Anti-Social Behaviour Policy - Assignment Example

Running Head: Anti-social Behaviour: How Well Does Oxford's Policy Succeed Anti-social Behaviour: How Well Does Oxford's Policy Succeed (Student) (Instructor) (Course) Anti-social Behaviour: How Well Does Oxford's Policy Succeed The Oxford City Council has issued a Tenants Handbook based on their Anti-Social Behaviour Policy which sets out the process to be followed in the event a tenant feels threatened by abusive or offensive behaviour. When tenants move into Council housing, they are required to sign a Tenancy Agreement which states, under Tenants Responsibilities, that "they, members of their household, or visitors must not in any way cause nuisance or intimidate any other tenants or neighbours including other members of their household or visitors" (Anti-social Behaviour, 2005). This agreement gives the Council the right to act on a complaint by a tenant that he or she has experienced anti-social behaviour. The full text of the Oxford City Council Anti-social Behaviour Policy is available online and goes into far more detail than the Tenants Handbook. This paper will analyse the policy in an effort to determine its effectiveness. The question becomes whether a tenant can receive more assistance by following the text of the Policy or whether the Handbook basically reflects the content of the Policy. In an effort to reduce anti-social behaviour (ASB) across the City, Oxford's Policy 2005 has recently been published. In addition to its own methods of identifying problems, it shows the partnership arrangements established with "other statutory bodies, voluntary organisations and Registered Social Landlords to ensure residents can live in their homes in quiet enjoyment" (Policy: Introduction, par. 1). The Housing Service deals with cases of ASB through the Business Unit, and the Policy describes the process in conjunction with the Oxford City Crime and Disorder Reduction Strategy (2002-2005) and the Procedure notes on anti-social behaviour. The Government's legal definition of anti-social behaviour follows the Crime and Disorder Act 1998 and covers graffiti, abusive and intimidating language, excessive noise, fouling the streets with litter, drunken behaviour in the streets and dealing drugs (A Guide to Anti-Social Behaviour Orders, p. 7). According to the Policy, the Oxford Business Unit will formally investigate all complaints with reasonable speed and respond appropriately with advice, conciliation and support, and it will institute legal action, if necessary. When a situation directly impacts the housing management function or constitutes unlawful behaviour, it can be considered ASB. Matters that indirectly affect the housing management might be social care, housing support, environmental health and refuse collection. The behaviour may or may not constitute criminal activity. The Business Unit will make its determination of ASB based on the impact of the behaviour on others. In addition to following the Crime and Disorder Act 1998, the Policy includes statutory obligations such as the Anti-Social Behaviour Act 2003, Best Value and Government Act 1999, Race Relations Amendment Act 2000, Human Rights Act 1998, Homelessness Act 2002, Data Protection Act 1998, Housing Acts 1985 and 1996, Environmental Protection Act 1990 and the Statutory Nuisance Act 1993, and the Disability Discrimination Act 1995 (section 2). Oxford City Council's Housing Service works in partnership with the Crime and Nuisance Action Team (CANAcT), the Community Safety Team, Environmental Health, and other agencies such as Police, Citizens Advice Bureau and Mediation in Action. CANAcT has been set up to tackle the worst anti-social behaviour, and the Community Warden Scheme operates in several locations across the district. Meetings are held monthly with Police and other partners to investigate the most serious cases and determine whether Anti-Social Behaviour Orders are necessary. The Policy offers preventive measures such as floating support for temporary tenants who have trouble maintaining a tenancy, housing advice, mediation service and acceptable behaviour contracts. An acceptable behaviour contract, usually offered to young people, is a voluntary written agreement between person involved in anti-social behaviour with one or more local agencies. This could lead to an Anti-social Behaviour Order or Possession Order if breached. Links to Hogwood & Gunn The effectiveness of any policy is determined by how it meets the criteria for success, and the implementation of a successful ASB policy depends on its conceptual framework. Social research and analysis are utilised to find the best approach (Palmer, n.d.). According to Hogwood & Gunn (1984), policy structuring is paramount in policy analysis. Before setting up a policy, it is necessary to offer a clear procedure to follow. Can a model of a policy exist It is evident that the definition of "policy" is almost impossible to determine. Hogwood and Gunn discuss several common uses of the word policy, all of which require a different approach. Their 10-point model as applied to the Oxford policy indicates weaknesses which might keep it from being its most effective. 