Source · Select Committees · Human Rights (Joint Committee)
Recommendation 4
4
Acknowledged
Particularly given the emphasis witnesses placed on anti-social behaviour largely being carried out by adults,...
Conclusion
Particularly given the emphasis witnesses placed on anti-social behaviour largely being carried out by adults, we welcome the decision to exclude children from the scope of respect orders. However, the youth injunction 55 targeted at under 18s would simply replicate the existing regime. It is unclear whether this would effectively tackle anti-social behaviour and do enough to respect the rights of children. (Conclusion, Paragraph 48)
Government Response Summary
The government welcomes the Committee's support for limiting Respect Orders to adults, and defends the existing Youth Injunctions as important and necessary, noting they are not novel but will introduce a new requirement for a risk assessment prior to application.
Government Response
Acknowledged
HM Government
Acknowledged
We welcome the Committee’s support for limiting the application of Respect Orders to adults. As the report notes, it is important to recognise that the Youth Injunction is not a novel measure but rather retains the existing Civil Injunction for those under 18. While there are significant checks and balances in place, and agencies often only deploy injunctions for under 18s as a last resort, there are sadly some cases in which the behaviour of offenders under 18 requires a more formal deterrent and intervention. The Youth Injunction therefore remains an important and necessary tool in effectively tackling severe ASB for a small proportion of younger offenders, ensuring both their rights, and the safety of the community are upheld. Issuing an injunction to an under 18 is a serious matter, and the legislation and statutory guidance contain multiple safeguards to ensure proportionate and effective use. For example, the statutory guidance accompanying the 2014 Act powers advises agencies to consider use of early and informal interventions before proceeding to use of formal powers. It is also important to note that breach of a Youth Injunction is not a criminal offence. The legislation requires that the local Youth Offending Teams and other relevant bodies or individuals are consulted prior to an application being made, to allow for consideration of all relevant contextual factors, such as past offending, mental health, family problems, etc. Furthermore, the Youth Injunction will introduce a requirement for a risk assessment to be completed prior to application. This will ensure that applications take into account contextual vulnerabilities, and relevant agencies take a joined-up multi-agency approach.