Independent Working Group on Antisocial Behaviour: review report

Recommendations

In developing this report, the Independent Working Group identified several overarching observations and recommendations that provide a foundational perspective on the challenges and opportunities in relation to designing a fair and effective response to antisocial behaviour. These high-level insights are derived from the more thematic actions presented later in the report and reflect the key findings that emerged from our work as a group. By addressing these overarching considerations, we aim to establish an understanding that informs and enhances a collective response.

Recommendation 1

• Scotland cannot look at antisocial behaviour in isolation - antisocial behaviour is a result of deep-rooted societal issues - to be successful in reducing antisocial behaviour we must reduce poverty, increase housing stability, reduce food insecurity, and address gaps in services such as youth work and lack of mental health resources. These are the key drivers of antisocial behaviour. Measures addressing antisocial behaviour must align with broader government objectives, such as the climate just transition and child poverty eradication and sustainable public services but overarching responsibility for joining these up is lacking. In short, there is no point of accountability for ensuring the whole system societal change is happening that would reduce antisocial behaviour and its impact. Acknowledging that effective responses to antisocial behaviour cut across policy portfolios and ensuring that the right expertise is around the table is essential. There are examples of good practice that are scalable and can be used as tests of change within antisocial behaviour contexts, but these need oversight. Our recommendation is that an oversight board, chaired independently, be formed to support a whole system approach to drive change; commissioning work/organisations to support change and meet identified actions (below); develop a framework for strategic deployment of resources; provide leadership to the sustainable delivery of upstream prevention and achieve effective partnership working.

Recommendation 2

• Legislation - general consensus from those who provided evidence suggests that current legislation is not effective for the whole system. We have been told that although the legislation works for some in some settings, that implementation is patchy, some elements of the legislation are obsolete, and that the overarching ethos of the act (focused on enforcement) may not be appropriate as we continue to develop a human rights approach in Scotland. A review of the current antisocial behaviour definition and statutory framework could clarify the sometimes blurred lines between non-criminal and criminal forms of behaviour that are designated as antisocial behaviour and review the range of orders specified in the legislation, in the light of the recommendations of this report. Our recommendation is that the current legislation, definition and guidance is reviewed and revised. This review should consider what support and training will need to be provided and how any new legislation will be implemented.

Recommendation 3

• Data and information - The Working Group found significant gaps in data and information - collection, collation, analysis and exchange. There are currently no integrated systems for ensuring the right data gets to the right place for the right outcomes. Relevant data needs to be shared proactively between all relevant partners at the earliest opportunity to prevent antisocial behaviour. This has hampered our quest to quantify the prevalence of ASB and will hinder our attempts to prevent it. There is a requirement for more systematic data collection around an agreed set of behaviours designated as ASB, including key demographics relating to those who cause antisocial behaviour and victims. With investment in quantitative research and predictive analytics we could better understand and address patterns of antisocial behaviour. Using data to inform place-based and proactive interventions that address emerging issues early can demonstrate the long-term societal and economic benefits of investing in youth services, reducing future costs in justice, welfare, and healthcare systems in Scotland. The group recommends a systematic review of data and information gathering, analysis and exchange to enable more effective flow of data, better information gathering, new systems for reporting antisocial behaviour and a clearer understanding of what antisocial behaviour is and what should be reported and to where and to whom.

Recommendation 4

• Prevention - there are many reasons that Scotland should be further ahead with its prevention journey. The group found real inconsistencies in what people understand about prevention. It is also very difficult to build the plane, while flying it. The group therefore recommends the development of a preventive framework outlining the supports and resources within public services to achieve upstream prevention, encompassing tests of change and scaling up evidenced based, existing preventative activities to be rolled out across the country. This framework should map existing prevention services across Scotland, including third sector, private companies as well as the statutory sector. Investing in enhanced prevention and support services. This work should be seen as longer-term action and allowed to develop over time. Oversight of this work could be by a prevention subgroup of the oversight board described in recommendation 1. These recommendations are complementary to each other and should not be seen in isolation.

Recommendation 5

• Situational Action - Responses to antisocial behaviour must include both prevention for sustainable change and policies to deal with situational factors to tackle immediate harms caused by antisocial behaviour. This will require more effective partnership working, co-commissioning organisations to work together differently and the re-commissioning of sustainable services like community and youth work, including community learning and development, youth work and community resilience efforts. Our recommendation is that all Local Authorities review and update their current Antisocial Behaviour Strategic arrangements and Strategies, to ensure a dedicated focus and spend on the prevention and addressing of antisocial behaviour. Local Authorities should publish a dedicated Antisocial Behaviour Strategy as required by the Antisocial Behaviour (etc) Scotland Act 2004, rather than include Antisocial Behaviour within wider strategies such as Community Safety.

The Working Group engaged with a diverse range of stakeholders, drawing on insights from individuals, communities, and organisations representing a broad spectrum of experiences and perspectives. However, given the constraints of time and resources, this engagement was not exhaustive and reflects only a portion of the areas that could contribute to this complex issue. While the themes addressed later in this report are more specific, this insight has supported our thinking around broader, persistent and systematic issues that have emerged. Achieving our overarching recommendations - as outlined above - will therefore require the consideration of the targeted actions within the substantive focus areas explored by the Working Group: