Independent Working Group on Antisocial Behaviour: review report

Review of antisocial behaviour with recommendations for strategic and sustainable cross-cutting approaches focusing on prevention and early intervention resolutions; partnerships; and support for victims, communities and people involved with antisocial behaviour (ASB).


Protected Characteristics / Equality Diversity Inclusion

The Antisocial Behaviour etc. (Scotland) Act 2004 says that any person using any of the measures in the Act, should do so in a way that encourages equal opportunities and meets the equal opportunities requirements as defined in the Scotland Act 1998.

Equality means preventing, removing or regulating discrimination between people because of a person’s sex, marital status, race, disability, age, sexuality, language, social origin, religious beliefs or political opinions.

In consulting community focused groups representing a broad range of these characteristics, it has been evident that while experience of antisocial behaviour may be different at times, all groups wish the same outcome from the provisions of the Act in promoting neighbourly relationships and community cohesion.

Antisocial behaviour affecting people with protected characteristics, as defined in the 2004 Act, is often experienced as being discriminatory and impacting on all aspects of daily life. While these behaviours are not always perceived as reaching the criminal threshold, there is common belief amongst the groups we consulted, that their experience of such behaviour is an escalating issue.

Cultural acceptance of a collective view versus individual behaviour is considered by some to be a community strength. But this also frequently results in a sense that it is not acceptable to speak out if the undesirable behaviour comes from outside your own household, believing to do so inevitably results in further marginalisation and threat of attack.

All groups consulted raised the effects of austerity; the loss of community resources and infrastructure including sport centres, swimming pools, youth services, etc., impacting negatively on community resilience. This, in their experience, is viewed as a strong cause of increasing antisocial behaviour. There is clear linkage across all communities that where community resilience is low the risks of antisocial behaviour increases.

In the consultation, the Gypsy Traveller community member described how this community tend to overlook hate crime as it is so normal for them to be exposed to it and do not believe anything will be done. As victims, they believe their situation is ‘swept under the carpet’. This opinion of marginalisation in responses to antisocial behaviour is increasingly being replicated across all groups representing minority characteristics. All groups consulted agreed the experience of being a victim of antisocial behaviour is such that the official response lacks effectiveness.

Often, particularly in housing complaints, the response results in the complainer, who by the nature of the situation is frequently more compliant, being moved from their home while the perpetrator is left in situ. Many reported their regret at having reported the situation, believing it resulted in the complainer being further victimised by being moved from their home.

The fundamental expectation of antisocial behaviour legislation among minorities was the same as every community, the difference is in how such acts and behaviours manifest and impact upon them. Frequently it includes discrimination with racial and religious aggravation, marginalisation for difference, including disability and sexuality, often involves hate crime, impacting disproportionately on their sense of community acceptance, safety and equality of opportunity.

There is a sense that the answer to this goes beyond effective intervention and use of the 2004 Act but lies deeper in the provision and support available to all communities, through community infrastructure that provides space for building community resilience.

Impactfully, one representative associated antisocial behaviour with unhappiness. Particularly when it comes to poverty, austerity and unmet need. People who are happy are unlikely to be engaged in antisocial behaviour. Truly an insightful, strategic aim for community cohesion.

Actions:

  • Ensure that demographic analysis, cultural context and intersectionality is included in approaches to Antisocial Behaviour Strategies including carrying out Equality Impact Assessments.
  • Recognise that antisocial behaviour often manifests differently across communities, particularly for those facing racial, religious, or other forms of discrimination. Strengthen responses to ensure they effectively address these specific impacts. Develop targeted interventions to combat hate crime and the marginalisation of minority groups, ensuring that all communities feel supported and valued.

Contact

Email: asbconsultation@gov.scot

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