Agenda item

The Director of Housing and Neighbourhood Services and the Safer Rotherham Partnership Co-ordinator reported that the Government was holding a consultation on reforming Anti-Social Behaviour Legislation, consolidating and simplifying various tools and powers including the removal of Anti-Social Behaviour Orders in England and Wales and replacing them with a range of measures to combat ASB.

The consultation period would end on 3^rd May, 2011.

The Coalition Government had announced plans to reform the enforcement and broader response “toolkit” available for tackling anti-social behaviour.  The consultation made it clear that ASBOs may go but they would be replaced with other tools some of which did not look very different from existing tools and powers.  However, the consultation did signal an intention to simplify and streamline along with a commitment to increase flexibility at the local level and reducing central prescription.

Local consultation had taken place centred around the existing multi-agency partnership which sat as the current ASBO Panel in Rotherham.

The document suggested that ASBOs and “other Court Orders introduced to deal with anti-social individuals” be abolished and replaced with the following tools:-

-        Criminal Behaviour Order – issued by Courts after conviction.  It would ban an individual from certain activities or places and require them to address their behaviour

-        Crime Prevention Injunction – designed to nip bad behaviour in the bud before it escalated

-        Community Protection Orders – place specific Orders bringing together a number of existing measures

-        Police ‘direction’ powers – provided the ability to direct any individual causing or likely to cause crime or disorder away from a particular place and to confiscate related items

-        Informal tools and out-of-Court disposals:-

o       Informal Tools – warning letters and Acceptable Behaviour Agreements

o       Restorative Justice

o       Out of Court Disposals – cautions, conditional cautions and penalty notices for disorder

-        Community Trigger – a proposal “to give people more power to shape the way the Police and other agencies respond to the issues that matter in their area”

The consultation also provided an insight to Government Policy in relation to the changes to the recording of ASB, the focus on identifying vulnerable victims, the commitment to introducing a cost effective national ‘101’ number and enabling communities to become involved.

Discussion ensued on Appendix 1 of the report setting out the proposed responses to the ASB Tools and Powers consultation with the following raised/clarified:-

-        Police “direction” powers – concern that a single Police Officer or PCSO could initiate the power.  It was felt that there should be some safeguards built into the process by having a officer of Inspector ranking or above initiating the power

-        Crime Prevention Injunctions were very similar to ABSOs.  Rotherham did not agree with the argument put forward that ASBOs had not worked and that its ASBO process, which relied heavily on the use of Acceptable Behaviour Contracts, had proved to be a positive and successful way of addressing the behaviour of young people

-        No mention of Parenting Contracts and the responsibility of parents

-        Concern regarding Crime Prevention Injunctions and the use of hearsay evidence but if a witness was willing to give a sworn statement then it should be used

-        Concern regarding the use of Volunteer Street Patrols – vigilantes?  There had to be training and vetting

-        The national pilot taking place was with regard to case management of ASB

-        It was understood that there would be a national 101 telephone number.  The discussion locally was the extent to what would go to that number

Resolved:- (1)  That the response incorporate the following issues:-

o       The responsibility of parents

o       Continuation of Acceptable Behaviour Contracts and the avoidance, if possible, of taking young people to Court if it could be dealt with in a different way

o       Support of witnesses and individuals prepared to come forward and give evidence

o       Role of community people and volunteers in their roles as specials

o       Concern regarding vigilantes

(2)  That the results of the national pilot be submitted to the Panel in due course.