26. Memorandum submitted by the Local
Government Association
KEY POINTS
— An LGalert was sent out to all local
authorities in England and Wales to seek comments for inclusion
within the LGA submission to this inquiry.
— Anti-social behaviour is a key issue
for local communities and therefore for local government. The
LGA and its members are willing to work with government to find
real, long-term solutions.
— There are no quick fixes. Tough action
against perpetrators may make good short term headlines, but unless
that is accompanied with long-term action, the victims will be
the long-term losers.
— The most successful interventions
are those that engage the individual in changing their own behaviour.
By providing suitable structures and offering the necessary support
for perpetrators to stop, it is possible to achieve long-term
change. Key to achieving this is being able to identify some of
the "key triggers" that may lead to an individual or
group to demonstrate anti-social behaviour.
— The wide ranging services and activities
that local authorities are responsible for places them at the
heart of any initiative to tackle anti-social behaviour. But local
authorities need suitable support to enable them to make a real
difference.
— Local councils, with clear democratic
mandate for community leadership and a key role in crime and disorder
reduction partnerships and Drug (and Alcohol) Action Teams (DA(A)Ts),
are best placed to drive forward local strategies to tackle crime
and anti-social behaviour in response to local needs. However,
this needs to be suitably funded and underpinned through a sustainable
commitment from all partners, who are not constrained by nationally
directed targets and priorities which may be in conflict to the
local priorities.
— Councils' experience is that the
criminal justice system places barriers in the way of effective
use of anti-social behaviour orders (ASBOs) by local authorities.
— Sharing of local knowledge and intelligence,
especially between the police and the council, could be improved
in order to facilitate better co-ordinated responses to tackling
anti-social behaviour.
— The consequences of longer term costs
as new orders and provisions bed-in are only now starting to become
clear. The savings from ASB investment in enforcement, prevention
and rehabilitation are not directly recouped by local authorities.
However, the associated costs of tackling anti-social behaviour
are often the burden of local government. This burden needs to
be recognised by central government.
LOCAL GOVERNMENT
ASSOCIATION
1. The Local Government Association (LGA)
was formed on 1 April 1997 and represents the local authorities
of England and Wales—a total of just under 500 authorities.
These local authorities represent over 50 million people and spend
around £78 billion per annum. The LGA is a voluntary lobbying
organisation representing local government. Local authorities
do not have to join but nearly all local authorities in England
and Wales are in membership.
THE LGA VISION
2. Anti-social behaviour is a key issue
for local communities and therefore for local government. LGA
research in 2001[86]
showed that local authorities identified anti-social behaviour
as the top community safety issue they faced, both currently and
in the future.
3. The LGA has lobbied for increased enforcement
powers in relation to a range of anti-social behaviour issues,
and welcomes the Government's focus on giving local government
and its partners powers to act. The Association was pleased to
note the further promise within the Home Office five year strategy,
to work with local government and other agencies to ensure that
the correct powers are available to tackle anti-social behaviour
locally. The LGA will be willing to provide further assistance
in making this happen.
4. However, anti-social behaviour with its
broad definition can include both criminal and non-criminal acts;
and it often involves complex issues that require multi-agency
solutions and/or rehabilitative work. We therefore strongly believe
that the most effective approach should be based on sustainable
solutions. Long term and medium term solutions in conjunction
with enforcement actions should be pivotal to tackle the "key
risk factors" that contribute to the causes of anti-social
behaviour.
5. This approach has been clearly adopted
in the recently launched prolific and persistent offenders initiative
which has three distinct but interrelated strands—detect
and convict, prevention and rehabilitation. The anti-social behaviour
white paper and subsequent act did not embrace this wider approach
so clearly and explicitly.
THE CAUSES
OF ANTI-SOCIAL
BEHAVIOUR
6. Defining the causes of anti-social behaviour
is difficult and complex. However, the Social Exclusion Unit PAT
8 report[87]
provided a good base for consideration of the key risk factors
that may influence the likelihood of an individual or group becoming
involved in anti-social behaviour.