1. External constraints or obstacles: A possible constraint in the Oxford policy is the use of the Crime and Disorder Act 1998 to define anti-social behaviour. Anti-social behaviour, according to the Act, has been defined as "acting in a manner that causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household [my emphasis] as themselves" (Anti-social Behaviour Policy 2005, p. 4). In other words, a person in a particular household cannot be accused by members of the same household of anti-social behaviour. It is perhaps just as important to consider the identity of the perpetrator as it is to follow the complaint procedure because a member of one's immediate family might be acting inappropriately. Under the Crime and Disorder Act, as it stands, there would be no recourse in such an event. Another area not sufficiently covered is in the area of child safety. In 1997 the Children and Young Persons Safety Initiative known as the Hamilton Curfew was launched in an effort to keep children safe. Statistics show that the initiative reduced juvenile crime and crime in general. A survey showed that "87% of parents of returned children supported the scheme" (George, 2002). Although the Government has promised child curfews, none have been successfully established. This option is open to Oxford but it is not mentioned in the paragraph describing the Community Safety Team. 2. Time and sufficient resources: The procedure against a neighbour exhibiting anti-social behaviour is not clear-cut. A "reasonable and proportionate response to the anti-social behaviour in question" is a phrase that is open for interpretation, and although the Policy mentions a time scale, no specifics are given except "all reasonable speed" (Oxford policy, p. 2). The first effort should be to stop the anti-social behaviour, and with the various procedures necessary, this is not likely to happen within a reasonable amount of time. 3. Availability of resources at each stage of the implementation process: The Business Unit handles anti-social behaviour problems, with the local area Housing or Estate Manager initiating the procedure, followed by the Anti-Social Behaviour Operations Manager, in addition to interaction with the Police and legal action as a last resort. The Community Safety Partnership itself includes several agencies (Oxford policy, pp. 12-14). The high number of agencies involved would preclude any quick resolution or easy availability of resources. 4. Valid theory of cause and effect: The Oxford City Council has created a 24-page policy document that offers platitudes throughout. These are not followed up with specific suggestions for resolution. The Policy offers information on various agencies that might be involved and makes promises to take action but has little to say about how action will be taken. 5. The number of variables involved: The first step in making a complaint of anti-social behaviour is to identify the perpetrator, and then to define the behaviour. Eighteen possible definitions of what constitutes anti-social behaviour are listed in the Policy (Oxford policy, p. 5), with each definition requiring a different resolution. Abuse, violence, assault, using and selling drugs, alcohol or solvent abuse, prostitution and storing stolen goods could all be included under criminal behaviour. Harassment, threat of damage to property and intimidating gatherings of young people could all be contained within harassment. Cycling, skateboarding, riding motorbikes or mopeds, barking dogs and pet nuisance could be listed under noise. Unkempt gardens and rubbish dumping could be combined as an environmental issue. That leaves nuisance due to business use and inconsiderate parking to be combined under nuisance. Instead of 18 definitions, there would be five. Also, ten different Acts are listed under statutory obligations, each of which covers a different area of concern. 