South Holland District Council has been working hard to address the problem of anti-social behaviour and is taking positive action to make everyone feel more secure in the community.
The importance of working with other agencies is recognised and this involves close liaison with amongst others, the Police, Social Services and schools.
Anti Social Behaviour can be challenged using a wide range of 'interventions'. Some of the most effective interventions are those that directly engage the individual and lead them to change their own behaviour.
The interventions used by the Anti Social Behaviour Team within South Holland include:
- Warning letters and interviews
- Acceptable Behaviour Contracts (ABC's)
- Parenting Contracts
- Anti-Social Behaviour Orders(ASBOs).
Finally a Noise Abatement Notices (NANs) can be sought by the council; however this will be undertaken by the Environmental Protection Team. The Housing Team also have the capability to demote tenancies, and seek possession proceedings against a tenant in addition 'crack houses' can be subject to closure orders.
There are interventions that can be used by other agencies but not by the council these include Parenting Orders, Penalty Notices for Disorder (PNDs), Individual Support orders (ISOs), dispersal powers, injunctions (ASBIs) are made by landlords to tackle the antisocial behaviour of tenants, this may include the council as a landlord.
Positive Action on Anti Social Behaviour
Because ASBOs are so widely publicised both nationally and locally there tends to be limited understanding of the wider picture. In South Holland, the majority of our work is in tackling anti social behaviour when it first occurs, and in ensuring its underlying problems are addressed. A prompt intervention by means of a letter or interview may be sufficient to stop a problem before it develops. We take many steps and liaise with various other people and agencies (parents, the Police, social services, housing officers) before even considering an ABC Applying for an ASBO is the last resort in this process.
It is worth noting that the majority of young people DON'T cause ASB. Our ASB team works closely with Youth Workers, Community Police teams and the community to ensure that young people in South Holland are involved in positive incentives and able to contribute fully to the safety and wellbeing of their neighbourhoods. It is important that our young people are seen in a fair and realistic light, since the majority of them are NOT involved in anti-social behaviour of any kind.
Warning Letters and interviews
Early interventions, for example, early warnings, visits and letters are very important in preventing an escalation of problems.
The goal of any intervention is to:
- first and most immediately protect victims, witnesses and the community
- enable the perpetrator to recognise the consequences of their behaviour
- make sure the perpetrator changes their behaviour
If all the evidence supports the ASB allegation, a warning letter will be issued to the alleged perpetrator or their parents and the case will be monitored.
Acceptable Behaviour Contracts (ABC's)
An Acceptable Behaviour Contract (also known as Acceptable Behaviour Agreement) is an intervention designed to engage an individual in acknowledging his or her anti-social behaviour and its effect on others, with the aim of stopping that behaviour.
Although ABCs have often been made with young people, they are a tool that can be used for a person of any age. The informal, flexible nature of the contract means they can be used for various types of anti-social behaviour.
The ABC is an excellent tool for the mediation process and a method of not only promoting parental guidance but also educating the young person in understanding the consequences of his / her unacceptable behaviour. They are made aware that any breach of agreement could be cited in any future proceedings involving, for example, N.O.S.P's (Notice to Seek Possession Orders), Eviction and / or an A.S.B.O. (Anti-Social Behaviour Order).
At the signing of the agreement there will usually be the Anti Social Behaviour Officer from the council and the Community Beat Officer (Police), Parent / Guardian and any other interested agency such as Social Services, and the Youth Offending Team, Housing Officer, Housing Association representative, etc.
If the ABC is breached and the breach were serious, then we would make a decision as to the most effective course of action. This could include proceeding with an application for possession of the family home and /or involving other agencies such as Social Services, Youth Offending Team in identifying measures involving diversion programmes to solve the problem of the youth's continued unacceptable behaviour. If this is ineffective or inappropriate, an application could then be considered for an Anti-Social Behaviour Order and the case would be progressed If the breach was not serious, then the parents / guardians and the youth would either be re-interviewed or a letter sent reiterating the conditions of the agreement.
Parenting Contracts
Parenting contracts are voluntary agreements made between local agencies, often the local authority, youth offending team, schools, local education authority (LEA) and the individual parent(s).
They can be used alongside ABCs or other interventions and can set out what parents will do to address the anti-social behaviour of a child or children for whom they are responsible.
Parenting contracts may contain an agreement to attend a parenting programme and/or to ensure that a child attends school regularly.
Anti Social Behaviour Orders (ASBO's)
ASBOs are a way of tackling persistent anti-social behaviour. They are used to protect people whose lives are disrupted by the actions of specific individuals. They can be used for a variety of offences and can ban people from doing things in specific places and sometimes from entering certain areas. An ASBO is granted in a civil court, but a breach of an order is a criminal offence. A breach of an order can carry a prison sentence of up to five years, or a fine.
The legal definition of anti social behaviour is defined in section 1 (1) of the Crime and Disorder Act 1998: Section 1(1) of the Act defines acting in an anti-social manner as a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as the complainant.
When applying for an ASBO the Council must provide evidence to the court showing that the person accused behaved in an anti-social manner i.e. acted in a way that caused or was likely to cause harassment, alarm or distress.
The evidence in support of an ASBO application should prove that the defendant acted in a way that caused, or was likely to cause, harassment, alarm or distress to one or more persons not in the same household as the perpetrator. Evidence should explain to the court the context of the anti-social behaviour and its effect on other people. It can include direct witness statements, professional witness statements, hearsay, CCTV footage, letters of complaint (including anonymous complaints) to police, council, landlord, or articles in local press. Any non-compliance with other interventions, eg ABCs or warnings, will be cited.
Breaching the terms of an ASBO without reasonable excuse is a criminal offence and criminal procedures and criminal penalties apply. Breach of an interim ASBO, a county court ASBO or an anti-social behaviour order on conviction is also a criminal offence and attracts the same penalties.
Breach of any of the terms of an ASBO is a criminal offence which will normally be prosecuted by the CPS. Local authorities may also prosecute ASBO breaches. Breach proceedings are heard in the magistrates' criminal court, (the youth court for juveniles). The magistrates may decide to refer the proceedings concerning adult offenders to the crown court if the breach warrants a more severe penalty than is available to magistrates.
