Independent Working Group on Antisocial Behaviour: review report

Justice

From our engagement session with all sectors, what we heard on many occasions was description of criminal acts being described as antisocial behaviour. At times there is a fine line, with antisocial behaviour becoming law-breaking, however some examples of behaviour were criminal. The group heard of behaviour escalating from antisocial into, at times, serious criminal behaviour which echoes findings from various research studies (see above for more details).

Through speaking to justice colleagues, the group heard that there is a lack of evidence about what works to address persistent and serious antisocial behaviour. What these professionals advised, from their experience, was that prevention, early and effective intervention and diversion was more effective in tackling the root causes of such behaviour. Antisocial behaviour is often caused by mental health, vulnerabilities, neurodiversity etc, and there is a need for these specialist services to be available consistently throughout Scotland.

As stated in other sections, there is a perception that young people cause the most antisocial behaviour when it comes to breaking the law, although the data that is available does not corroborate this. Some examples given to the group highlighted that some individuals, especially some young people or those who may be vulnerable were being criminally exploited. Examples given included stealing to order, and some online behaviour.

There was a clear view from engagement with victims and those who support victims that current approaches to dealing with persistent antisocial behaviour are ineffective in Scotland and that there would be merit in creating a consistent approach to persistent antisocial behaviour, for example, learning more about the impact of community trigger approaches employed in England, as well as community protection notices.

There was also a view from victim organisations that relevant authorities such as police and housing providers, do not understand the level of harm caused by persistent antisocial behaviour.

Restorative Justice

Within the justice session, Restorative Justice was identified as being effective in some situations to address antisocial behaviour. Restorative Justice allows the victims and those causing antisocial behaviour to meet and discuss the impact of their behaviour. This approach, which is more restorative and place-based, taking a conflict resolution approach, which is not criminal based, was discussed and given as a good example to address antisocial behaviour. The professionals we spoke to agreed that, where possible, you need to take antisocial behaviour out of the justice context response to help people effectively change.

The Scottish Government, in its 2019 Action Plan^[29], committed to having Restorative Justice services ‘widely available across Scotland by 2023’. Restorative Justice is defined by the Scottish Government (2019:5) as: “... a process of independent, facilitated contact, which supports constructive dialogue between a victim and a person who has harmed (whether this be an adult, a child, a young person or a representative of a corporate or other body) arising from an offence or alleged offence.”

A recent review (Scottish Community Safety Network and Scottish Government, 2023:21) found that certain respondents advocated for the use of Restorative Justice (and mediation) in response to instances of antisocial behaviour. Where Restorative Justice is engaged in respect of antisocial behaviour, the Scottish Government has stated that it is vital that it is entirely voluntary for all parties participating and is overseen by appropriate specialists in line with guidance (see Scottish Government, 2017). Although there may be benefits attached to using Restorative Justice approaches - it is important that it is not employed for behaviour which could otherwise be dealt with outwith a Restorative Justice process (possibly leading to net-widening (drawing individuals into a process or system at a more intensive level than is proportionate to their actions) - see Vaswani & Brown, 2022).^[30]

Safe Spaces

The group heard that a lot of antisocial behaviour causation is contextual. Our infrastructures are set up so that often this encourages (or requires) people with vulnerabilities to gather at designated hubs. For example, at the prominent Dundee city square, the main pharmacy dispenser is right beside the shopping centre - for people to get their medication - but causes an antisocial behaviour perception leading to fear and anxiety amongst the public.

We are creating that poor physical city/town centre design structure. There is a perception of antisocial behaviour when nothing is occurring with people who have vulnerabilities. This can result in direct interventions and possible police involvement. One solution offered was taking a contextual safeguarding ‘safe space’ approach (see below for more details).

Actions:

• Investment is made in funding to ensure communities have access to specialist, free and independent Mediation and Restorative Justice Services locally.
• Take a contextual safeguarding approach to ensure safe spaces in city centres and high crime areas.
• When behaviour escalates to criminal or violent behaviour, a proportionate and appropriate response is required.

Case study - John is the head porter at Durham Cathedral. He lives on site. One night in November 2013 he became aware of noise on the roof of the Chapter House. He went to investigate and saw that four people had climbed up some scaffolding and were putting themselves in much danger as the roof is very high and there is a steep drop into the river at one side.

John climbed up to encourage them to get down and in the process slipped and hurt his back and arm. He’d already called 999, and by this time the fire brigade and a police helicopter had arrived. It turned out that the four people were students at the University who had climbed up as a drunken prank. They were eventually fined by the University and narrowly avoided being asked to terminate their studies. One of the students wrote John a letter to apologise and he eventually met all four of them in a Restorative Justice conference.

“They took every criticism on the chin. I think they’d learned a huge lesson. It was a case of stupidity mixed with alcohol. “The meeting diffused everything. They are more than sorry and a couple of them now go round to talk to sixth formers about excessive drinking. One also volunteers at the cathedral.”

Without Restorative Justice, John says the matter would never have been resolved as effectively.

Thanks to Why me? (Victims for Restorative Justice) for permission to use this story.

Case study - Community Justice Health and Wellbeing Programme in Glasgow

This Community Justice Health and Wellbeing Programme in Glasgow is a partnership between health and justice services improving people’s health and wellbeing and supporting people carrying out community sentences.

The programme outlines that improving people’s health can be challenging and complex as is assessing and tracking the health of a particular group then devising and applying strategies to help people live healthier lives. That includes addressing the inequalities that impact people’s health such as poverty and reduced educational opportunities - enabling and encouraging people to have more control over improving their own health.

People involved with the criminal justice system can experience multiple and complex health issues with lack of access to community health and social care services. Supporting people to improve their health and wellbeing can contribute to helping to reduce reoffending.

In September 2023 Community Justice Glasgow, Glasgow City Health and Social Care Partnership Justice Services, NHS Greater Glasgow and Clyde, and Neighbourhoods, Regeneration and Sustainability - the largest organisations providing unpaid work for people carrying out Community Payback Orders (CPOs) held a health and wellbeing event aimed at people serving CPOs. Working with statutory community justice partners and community services, sixteen organisations were involved aiming to support people to engage more fully with services and address potential health needs.

One person serving a CPO stated: “The engagement workshop was very beneficial to me. I feel like I walked away with good professional advice both to help me mentally and physically and general life lessons.”

The event was evaluated to help define health and wellbeing priorities identified by people serving CPOs and compared to what people said was important to their health which resulted in the Glasgow City CPO Unpaid Work Health and Wellbeing Programme. Training was offered for unpaid work supervisors and social care staff to be able to support the health needs of individuals serving CPOs. For each priority identified, the programme offers training geared to directly address people’s health needs. Supporting individuals with their health and complex life circumstances improves health, reduces inequalities, improves understanding of community services and helps reduce reoffending.

One example involved tackling alcohol use with Glasgow Council on Alcohol who developed and delivered a community justice specific alcohol awareness session, scheduled at regular intervals throughout the year. Alcohol Brief Intervention (ABI) training was offered to unpaid work staff.

To date (as at September 2024), 120 people carrying out CPOs have attended awareness sessions and 100% of unpaid work staff are on course to be ABI trained. A recording system has been developed measuring the impact of ABIs in community justice settings and system findings will be reported to the Scottish Government.

In year one, the NHS, Glasgow City Council, Glasgow City HSCP and third sector partners have worked to deliver a rolling programme of sessions on topics including alcohol, drug use, sexual health and blood borne viruses, mental health, suicide prevention awareness, women’s health, financial health and physical health actions that have hopefully benefited beyond the reparative nature of unpaid work. And with all this collecting client and staff feedback using a ‘Plan Do Study Act’ approach testing how the Health and Wellbeing Programme works in practice in a busy unpaid work service that also deals with other duties.

A CPO with an unpaid work requirement ensures an individual gives back through work benefitting their local community. In some cases a proportion of the hours in the community sentence can involve carrying out other activities and the wellbeing sessions qualify for this.

This work has already helped to strengthen local partnerships and collaborative strategic planning across health and justice. Hopefully it also helps people serving CPOs to have better control over improving their health.

Thanks to Community Justice Partners involved for permission to use this case study. Details of this programme were included in the following blog: A partnership between health and justice services in Glasgow is improving people’s wellbeing - Community Justice Scotland.