Figure 1
CAUSES OF ANTI-SOCIAL BEHAVIOUR
| Family | Individual/peer
| School | Community
| Early adulthood |
parental criminality
poor parental supervision/discipline
low family income/social isolation
family conflict
| alienation/lack of social commitment
early involvement in problem behaviour
peer involvement in problem behaviour
high proportion of unsupervised time spent with peers
Alcohol/Drug misuse
| lack of commitment to school (truancy and exclusions)
disruptive behaviour (including bullying)
low achievement
school
disorganization
| community disorganization
availability of drugs
opportunity for crime/ASB
high percentage of children in the community
poor leisure facilities
area abandonment
Media hyped profiling of ASB
Generational intolerance
| lack of skills or qualifications
unemployment or low income
homelessness/ poor quality housing
|
| | |
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7. To tackle these risk factors it is clear that the
way forward would be to invest in further medium- and long-term
solutions that will aim to reduce the risk of incidents of ASB
occurring and work towards limiting these risk factors. The table
clearly illustrates the pivotal responsibility that local government
has in respect of delivery of services that can impact on these
causes through children services, adult services, education, leisure,
housing, regeneration and crime reduction. It is clear that we
need to work together to ensure that the structures and services
are in place and adequately supported to ensure that these risk
factors are tackled effectively within our communities.
8. It is worth noting that the definition of anti-social
behaviour is often varied and unclear. Local partners therefore
need to work together in each locality to identify the nature
and extent of anti-social behaviour in their area and develop
locally appropriate strategies to deal with it.
THE EFFECTIVENESS
AND PROPORTIONALITY
OF CURRENT
POWERS
9. The LGA has strongly welcomed a number of the key
powers that have been introduced to help councils and their local
partners to tackle the issues of anti-social behaviour within
their locality. However, we see the approach towards tackling
anti-social behaviour as a three-pronged approach—that is
prevention, enforcement and rehabilitation. The powers introduced
contribute predominately to the enforcement element of the approach.
Anti-social Behaviour Orders (ASBOs)
10. Local authorities have found that the new streamlined
ASBOs processes introduced within the Anti-social Behaviour Act
2003 useful. Across England and Wales latest figures show that
2,455 anti-social behaviour orders have been sought in total since
their introduction; and research shows that half of these are
applied for by councils, half by the police, but with many involving
joint working between the two agencies. [88]In
other cases authorities have also used the threat of such orders
to deal with problem behaviour. Furthermore, these figures do
not reflect the fact that the vast majority of cases considered
will result in modified behaviour without actually applying for
an ASBO.
11. One barrier that a number of authorities have encountered,
however, is that their local Crown Prosecution Service (CPS) are
expecting applicant local authorities to prosecute breaches of
ASBOs. These are often contested in crown court as they potentially
carry a custodial sentence and as such a local authority solicitor
does not have rights of audience in crown court which requires
a Barrister who will usually be sourced externally. This could
potentially be an expensive problem for many local authorities.
Furthermore, local authorities have reported that the criminal
justice system has hampered the use of such orders. Case examples
have been highlighted whereby the CPS made a decision not to take
breaches seriously and not prosecute. A swift and effective response
from the Criminal Justice System is a vital part in tackling anti-social
behaviour to ensure that their use is taken seriously and therefore
act as a deterrent. The LGA therefore hopes that the improvements
to the prosecution and court process as outlined in the Home Office
five year strategy[89]
will help to eliminate these barriers.
12. Authorities would welcome the ability to forward
free standing ASBOs (that is ASBOs not linked to other existing
proceedings) through the county court and not just through the
magistrates' court as is now the case.
Acceptable behaviour contracts (ABCs)
13. Acceptable behaviour contracts, which were developed
originally by the London Borough of Islington, are proving successful
for a number of authorities. However, it needs to be recognised
that these are resource intensive for authorities. The new youth
service framework, with a clear focus on crime and disorder among
other things, could improve things in the future.
Parenting orders and classes
14. Parenting orders and classes are seen as a good tool
and authorities have used them for good effect. However, a number
of authorities have noted that they are not able to resource and
meet demand requested through referrals. Again, inadequate funding
is an issue in this respect. The 2003 ASB Act states that in the
case of a juvenile an ASBO must be accompanied by a parenting
order unless the court states reason not to (for example if the
young person in care of the local authority or such provision
is not locally available). Many local authorities will struggle
to adequately provide this specialist provision, particularly
in rural areas where costs will be high.
