SUCCESS AND EFFECTIVENESS

5.16 Through both case file reviews and discussions with agencies, we have sought to gauge the impact of ASBOs on perpetrator behaviour. Information was available for 88 cases in total (68 tracked cases and 20 untracked cases), while the outcome for 17 cases was unknown.

5.17 The review found that in 29 cases (27 per cent) interviewees perceived an improvement in perpetrator behaviour following the Order being granted. This meant that the ASB had either ceased or had been significantly reduced.

5.18 Perhaps more noteworthy is the significant proportion of cases (over one-fifth) resulting in either an eviction or the termination23 of a tenancy. In all of these cases, the original ASBO application had been triggered by ASB taking place either within or near the perpetrator’s own home. Indeed, tenancy terminations are far more common than eviction (17 terminations compared to only 5 evictions). This highlights the fact that an ASBO can have a major impact upon housing choices, with some choosing to leave their home rather than address their behaviour. During the case file review, it was suggested that this issue was even more prominent in areas of low demand housing. In areas where housing quality was poor and there was an alternative supply of private rented housing, there was thought to be little incentive to maintain tenancies when subject to an ASBO.

5.19 Unacceptable behaviour was thought by the consultees to have been displaced (rather than ended) in two out of the 88 cases where outcome information was available.

5.20 In four cases, perpetrators had moved into institutional settings (see Table 5.7 for more detail). In all of these cases, a continuation of ASB in breach of Orders granted had resulted in this action.

5.21 In 31 cases (29 per cent), the staff involved considered that there had been no marked improvement in perpetrator behaviour.

5.22 For the remaining 17 cases, consultees felt it was too early to judge whether there had been a change in the behaviour, or were otherwise unable to make an assessment. In all of these cases, either complaints had continued following the Order or breaches had been identified.

23

Table 5.7. Perpetrators subject to Orders: perceived subsequent change in behaviour

Reason Dumfries &

Galloway

Dundee Edinburgh North Lanarkshire

Total

Substantial improvement in behaviour

5 7 6 3 21

Some improvement in behaviour 1 2 1 4 8

Terminated tenancy 4 4 7 2 17 Evicted 0 3 2 0 5 Behaviour displaced 0 0 2 0 2 Prison 0 1 0 1 2 Sectioned 0 0 1 0 1 Secure unit 0 1 0 0 1 No improvement in behaviour 3 11 4 13 31

Too early to say / don’t know 1 4 5 7 17

Total 14 33 28 30 105

Source: Case file review

Note: The point at which perceived subsequent change in behaviour was assessed varied on a case-by- case basis, however is only reported where there is clear evidence to support the assessment. For the 10 “don't knows” we were unable to determine the outcome from the casefile or by talking to the lead agency. In the 7 “too early to say” cases the casefile review often took place within only a few months of the ASBO being granted.

5.23 While Table 5.7 attempts to quantify the effectiveness of ASBOs, such an assessment is simplistic in nature and masks the difficulties in defining ‘success’. This was acknowledged by staff consulted during the review. An example given was for cases where the perpetrator was evicted from their tenancy. Such instances certainly brought relief to the communities being affected by the ASB and in this sense the ASBO was a ‘success’. However, it was argued that, in at least some of these cases, household movement can mean that the problems associated with the ASB are not being adequately addressed and may simply be displaced elsewhere. An example of serious noise nuisance in Edinburgh illustrates this point:

‘They [the perpetrator] were given a range of warnings … basically she was having fun [having constant parties] and knew it would have to end eventually. At the time, an ASBO was the right decision, we gave her the opportunity to change. She chose not to, and at least if she returns we can try and help again. We see this case as partly successful. It was the only real option for us and her behaviour could not continue as it was.’

5.24 The same dilemma can be seen in the case of eviction in Dundee:

‘There was no change in behaviour following the Order. In fact, it got worse and became violent and threatening. After the eviction, the household presented as homeless and they were referred to the Dundee Families Project’.

5.25 The situation is slightly different when a perpetrator subject to an ASBO voluntarily leaves their tenancy because this carries no implication that repossession proceeded due to continuing unacceptable behaviour. Nevertheless, some such instances might involve displacement of ASB. Of the 17 Orders involving termination

of tenancy other than through eviction, seven involved further complaints being recorded prior to the move. Some of the perpetrators concerned may be simply moving before any repossession action is initiated.

5.26 The review suggested that where perpetrators chose to leave their tenancy, it was not possible for the LA to monitor their location:

‘Shortly after the ASBO was granted, both the complainers and the perpetrator (and family) moved away. The Council does not know where they are. This was arguably a successful outcome for the complainer in that it stopped the behaviour.’

5.27 A similar scenario was evident in the Edinburgh cases involving prostitutes: here the behaviour was reported to have been displaced. While the outcome of these cases was successful for the perpetrator’s immediate neighbours, the ASBO may have resulted in prostitution in non-residential areas, which is less safe for the street workers themselves. However, the Council was aware of these issues and was working closely with support agencies and the Police to help prostitutes with health and safety issues:

‘[In these cases] the ASBO is being used primarily as a mechanism for giving relief to local residents than necessarily providing support or help to the sex worker. The support available would have been offered whether or not an ASBO was being used.’