6. The number of agencies involved: Coordination between different agencies is necessary to offer tenants an opportunity to resolve anti-social problems whilst receiving fair and equitable treatment and not infringing on the rights of the accused. However, in Oxford's policy, six agencies are trying to implement a successful policy. Each focuses on a different offence which can only lead to confusion and even chaos. For instance, if a tenant is accused of anti-social behaviour, determining which category defines it could lead to differing opinions, for instance, would a young person defiling a lawn with trash be considered an environmental health risk under rubbish dumping, damage to property, attracting vermin, or would it be considered a Crime and Nuisance Action If the person is Black, could race relations be an issue If the person is abusing alcohol, would that come under the Police 7. Understanding and agreement of policy objectives: Again, having too many agencies involved in trying to reduce anti-social behaviour is a losing proposition. With one agency concerned with drug and alcohol problems; another with police issues; another with primary care situations; still another with probation services, conflicts will occur (Oxford policy, pp. 14-15). Add to that central government and county issues as well as social services, youth workers, schools and those involved in environmental issues, all trying to reach a workable conclusion, and the resolution of an anti-social behaviour complaint is extremely difficult. For the more difficult behaviour issues, CANacT works to reduce some of the worst anti-social behaviour on housing estates. 8. The ability to specify (comprehensively) the tasks to be completed: The Oxford City Council Policy does not offer a sufficient number of specifics to make the document effective. The Tenants Handbook defines the procedure to be followed, but as noted earlier (SEE p. 2) the order of procedure creates conflicting actions. 9. Is there perfect communication and coordination: The Oxford City Council Policy is far from perfect. A workable process style should move from one area to the next, exhibiting strategic behaviour within an organisational framework, resulting in an acceptable solution (Mayer, p. 13). Oxford process style is not equally presented from one step to the next. There is far more information on prevention and the various acts that could be considered anti-social behaviour than on any other area. There is very little specific information on the options available to someone being targeted by anti-social behaviour. Training to be sure staff is equipped with necessary skills is mentioned, but no details of the training are given. Offenders do have the option to sign a written statement called an Acceptable Behaviour Contract, but if they breach the contract no action is taken. 10. Those in authority can demand obedience at any point in the administrative system within internal and external agencies. Although Oxford City Council's Policy presents a detailed analysis of the problems encountered in anti-abusive behaviour, implementation is not clear-cut. It is quite possible that a social services organization might be in conflict with a government agency or the Police, and the final outcome considered inappropriate by one agency or another. Another area of contention might be the lack of protection for people with special needs. Eviction might lead to begging which is a criminal offence. With the Government determined to make a stand against anti-social behaviour, the offences that lead to an ASBO need to be strategically determined so that the wrong people are not targeted (Baxter 2003). Conflicts Within the Oxford Anti-social Policy The Oxford policy at present lacks protection against homelessness for young people, vulnerable people and those with special needs, regardless of the policy's assurance that these people will be protected. The Homelessness Act 2002 widened the categories of clients who can be defined as "ineligible for housing" (BroadwayLondon 2004, p. 5). It also made the City Council "responsible for producing a 'homelessness' strategy" (Homelessness Strategy 2003-2008, par. 1). A Task Force has been created to commission and endorse a strategic framework to tackle homelessness in Oxford. The Task Force is a multi-agency group, formed to work together on a policy that will have a wide-reaching affect. According to the Homelessness Strategy, the three main reasons for homelessness are: Exclusions by family or friends Relationship breakdown Loss of private rented accommodation The figure is expected to increase following the extension of priority need to the following groups: Homeless 16 and 17 year-olds Care leavers aged 18 to 20 who are vulnerable because of time spent in care (other than those owed a duty by social services) People who have left the armed forces, prison or custody People who are vulnerable because of violence Homelessness Strategy 2003-2008, p. 7 The Serious Organised Crime and Police Act 2005 conflicts with the Homelessness Act 2002 through changes that increase the "relative agencies" allowed to apply for ASBOs. These agencies can vary or discharge an ASBO, with proof of an original order no longer necessary in court (Serious, 2005). Both Acts conflict with the Crime and Disorder Act 1998 utilised in the policies of several communities in the