107 Fig 4.16 Vista aérea del parque Gas Works.

6.3 While it has no legal enforcement, the term Acceptable Behaviour Contract (ABC) is defined in the research literature as ‘a written agreement between a person who has been involved in antisocial behaviour and one or more local agencies whose role it is to prevent such behaviour’24. Given the absence of legal force, some LAs and housing associations prefer to use the term Acceptable Behaviour Agreement (ABA). While recognising this logic, the conventional terminology is used in this chapter for the sake of convenience.

6.4 An ABC is typically drawn up by a LA or housing association in consultation with the individual concerned. The document specifies antisocial acts that the person has perpetrated and which they agree to desist from in future. The contract may also state the potential consequences of breach, which can, in some cases, include an application for an ASBO or Possession Order. Official guidance suggests that ABCs should also stipulate the support the individual can expect from the agencies involved (see para 50 in: Scottish Executive (2004) Guidance on the Use of Antisocial Behaviour Orders http://www.scotland.gov.uk/Resource/Doc/26350/0025277.pdf). In that they involve ASB perpetrators facing up to their misconduct and its effect on others, ABCs have been classed as a form of restorative justice25.

6.5 ABCs are being used increasingly by LAs and RSLs in Scotland. As shown in Figure 6.1, the numbers of ABCs negotiated has been rising more quickly than the number of ASBOs sought from the courts. By 2005/06, the use of ABCs was recorded in 27 of the 32 LAs, as well as by 14 RSLs. As shown in Table 6.1, however, the scale of their use varies substantially between authorities. It should be noted that the

24

Bullock, K. and Jones, B. (2004) Acceptable Behaviour Contracts: Addressing anti-social behaviour in the London Borough of Islington, London: Home Office

http://www.crimereduction.gov.uk/antisocialbehaviour/antisocialbehaviour32.htm

25

Rubin, J., Rabinovich, L., Hallsworth, M. and Nason, E. (2006) Interventions to Reduce Anti-social Behaviour and Crime: A review of effectiveness and costs; London: National Audit Office

apparently low figure for Glasgow may, in part, reflect the Council’s post-2003 ‘non- landlord status’ and does not include any ABCs negotiated by Glasgow Housing Association.

Figure 6.1 - Trend in Use of ABCs and ASBOs Compared

0 100 200 300 400 500 600 2003/04 2004/05 2005/06

Number of ASBO applications/ABCs set up annually

ABCs set up ASBO applications

Source: Annual LA and RSL surveys undertaken as part of this research.

Table 6.1. Use of Acceptable Behaviour Contracts by LAs in 2005/06

Local Authority No of ABCs

drawn up in 2005/06

Aberdeen City 4

Aberdeenshire 26

Angus 25

Argyll & Bute 5

Clackmannanshire 1

Dumfries & Galloway 13

Dundee City 8 East Ayrshire 43 East Renfrewshire 16 Edinburgh 95 Eilean Siar 1 Falkirk 83 Glasgow City 2 Highland 22 Inverclyde 9 Midlothian 24 Moray 10 North Ayrshire 1 North Lanarkshire 40 Orkney 2

Perth & Kinross 2

Renfrewshire 20 Shetland 8 South Ayrshire 3 South Lanarkshire 37 West Dunbartonshire 1 West Lothian 1 Scotland 502

Source: 2005/06 national survey

Note 1:East Dunbartonshire, East Lothian, Fife, Scottish Borders and Stirling are omitted from this table since they did not report having drawn up any ABCs in 2005/06.

Note 2: This table shows ABC activity in local authorities only due to incomplete data from RSLs. 6.6 ABCs are usually seen as a device that is particularly appropriate to young people. The 2005/06 national survey showed that around three-quarters of ABCs set up by LAs and RSLs in 2005/06 were for persons aged 21 and under (see Figure 6.2). Almost half (47 per cent) related to young people aged under 16. At the same time, it appears that LAs and RSLs may be tending to widen the use of ABCs away from young people who are still to form households of their own. Figure 6.3 suggests a growing proportion of contracts are being set up with existing council (or RSL) tenants.

Figure 6.2 - ABCs Set up in 2005/06: Perpetrator Age Breakdown

Under 16

16-21

Over 21 Source: This research

Figure 6.3 - ABCs Negiotiated in 2004/05 and 2005/06: Breakdown by Perpetrator's Tenure 46 65 41 25 13 10 0% 20% 40% 60% 80% 100% 2005/06 2004/05

Living with parents

Own tenancy in social rented sector

Other

Source: This research.

6.6 ABCs appear to be a relatively effective device when measured by the proportion of agreements where the terms are honoured by perpetrators. Almost three- quarters of ABCs enacted in 2004/05 (72 per cent) were reported as having been honoured by subjects for at least 12 months. This might be seen as surprising, given that breach of ABC carries no legal sanction. By the same token, however, ABCs – as voluntary agreements – are perhaps more likely to be entered into if there is a willingness at the outset to comply. Another potentially relevant factor is that, in some cases, refusal to sign an ABC or breach of its terms can lead to the imposition of an ASBO.

6.7 As noted above, ABCs are sometimes described as a precursor to ASBO action. ASBO application may be specified in an ABC as a possible consequence, should the subject breach the terms of the agreement. However, as shown in Table 6.2, below, a staged process moving from ABC to ASBO appears to be fairly unusual. In only 11 of the 97 cases covered by this analysis was it clear from the case file that an ABC had been used prior to the ASBO being sought. This confirms the national

survey finding that of the 251 cases where ASBOs were granted to LAs in 2005/06, in only 14 instances had LAs previously or concurrently negotiated an ABC.

Table 6.2. ASBO cases in case study LAs (97) - other measures used prior to or alongside ASBO application

Measure used Total no

Warning letters (prior to ASBO application) 95

Visits/interviews by housing or Police 75

Mediation 14

ABC 11

Offer of support 46

Police action (seizure of equipment, warnings, criminal proceedings, exclusion order, bail conditions) 17

Repossession proceedings 18

Prior ASBO 3

Conversion to SSST 4

Source: Case file review

6.8 The general conclusion from this analysis appears to be that there is little connection between the use of ABCs and ASBOs. This is partly because a large proportion of ABCs are used for young people aged under 16: a group very rarely subject to ASBOs (see Chapter 3). It also probably reflects the fact that ABCs are seen as an appropriate response to misconduct less serious than the threshold usually seen as appropriate for ASBO application.

6.9 While it is not an ‘enforcement style’ response to ASB, it is also worth mentioning that mediation is rarely seen as an appropriate response to ASB cases that trigger ASBOs. In only 22 of the 251 cases where ASBOs were granted to LAs in 2005/06 had mediation been previously attempted. This probably reflects the commonly held view among social landlord staff that cases involving ASB serious enough to warrant ASBO application are usually above the threshold for mediation (which is primarily valuable for lower level neighbour disputes where there is no pre- eminent ‘aggressor’).