthe
Liveability Fund, Neighbourhood Wardens, Neighbourhood Management
and Single Community Programme from ODPM, and the Building Safer
Communities funding stream from the Home Office. According to
the Spending Review, it aims "to empower local areas to tackle
anti-social behaviour, improve public spaces and reduce crime.
It will allow some local services to be provided by the voluntary
and community sector where this makes most sense".[470]
378. Ms Hazel Blears, MP, denied that the Government's
strategy on ASB is incoherent:
I do not accept that at all. In fact, I think the
anti-social behaviour agenda is one of the best examples in government
of cross-departmental working. It is very rare that you get five
ministers in this way all focused on what can we bring to make
a difference, to help communities in this way. We have obviously
got structures at national level in that we have got an inter-ministerial
working group. Cleaner, Safer, Greener, on which we are all represented
and making a difference; we have got officials groups, again,
across government, and although the lead is with the Home Office
and the Anti-Social Behaviour Unit, housing is a key partner to
us, as is the environment, as is sport, as is education. I feel
that rather than this being incoherent, this is one of the best
examples of that kind of integrated approach, and I wish that
we could tackle more things in government in the way that these
issues are currently being addressed.[471]
In addition, Yvette Cooper, MP, told us that she
was content with the Home Office taking the lead in this area,
arguing that the location of it does not matter "as much
as the partnership you have in place".[472]
379. We conclude that, in responding to ASB, Government
Departments have been working together in a generally coherent
manner. However, we have also identified areas in the course of
our inquiry in which co-ordination could be improved further.
We note also that there are now a number of local partnership
arrangements, each being promoted by their respective Departments.
These include Crime and Disorder Reduction Partnerships, local
Criminal Justice Boards, Children Strategic Partnerships, Children's
Trusts and Local Strategic Partnerships. We recommend that the
Government should look closely at the links between these partnerships
and ensure that there are no unnecessary overlaps.
Improving the redress for individuals
380. We were keen to establish what individuals could
do if they found that their concerns were not being taken seriously
at local level. Currently, there are a number of available mechanisms
for redress. In relation to local authorities, people can turn
to the complaints procedures of local authorities themselves and,
if these prove unsatisfactory, the Local Government Ombudsman.
Ultimately, of course, as Yvette Cooper MP pointed out, local
authorities are also accountable through democratic elections.[473]
381. In relation to other agencies, the Government
has recently proposed the creation of a "trigger power".
The White Paper on police reformBuilding Communities,
Beating Crimesets out why such a power is needed:
The Government does not want to see local communities
being left to fend for themselves because they have not been able
to get a response from local agencies. Neither do we want the
police or local authorities to be left to deal with recurring
problems because they cannot get one or more of their partners
to take action to resolve them.[474]
The White Paper sets out a number of options. One
is to enable local councillors to trigger action on the part of
the police and other relevant agencies when presented with acute
or persistent problems of crime and ASB to which local communities
have been unable to get an effective response. According to the
White Paper, "this would not be about individual complaintsnor
could it be triggered by individualsbut rather by community
groups, after persistent efforts to secure action have come to
nothing".[475]
A second and more radical option mooted in the White Paper is
for powers to trigger an inspection.
382. One issue that came up frequently in our inquiry
was what happens if professional judgements differ from community
views as to the standard of behaviour that ought to lead to intervention.
Yvette Cooper, MP, argued that it was simplistic to assume that
there is one single professional view and one single community
view and that these are in conflict: it will vary from case to
case. She then set out how local communities are able to express
their views:
Obviously, there are 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. [
] 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.[476]
383. We welcome the actions of the Government
in improving the redress of individuals and communities whose
concerns around ASB are not being addressed. In particular, we
welcome the proposals in the White Paper on police reform for
trigger powers to force local agencies to respond to ASB. We recommend
that, if these proposals are adopted, the Government ensures that
the use of the trigger powers is closely monitored and used to
feed into the evidence base about the quality of local responses
to ASB.
451 Q 149 Back
452
Ibid. Back
453
Q 45 Back
454
Q 46 Back
455
Q 533 Back
456
Q 545, quoted in paragraphs 168 and 245. Back
457
Ev 33, HC 80-II Back
458
Ev 21, HC 80-II Back
459
See Mr Winter at Q 459 and much other evidence. Back
460
Q 474 Back
461
Ibid. Back
462
Home Office, A Guide to Anti-social Behaviour Orders and Acceptable
Behaviour Contracts, 2002 Back
463
See, for instance, the exchange at Qq 137-8 for a discussion relating
to a tenant whose property is being used as a base for drug dealing,
but who is powerless to prevent this. Back
464
Ev 10, HC 80-II Back
465
Ibid. Back
466
Ev 74, HC 80-II Back
467
Q 552 Back
468
Ev 9, HC 80-II Back
469
Ev 129, HC 80-II Back
470
HM Treasury, 2004 Spending Review, July 2004, p64 Back
471
Q 550 Back
472
Q 559 Back
473
Q 530 Back
474
Home Office, Building Communities, Beating Crime, November
2004, p71 Back
475
Ibid. As part of this, it is proposed also that there should
be a statutory duty "to co-operate" Back
476
Q 530 Back