UK, including Oxford (Anti-social Behavior/Escalation, Devon & Cornwall 2003; Housing, Portsmouth 2004; Brighton & Hove, 2004). According to Asbo Concern (30 March 2006), British government figures indicate that a record number of ASBOs have been imposed in the last year, but studies show that they are being used inappropriately and that they are not effective. Children, especially those with a diagnosed mental disorder, are being unreasonably targeted. Approximately 1100 cases have occurred since ASBOs were introduced in 1998. Asbo Concern considers a full and independent view of their use is due. In Manchester, considered the capital of the ASBO industry, more than one in seven ASBOs have been imposed in the city. The government has extended the scope of ASBOs with the result that tenants with support needs do not have protection against being served with an Order (Baxter 2003). BroadwayLondon's 2004 Fact Sheet states there is no simple definition for anti-social behaviour. The definitions are either varied or all encompassing. According to their Fact Sheet, the Prime Minister's website offers a broad definition: "Anti-social behaviour affects different people in different ways." In other words, the term is defined by the person experiencing it, and this could be as simple as "noise pollution and abandoned cars" (BroadwayLondon, 2004, par. 1). The conclusion in this essay is the need for partnership and compromise in determining the best way to approach the problem of anti-social behaviour, not just in Oxford, but also throughout the United Kingdom. If compromise and consultation helps find a solution that applies to everyone, why not accept it The problem of anti-social behaviour goes beyond any one country; it extends throughout the world. We live in a global society. The sooner this is realised, the sooner the problem can be addressed realistically. The Oxford City Council would do well to consider appointing a Task Force to look over their anti-social behaviour policy and at least join in consultation with the Homelessness Task Force, if not with other communities, to create a specific, strategic policy that addresses the problems as set forth in Hogwood & Gunn. References 'Anti-social Behaviour. 2005. The Oxford City Council Internet Tenancy Book. (A-Z) Available from: http://tenantshandbook.oxford.gov.uk/oxfordtenancy/index.htm [15 April 2006] Anti-social Behaviour Orders (ASBO). 2005. Together: Tackling Anti-social Behaviour. Available from: http://www.together.gov.uk/category.aspc=64 Anti-social Behaviour Policy. 2005. Oxford City Council. Available for download from: http://www.oxford.gov.uk/search/index.cfm/res/148022/page/2 [16 April 2006] Anti-social Behaviour Policy and Escalation Process. 2003. Devon & Cornwall Constabulary. Available from: http://www.devon-cornwall.police.uk/v3/crime/antisoc/policy/index.htm [17 April 2006] Asbo Concern: Latest. 30 March 2006. Available from: http://www.asboconcern.org.uk/ [17 March 2006] Baxter, Sue. 'The dangers of anti-social behaviour'. Updated 17 September 2003. SITRA. Available from: http://www.sitra.org.uk/index.phpid=460 [15 April 2006] Brighton & Hove Anti-Social Policies and Procedures. 2004. Available from: http://www.brighton-hove.gov.uk/downloads/bhcc/housing/council_housing/ASBstatementsummary-web.pdf [17 April 2006] George, Marcus. 2002. 'What happened to last year's big idea' BBC News, 13 November 2002. Available from: http://news.bbc.co.uk/1/hi/uk/2454205.stm [27 April 2006] Guide to Anti-Social Behaviour Orders and Acceptable Behaviour Contracts. n.d. Available from: http://www.crimereduction.gov.uk/asbos9.pdf [27 April 2006] Hogwood, B. and Gunn, L. 1984. Policy Analysis for the Real World, Oxford University Press, Oxford. BroadwayLondon. 2004. Homelessness and Anti-Social Behaviour Fact Sheet. Available from: http://www.broadwaylondon.org/broadwayvoice/policy/anti__social_behaviour.pdf [17 April 2006] Homelessness Strategy for Oxford 2003-2008. 2003. Available from: http://www.oxford.gov.uk/files/seealsodocs/1615/147.pdf pp. 1-9. [16 April 2006] Housing : Anti-social Behaviour Policy. 2004. Portsmouth City Council. Available from: http://www.portsmouth.gov.uk/media/HHSC_asbu_policy-dec04.pdf [15 April 2006] Mayer, I.S., van Daalen, C.E. & Bots, P.W.G. 2004. Perspectives on policy analyses: a framework for understanding and design. International Journal of Technology, Policy and Management, Vol. 4, No. 2, pp. 1-23. Available from: http://cps.q42.net/data/files/journals/Perspectives_JTPM.pdf [15 April 2006] Palmer, Brian. n.d. 'What is Policy' Available from: http://www.ozpolitics.info/theories/policy.htm [16 April 2006] Serious Organised Crime and Policing Act 2005. Together: Tackling Anti-social Behaviour. Available from: http://www.together.gov.uk/article.aspc=64&aid=3387 [17 April 2006] Read More