PROCEDURES FOR ASBO APPLICATIONS FOR YOUNG PEOPLE

3.15 Whilst the Children’s Hearing system remains the primary forum for addressing ASB for this age group, the availability of ASBOs for young people has required LAs to develop procedures to involve the Children’s Hearing System in cases where an ASBO application for a young person is being contemplated. By summer 2005, such procedures were already in place in most authorities. Development of these procedures generally involved a multi-agency approach, usually involving the following groups: ASB teams and coordinators; Children's Panel Members; Children's Reporters; community safety teams; health; LA education departments; LA housing departments; LA social work departments (children and families and youth justice); LA legal services; police; RSLs; and voluntary organisations.

3.16 The basic structure of the approach to considering ASBO applications for young people is similar to that used for adults, but the cast of stakeholder participants is different because of the involvement of the Children’s Reporter’s office. A young person may be referred for consideration as a ‘possible ASBO case’ in the view of an agency such as Housing or the police. The decision on whether an Order should be sought will then involve a cross-departmental case conference approach. Special multi-agency panels have been established to make such decisions in the case of young people. All four case study LAs had set up such groups, e.g. bringing together Housing, Education, Social Work, Youth Justice, Children’s Reporter, police, legal and ASB staff. In Dumfries & Galloway, the Council’s Youth Justice Screening and Resource Group (YJSRG) was described as a response to specific requirements as outlined in national guidance16.

3.17 The multi-agency panel may consider a particular case at successive meetings. Initial decisions in favour of ‘lower level’ measures (e.g. ABCs, mandatory supervision) may be succeeded by more serious deliberation on an ASBO application. Both prior to, and at this point, the panel would also look at support measures that would be offered to the offender alongside any ‘enforcement style’ measures (e.g. compulsory measures of supervision, ASBO). In all the case study LAs, it was reported that any instance involving a young person and progressing to an actual ASBO application would routinely involve the offer of additional support.

3.18 While the Children’s Reporter typically participates in the multi-agency panels alongside a wide range of other professionals, the Reporter’s role appears pre- eminent. In one case study LA, for example, any panel discussion on whether to make an ASBO application in respect of a young person would be chaired by the Reporter. 3.19 By the end of the current research, procedures for considering possible ASBOs in respect of young persons were in place in all four case study LAs. However, the perceived effectiveness of these varied somewhat from authority to authority. In one area, for example, there were concerns that the Education Department had been difficult to engage in the process. Collaboration between participating agencies had been hampered by reluctance to share certain relevant information, in particular relating to child protection. There had also been disagreements about which Council department should act as ‘case manager’. In this area, at least, it would appear that procedures and inter-agency relationships had room for improvement.

ASBOs activity in respect of young people

3.20 At the start of the new regime (late 2004), more than half of LAs (62 per cent) expected to make use of the power to seek ASBOs against young people (2004/05 national survey). 29 RSLs also expected to make ASBO applications in respect of young people in the following year. Given the scale of activity envisaged, the combined impact would have led to an annual throughput of applications for ASBOs against young people totaling at least 80.

16

Scottish Executive (2002) National Standards for Scotland’s Youth Justice Services

3.21 In practice, however, applications for ASBOs in respect of young people were first made only in 2005/06. And, while our survey shows that 96 ‘young persons’ cases were considered for possible ASBOs during the year, these resulted in only four Orders being granted: two cases in Edinburgh, one in Dundee and one in Renfrewshire.

3.22 In the vast majority of the 96 cases, it was decided not to proceed with an ASBO application at that time; instead relying on other remedies. While an ASBO application might be made at a later date (e.g. following the ‘failure’ of alternative measures), this might not occur until the individual, having turned 16, had ceased to be a ‘young person’.

3.23 Survey respondents were asked about the reasons for decisions not to proceed with court applications in cases involving young people. Overwhelmingly, the main reason was that, after due consideration, alternative measures were considered to be more appropriate. This suggests that agencies are taking time to consider all possible options for young people involved in ASB, seeking ASBOs only when other options are seen to have failed. Decisions not to proceed solely due to lack of support from the Children’s Hearing System or insufficient evidence were extremely rare.

3.24 While the legal provisions enabling LAs to obtain ASBOs against young people have not remained entirely unexploited, the numbers of cases progressing to actual Orders has, so far, been substantially lower than initial estimates on the part of LAs and RSLs suggested. It would appear that this reflects, at least in part, the fact that the checks and balances built into the ASBO application process as it relates to young people can be seen as constraining the scope for taking cases forward to Court. 3.25 The provisions for ‘young persons’ ASBOs’ have only recently been enacted and it could be that the scale of activity here will rise above that recorded in 2005/06. However, there is no sign at the moment of the pattern of ASBO use resembling that in England and Wales, where more than one-third of Orders are made against persons aged under 1617.

Summary of main findings

ƒ Since October 2004, the Courts have been empowered to grant ASBOs against persons aged 12 – 15 years old. The legislation lays down procedures requiring that, when relating to young people, ASBO application procedures are integrated within the Children’s Hearing System.

ƒ LAs have established special multi-agency groups and other procedures to deliberate on appropriate responses to anti-social behaviour by young people that might fall within the remit of ASBO powers. However, whereas appreciable numbers of cases are being reviewed under such arrangements, only a very small proportion have as yet led to formal ASBO applications. For the most part, it is determined that alternative approaches (e.g. ABCs) are preferable.

17

Campbell, S. (2002) A Review of Anti-social Behaviour Orders; London: Home Office

ƒ While the new powers remain relatively recently enacted, it appears highly unlikely that the pattern of ASBO use in Scotland might come to resemble that in England and Wales, where young people account for a very substantial proportion of Orders.