5.28 The problem with defining and measuring effectiveness is also true when examining cases where there has been no improvement in the behaviour. While in 31 cases, those interviewed felt that the Orders had had no positive impact on the ASB, it cannot be concluded that the ASBO is ineffective. The review has shown that action is being taken against ASBO breaches. Therefore, while the perpetrator’s behaviour may not have improved, the Order has furnished the LA and its partners with the ability to respond to the ASB.

5.29 It is also important to emphasise that recorded consultee views about ASBO impacts reflected the position at the time of the most recent research fieldwork. Whether the behaviour of perpetrators will improve at some point in the future is uncertain.

5.30 Finally, it is useful to make some mention of breaches with respect to ‘success’. In around one-third of breach cases where there has been an overall improvement in behaviour, these have been subject to further complaints or a breach. Breached ASBOs, therefore, do not necessarily imply no positive impact.

Table 5.8. Cases where subsequent complaints recorded: change of behaviour by incidence of complaint or alleged breach

Change in behaviour Number where complaint made Number where breach made Total number of cases Improvement in behaviour 7 6 21 Some improvement in behaviour 8 5 8 Terminated tenancy 6 5 17 Evicted 4 4 5 Behaviour displaced 2 2 2 No improvement in behaviour 30 25 31 Prison 2 2 2 Sectioned 1 1 1 Secure unit 1 1 1

Too early to say 1 Not applicable 7

Don't know 1 Not applicable 10

Total 63 51 105

Source: Case file review

5.31 Below are two examples of ASBOs which were initially breached, but which have ultimately resulted in a positive change of behaviour.

‘After the full ASBO was granted there was a request to extend the terms on ASBO due to complaints of further harassment. Now, in the longer term, the ASBO has worked. They [the perpetrator] are still in the same property and there is evidence that the behaviour has changed for the better. The situation now is that the ASB has stopped and neighbours appear to be happy for the ASBO to be revoked.’

‘The ASBO helped [the perpetrator] to address the issues she is facing. The jail visit [which was the sentence she received as a result of ASBO breach] made her realise that she needed to do something to change. As she was a victim of domestic violence, we were able to rehouse her and provide support through an SSST. During the period of the SSST, we will continue to monitor the tenancy, including neighbour complaints. Estate officers will visit, in addition, to support and to check how they are getting on. In this way, they can be proactive about any new emerging issues’.

5.32 As shown in this second case, the provision of support is an important component of ensuring longer term success. Therefore, while the ASBO is a tool for enforcement, support can assist in helping the household address problems relating to their ASB.

SUMMARY OF MAIN FINDINGS

ƒ Legal aid was granted in around one in ten cases across 2004/05 and 2005/06. While earlier surveys did not reveal legal aid application levels, the 2005/06 survey data reveals that legal aid applications were made in 29 per cent of all

ASBOs applied for (with around one-third of these leading to legal aid being granted). The case file review showed a number of cases where actions were initially defended only to be withdrawn due to refusal of legal aid.

ƒ Appeals to the court are rare. No appeals were notified in returns to the 2003/04 survey. The total number of appeals fell between 2004/05 and 2005/06 despite a rise in the overall number of Orders granted.

ƒ Over 2004/05 and 2005/06, the estimated proportion of ASBOs breached rose slightly across Scotland: from 26 per cent to 31 per cent. The breach rate across individual local authority areas varied between 0 per cent and 100 per cent in each of those two years.

ƒ It was found that further complaints were recorded in 60 per cent of cases. Where such complaints were made to the council rather than directly to the police, the matter was normally referred to the police to determine whether it should be investigated as a possible breach. This reflects the fact that such breach of ASBO is a criminal offence.

ƒ Breach of ASBO was taken seriously, by housing providers, by the police (who make the report to the Procurator Fiscal) and by the courts (who determine the sentence). In four of the 41 cases where information was available, breach of ASBO led to imprisonment.

ƒ The review found that in 27 per cent of cases, interviewees perceived an improvement in perpetrator behaviour following the Order being granted.

ƒ Over one-fifth of the cases considered resulted in either an eviction or the termination of a tenancy. In all of these cases, the original ASBO application had been triggered by ASB taking place either within or near the perpetrator’s own home.

ƒ Where the perpetrator was evicted from their tenancy, such instances certainly brought relief to the communities being affected by the ASB and, in this sense, the ASBO could be called ‘a success’. However, household movement can mean that the problems associated with the ASB are not being adequately addressed and may be displaced elsewhere.

ƒ In 29 per cent of cases examined, it was considered that there had been no marked improvement in perpetrator behaviour.

ƒ In around one-third of cases where there has been an overall improvement in behaviour, these had been subject to further complaints or a breach. Breached ASBOs therefore do not necessarily imply no positive impact.

ƒ The provision of support is an important component of ensuring longer term success, while an ASBO is tool of enforcement, support can assist in helping the individuals or household address problems relating to their ASB.

CHAPTER SIX – OTHER ENFORCEMENT MEASURES TO