Fixed Penalty Notices (FPNs)
15. The proposals in the Clean Neighbourhoods consultation,
to extend the number of offences which FPNs can be used for and
also to allow councils to set their own fine levels will be very
welcome.
16. There are issues with enforcement, therefore the
proposed new offence of giving a false name and address will be
helpful in ensuring these powers are most effective. New powers
to deal with nuisance vehicles, fly-tipping and fly-posting are
the LGAs three main priorities in terms of improving the local
environment and these will all address anti-social behaviour at
the same time.
17. A number of authorities have raised the issue that
FPNs will not be upheld in court unless the person issuing it
has seen an offender commit an offence. Duty of care legislation
doesn't allow other evidence to be used. This therefore limits
the extent to which this power can be used.
Dispersal powers
18. The ASB bill originally had suggested that when the
police wished to seek a dispersal order they would need only to
consult with local authorities. The LGA lobbied hard to change
this, and the final ASB Act ensured that police have to seek agreement
from the relevant local authority. This change has been vital
to secure local authority ownership for dealing with the consequences
of dispersal, and the longer term joint problem solving in areas
with the police service.
Public order and trespass
19. New powers to move trespassers and associated vehicles
has proved futile in a number of areas as the local authority
travellers site are often full (a condition is that the powers
can only be used by the police if an alternative site is available).
The LGA did note its concerns during the development of the act
that the provision of traveller sites was a national problem which
would limit the use of this power.
Individual support orders (ISOs)
20. The LGA has warmly welcomed the development of Individual
support orders introduced under the Criminal Justice Act 2003.
The purpose of ISOs is to tackle the underlying causes of a juvenile's
anti-social behaviour and rehabilitate the individual's behaviour.
This approach fits firmly with the LGA vision to reducing anti-social
behaviour.
Closure orders
21. The LGA has been supportive of the powers given to
the police for closure of "crack houses". However, it
is important that local authorities are consulted as soon as possible
when a closure order is being sought.
Local government powers in relation to housing
22. Injunctions under the Anti-social Behaviour Act 2003
are welcomed as they now include those perpetrators who are tenants
of registered social landlords (RSLs). The changes also widen
the scope of those people local authorities are able to protect.
However, there is a clear gap in terms of private sector housing.
Some private landlords are very reluctant if not obstructive,
when approached about their tenants ASB. Currently, there is no
mechanism to ensure that private landlords assist with the investigation
of nuisance complaints and the developments of strategies to tackle
individual cases. A number of authorities have set up voluntary
landlord accreditation schemes to try and address this issue which
have proved to be useful.
23. During the passage of the Bill the LGA expressed
concerns that demotion of tenancy has the potential to place the
most vulnerable members of society in a more precarious position.
It is important that consideration is given to each case individually
around the medium and longer term effects of such actions.
24. Homelessness prevention and ensuring vulnerable young
people have access to sufficient stock of good quality housing
support are also central to avoiding ASB. The Government's reduction
of the Supporting people budget and the low level of funding for
Children's Social Services only add to an increased risk of ASB
amongst these young people.
25. Good case study examples to aid localities in deciding
on the most appropriate process to use to tackle anti-social behaviour
would be useful. Examples are beginning to be developed locally
that indicate that although ASBOs are a civil remedy, common practice
is that the quality of evidence must be to the standard expected
for criminal procedures. This can make application process more
difficult than communities have been led to expect by the Government's
"together" campaign which can lead to an unhelpful gap
between expectations and reality.
26. The LGA is in the process of conducting research
into the use of the powers introduced through the Anti-social
Behaviour Act one year on. The findings will be launched late
Autumn 2004.
ISSUES OF
ENFORCEMENT AND
CO -ORDINATION
27. Although a great number of authorities have said
that the co-ordination and partnership working has improved locally
around issues of tackling anti-social behaviour, there is still
a need for further improvement in the co-ordination between LAs
and the police (and other agencies). A key area of concern that
authorities have indicated has been the sharing of local knowledge
and intelligence, especially between LA anti-social behaviour
teams and the police on specific cases and incidents. It is also
important that LAs have access to court information when dealing
with specific cases.
28. Partnership working is key: some of the most successful
examples of tackling anti-social behaviour are the result of joined
up working between councils and key local agencies. However, there
needs to be a clearer definition of how the various participants
interrelate. Local government can contribute most effectively
in dealing with anti-social behaviour through provision of long
term sustainable preventative measures, with access to suitable
tools of enforcement.
