Source · Select Committees · Human Rights (Joint Committee)
Recommendation 2
2
Accepted
The broad definition of anti-social behaviour encompasses a wide range of unacceptable behaviour.
Conclusion
The broad definition of anti-social behaviour encompasses a wide range of unacceptable behaviour. While it may be well-established and understood by some authorities, its breadth and subjectivity allows for inconsistency in its application and risks sweeping up less serious matters along with behaviour that demands a legal response. This can disproportionately affect vulnerable groups and result in measures being taken that interfere with human rights to an unjustified extent. It is therefore particularly important that measures taken to combat anti-social behaviour contain effective safeguards against their disproportionate use. (Conclusion, Paragraph 26)
Government Response Summary
The government defends the broadness and flexibility of ASB powers as necessary, stating that existing legal tests, statutory guidance, and new risk assessment requirements provide sufficient safeguards against disproportionate use and impacts on vulnerable groups.
Government Response
Accepted
HM Government
Accepted
ASB can take many forms and can vary considerably depending on the context and locality in which it occurs. The powers in the 2014 Act are designed to deal with a wide range of ASB which is why they are broad and flexible. The need for adaptable legal tests is supported by the Victims’ Commissioner’s recent report “Still living a nightmare: Understanding the experiences of victims of anti-social behaviour”, which highlight the importance of protecting victims from the diverse, evolving and often-overlooked nature of ASB. The flexibility of the powers reflects the varied and insidious nature of ASB and is essential to protect victims. It is important to note that the various powers in the 2014 Act (in addition to the Respect Order) are designed to deal with different types of ASB and therefore have distinct legal tests which must be met before the relevant power can be applied. For each power, the available sanctions are proportionate to the harm that the ASB causes or is likely to cause. The ASB powers are not designed to target those from vulnerable groups, and applicants for Respect Orders, Youth Injunctions and Housing Injunctions will be required to complete a risk assessment prior to the application, which will include an assessment of both the victims’ and the respondent’s contextual vulnerabilities. As indicated above, the statutory guidance accompanying the 2014 Act powers makes clear that other forms of informal intervention should be considered prior to use of formal powers. For all the ASB powers, there are clear legal tests that must be met, and routes of appeal are available to those who believe powers have been incorrectly applied.