Independent Working Group on Antisocial Behaviour: review report

Legislation

The Antisocial Behaviour etc. (Scotland) Act 2004 extended existing provisions under the Crime and Disorder Act 1998. This took into consideration the experience and learning in the intervening period, establishing strategies, powers and mechanisms to deal with antisocial behaviour, including behaviour involving children aged 12-15 years old.

Related Guidance requires each Local Authority and the Chief Constable to take a strategic approach when dealing with antisocial behaviour. These strategies should be based on the principle that prevention is better than cure and, where such behaviours occur then community-based interventions will deal effectively with causes and effects. Interventions including mediation, support services, voluntary agreements and diversion projects are explicitly encouraged.

As part of the research undertaken by the group, we attempted to review all 32 Local Authority area Antisocial Behaviour Strategies (as required by the 2004 Act), however only 23 appeared to be available online or were able to be found. These 23 strategies were reviewed. This exercise revealed a mixed picture across Scotland, with 15 Local Authorities having a standalone Antisocial Behaviour Strategy, 7 widening to Community Safety Strategies and including an Antisocial Behaviour Priority within, 1 Joint Community Safety and Antisocial Behaviour Strategy and 9 either not appearing to have any or easily found on their website, or contained within another policy document, or relying on their Local Outcomes Improvement Plan (LOIP) - a requirement of the Community Empowerment (Scotland) Act 2015 (replacing Single Outcome Agreements) to outline how community planning partners will work with communities to improve outcomes for individuals, families and communities; and some with no obvious strategy covering this area of work, relying on Antisocial Behaviour Policies or Action Plans, Community Planning and Community Justice documents. Of the 23 who appeared to have Antisocial Behaviour or Community Safety Strategies, 13 were within current date range with 10 being out of date; with date range examples from 2004, 2011/16 to 2019/23.

Of the strategies reviewed, those that identified solely as an Antisocial Behaviour Strategy were not surprisingly the most detailed in terms of a comprehensive strategic approach to tackling antisocial behaviour. Community Safety encapsulates such a wide range of issues that in some wider strategies, not surprisingly, the focus on antisocial behaviour has been diluted or lost with a focus being on other identified wider priorities like home safety, road safety or unintentional injuries.

The main aim of the majority of the dedicated antisocial behaviour strategies was a variance on “to proactively tackle antisocial behaviour to keep our communities safe and ensure the public feel safe and secure”. Dedicated Antisocial Behaviour Strategies also illustrated clear links to local LOIPs, Community Planning and various internal and external partnership arrangements; but did not rely upon them instead having a dedicated and focussed Antisocial Behaviour Strategy.

On a positive note, the majority of these strategies reviewed prioritised “Prevention”, “Early Intervention”, “Engagement”, “Collaboration/Partnership Working”, “Rehabilitation”, “Diversion”, “Community Engagement”, and “Communication” as their focus to effectively tackle antisocial behaviour. Of note, strategies reviewed post 2011 (Christie et al) give significantly more emphasis on Prevention, Intervention, Rehabilitation and Support. Also of note, two most recently reviewed strategies have reverted back from Community Safety Strategies to Antisocial Behaviour Strategies.

It should be recognised that prevention, rehabilitation and support particularly in cases with complex and multi-faceted presenting factors, are not short term “fixes” and recognition is given that within strategies, in order to keep communities safe and crucially feel safe; a shorter-term situational response will often be required. Antisocial Behaviour Strategies illustrate that authorities will take complaints made seriously and, where serious antisocial behaviour has occurred, “Enforcement Action” will be considered. It is important to note that enforcement does not have to happen in isolation, but may be required to alleviate trauma, fear or distress being experienced by others whilst in the background supports and interventions are ongoing in relation to those causing antisocial behaviour. Antisocial Behaviour Strategies across the country illustrate that the harm suffered and the feelings of safety and security of victims and others must be balanced with the rights and support needs of those involved in causing antisocial behaviour. Although strategies recognise the need to support victims of antisocial behaviour, they are not comprehensive on how they can effectively achieve this and considerably less narrative is given within strategies to this element of tackling antisocial behaviour.

Strategies are however clear that “Enforcement” should not be the first response to antisocial behaviour and for longer term sustainable solutions, a preventative approach tackling problems “upstream” is imperative. Strategies do however recognise that there will be occasions where an enforcement situational response would be the most appropriate and proportionate.

This would appear to align with feedback from the consultation groups undertaken during the review, where participants recognised the need for a longer term preventative approach; however, repeatedly and overwhelmingly outlined that for those who have experienced antisocial behaviour “harm is harm” no matter the reason behind it and often the negative effects of harm have serious detrimental (and sometimes long lasting) effects on the lives of those who suffer antisocial behaviour, whether that be in the community, at work, at home or in educational or transport settings.