THE IMPACT
OF GOVERNMENT
INITIATIVES
29. ASB focus from central government has led to an increase
in focus within many localities. The inclusion of ASB, as a national
policing priority, has been particular effective in gaining police
recognition of "low level" crime as a local priority
and provides the impetus for local joint working. Furthermore
the £25,000 allocation to all CDRPs has also been welcomed
to increase co-ordination, particularly in small CDRPs. Though,
as this is time limited until 2006, the bigger issue of resources
needs to be addressed.
30. The "together" campaign has provided an
effective way of publicising ASB and raising awareness. It has
also given local authorities the opportunity to re-enforce important
messages about behaviour and tolerance. The Home Office trailblazers
have demonstrated some great results; however the work only involves
a small number of authorities. The LGA hopes that the support
and good practice can now begin to be shared with all local authorities.
31. There needs to be a consistent approach across all
Whitehall departments. The impact of the powers available to tackle
anti-social behaviour is clear, but the supporting structures
must enable these initiatives to work.
32. For example, the Department for Education and Skills
(DfES) needs to ensure that schools and Local Education Authorities
(LEAs) have the funding and resources to deliver the Personal,
Social and Health Education (PSHE) and Citizenship curriculum
in order that children and young people can develop pro-social
values and behaviour.
33. There are no quick fixes. Tough action against perpetrators
may make good short-term headlines, but unless that is accompanied
with long-term action, the victims will be the long-term losers.
The association asks that government widens its focus, from the
use of enforcement powers as the only measurement of performance
in relation to anti-social behaviour, and begin to acknowledge
the preventative work being done by local authorities and their
partners to tackle the underlying causes to anti-social behaviour
locally. A number of illustrative case studies are highlighted
within the LGA paper "Sustainable solutions to anti-social
behaviour".[90]
34. To be most effective councils and their local partners
need to be free to pursue an integrated, holistic approach to
tackling and preventing anti-social behaviour at the local level,
and central government can focus on resolving the structural causes
of anti-social behaviour. Although resources are being invested
by authorities in preventative work, councils are currently faced
with a range of national initiatives, inter-agency activities
and government drives focused on diverse issues. One of the biggest
challenges facing councils is co-ordinating these diverse initiatives
to enable the benefits to reach local communities.
35. Local authorities, with their democratic mandate
are best placed to identify the key issues locally. Working together
with local partners, who have the freedom to react to the needs
of the local communities, localities can tackle the issues of
importance. There needs to be a better recognition nationally
of the differences in priorities across localities, and freedom
for the agencies within these communities to tackle the priorities
for that locality.
36. The consequences of these new government initiatives
on local authorities have to be also considered in financial terms.
The consequences of longer term costs as new orders and provisions
bed in are only now starting to become clear. The savings from
anti-social behaviour investment in enforcement, prevention and
rehabilitation are not directly recouped by local authorities.
37. Local authorities and their partners face government
initiative after initiative around issues of anti-social behaviour,
however, the LGA believes that government needs to also look at
the structural problems that are at the root of ASB.
DIVERTING YOUNG
PEOPLE FROM
ANTI-SOCIAL
BEHAVIOUR
38. The association believes that overall there is undue
focus on enforcement rather than preventative activity in this
area within the Anti-social Behaviour Act. We fear that such an
approach may simply reinforce negative perceptions of young people
as trouble-makers, jeopardise their future life chances and lead
to further alienation. There needs to be a balance between punishment
and ensuring that children and young people have the best possible
start in life. The 2002 review of the UK's implementation of the
UN Convention on the Rights of the Child highlighted poor progress
in this area. Furthermore, ASB should be defined by the behaviour
and not the age of alleged perpetrator.
39. The government needs to give more emphasis to working
with local communities to tackle the social conditions that give
rise to much ASB as well as ensuring that there are adequate resources
available for suitable diverting activities for young people.
ASB is linked with a lack of things to do and places to go for
young people without money in both urban and rural areas. Local
authorities have seen endless budget cuts over recent decades
and youth activities, leisure services, libraries, clubs, have
all suffered severely. Schools and councils have been forced to
sell off playing fields and open spaces where kids might have
let off steam.
