1.5.2 Anti-Social Behaviour Orders |
Contents
- Introduction
- Referrals for ASBO’s
- Referrals Concerning Children
- Referrals Concerning Looked After Children
1. Introduction
Anti-social behaviour orders (ASBO’s) are civil orders that exist to protect the public from behaviour that causes or is likely to cause harassment, alarm or distress. An ASBO contains conditions prohibiting the offender from specific anti-social acts or entering defined areas and is effective for a minimum of two years.
The description of anti-social behaviour within the legislation is very broad and encompasses amongst other things:
- Harassment
- Verbal Abuse
- Criminal Damage
- Vandalism
- Noise Nuisance
- Graffiti
- Racial Abuse
- Substance Misuse
- Assault
- Prostitution
There is a two-stage test that has to be fulfilled for an ASBO to be obtained:
- The defendant behaved in an anti-social manner; and
- An order is necessary for the protection of persons from further anti-social behaviour by the defendant.
The standard of proof applied to an ASBO application is the same as the criminal standard, i.e. beyond reasonable doubt. Breach of an ASBO is an imprisonable offence.
The orders are not criminal penalties and are not intended to punish the offenders.
2. Referrals for ASBO’s
Within Enfield, the lead staff overseeing ASBO’s and Acceptable Behaviour Contracts are based within the Community Safety Unit (CSU) (see Contact Details Appendix). Referrals can be made from any council service or from the Police.
On receipt of a referral, staff from CSU will first check their various databases in order to ascertain which agencies are linked in to, or have knowledge of the referred individual or household.
Decisions about ASBO’s are made at ASBO meetings, which are high profile multi-agency meetings. There is a statutory responsibility on all agencies attending to share all relevant information that will assist in the making of an appropriate decision. In this sense the meetings are similar to Child Protection Conferences or MAPPA meetings. Minutes of the meetings can be used to support evidence that will be presented in court.
3. Referrals Concerning Children
Where the referral indicates concerns about children, then an invitation will be sent through to Children’s Services to attend the ASBO meeting.
The referral will be made to the Head of Children in Need who will then arrange for checks to be made which will determine the appropriate representation from Children’s Services at the meeting. The following will be applied in making this decision:
- Where the child/family are known, then the meeting should be attended by the manager of the child’s social worker;
- Where the child/family are not open to the service but there has been previous involvement, a decision will be made about the most appropriate manager to attend;
- Where the child/family are not known, a Deputy Manager from the Referral and Assessment Team will attend.
4. Referrals Concerning Looked After Children
Before a decision is made to apply for an ASBO in respect of a Looked After Child, the child’s social worker should ascertain the wishes and feelings of the child, the parents, any other person with Parental Responsibility, and any person whose wishes and feelings are considered relevant.
The allocated worker will provide a report on the above to be submitted to the ASBO meeting by his or her manager (who will attend). The report should be considered as being a report on behalf of the child. The report should address the Welfare Checklist and the following:
- Action taken and to be taken to curb the anti-social behaviour;
- Warnings, verbal and written, given to the child;
- Anti-social behaviour carried out since these warnings;
- Cooperation by person/s with parental responsibility;
- Other relevant information;
- Are any other orders controlling the child’s behaviour currently in force?
The report should be considered prior to a decision being made as to whether to pursue an application.
The allocated social worker should not take part in these deliberations so as to avoid any possible conflict of interest and also so that the relationship with the child is not undermined or jeopardised.
If following consideration of the report, it is decided to pursue an application, all parties, including all those who hold parental responsibility, should be informed in writing. This will be done by the CSU - and not the child’s social worker or manager.
Should the Court require it, representatives of Children’s Services, e.g. the allocated social worker, previously allocated workers, the manager and previous managers will assist and be witnesses at Court for the respondent child. A Court cannot make an ASBO in respect of a Looked After Child if there has been no one to speak on their behalf.
The child’s social worker should discuss with their manager and Legal Services as to any requirement that the social worker may have in respect of legal representation at the hearing. Social workers are entitled to legal representation at such hearings.
The local authority solicitor with responsibility for the ASBO application should not attend meetings with the child’s solicitor and Children’s Services’ representatives.
Once a decision to make an application has been reached, there should be no contact between the relevant officers of the ASBO team and Children’s Services on the matter without the child’s solicitor being informed and consenting in writing. A copy of this should be placed on the file.
Additional procedures in respect of interim orders are as follows:
- An interim order should not be granted without notice and/or where no one is present from Children’s Services.
- It should have regard to any Intensive Supervision and Surveillance Programme or curfew currently in force in respect of the child.
- It should not include negative prohibitions that amount to mandatory orders to do something specific.
Copies of all documentation should be filed in the child’s file.
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