40. The ASB Act, every child matters and numerous other
consultation documents refer to the importance of parenting or
family support. However, the message from local authorities is
that there is great concern about the shortfall in adequate funding
for such provision.
DISPARITIES IN
LEVELS OF
ANTI-SOCIAL
BEHAVIOUR AND
IN USE
OF POWERS
TO COMBAT
IT ACROSS
THE COUNTRY
41. There are obvious disparities in the use of ASB legislation
and levels of ASB across the country. Some of this disparity could
be due to the level of resources available ie some inner-city
areas have access to more resources to address the problem. However,
another contributing factor to this disparity reflects complex
issues around what is determined as anti-social behaviour and
the need for locality based actions to deal with local issues.
42. The number of ASBOs sought should not be the key
performance indicator for the success of local authorities in
tacking ASB locally. As this submission has previously noted,
ASB may be dealt with locally before reaching enforcement stage.
The process for Corporate Performance Assessments (CPA) 2005 and
onwards will hopefully recognise this need to measure quality
of prevention and rehabilitation strands of work.
RESPONSIBILITIES OF
THE PRIVATE
SECTOR FOR
TACKLING ANTI-SOCIAL
BEHAVIOUR
43. The private sector has a responsibility in tackling
anti-social behaviour. In some cases the private sector sets a
poor example eg through illegal fly posting, but on the whole
authorities have noted a positive response from the business community
within their locality. It is important however that the issue
of anti-social behaviour is seen as the responsibility of the
whole locality and not that of the police or local authority.
London Borough of Camden has for example developed a strong relationship
with the Holborn Business Partnership who has provided funds to
be used as police overtime to tackle ASB and provided the use
of a solicitors firm, free of charge, to conduct an ASBO application.
Licensing Act 2003
44. An unintended outcome of the Licensing Act 2003 may
be to increase anti-social behaviour. The Act adopts a deregulatory
approach, providing many new opportunities to licensees, including
24-hour provision of alcohol, likely to lead to an increase in
ASB. Although local authority licensing strategy has to take into
account crime and disorder issues, we need to ensure that the
licence trade takes a responsible approach to the new regime.
This needs to apply to all licensed premises. It should focus
on avoiding under-age drinking; binge drinking and mixing substances
(eg alcohol and cocaine) and stopping drinks being "spiked".
Housing
45. Empty homes are a significant problem. The vast majority
of these empty homes belong to private landlords. Areas where
there are a number of empty homes may see a reduced market value
in neighbouring properties and in the wider area, thereby contributing
to a spiral of decline. The housing minister Keith Hill said that
the Government would not tolerate homes which are "sitting
empty, becoming magnets for vandals and ASB, at a time when there
is a shortage of homes in some parts of the country." The
Association therefore welcomes a number of the proposals under
the Housing Bill expected next year. The introduction of Empty
Home Management Orders for Empty properties will provide a new
intervention tool for councils.
46. The LGA warmly also welcomes the proposal for introducing
a licensing regime to ensure greater protection for tenants in
Houses in Multiple Occupation so that higher standards of management
and maintenance can be more easily enforced. It is something that
the LGA has been requesting for a while. The mandatory scheme
will help to ensure that 120,000 of the most vulnerable households
in the country will receive statutory protection.
47. In the longer term the LGA would like to see the
introduction of licensing for the whole of the private sector
but welcomes the proposals in the bill as a good start. The association
sees licensing as essential to encouraging regeneration in destabilised
communities with a range of social and economic problems, particularly
where bad landlords are linked to criminal and anti-social behaviour
generally.
30 September 2004
86
Local Government Association (2001), Partners Against Crime:
a survey of local authority approaches to Community Safety, Research
report 24, London: LGA. Back
87
Social Exclusion Unit (March 2001) Report of Policy Action Team
8 (PAT 8): anti-social behaviour. Back
88
Carey, S. (2002), A review of anti-social behaviour orders. Home
Office Research study 236, London:Home Office. Back
89
Confident Communities in a Secure Britain-The Home Office Strategic
Plan 2004-08 (July 2004). Back
90
Sustainable solutions to anti-social behaviour-local government's
approaches to tackling anti-social behaviour, LGA, September 2004. Back
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