The Scottish Government

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Housing and Anti-Social Behaviour: The Way Ahead

MONITORING AND EVALUATION

Statistics

• The Scottish Affairs Committee 1996 report recommended that local authorities should be encouraged to improve their record keeping of neighbour complaints and Scottish Office Circular 16 enforces this message. The Committee also recommended that The Scottish Office and Scottish Homes should include statistics on complaints, legal actions and evictions in their statistical returns.
• Detailed information is not readily available in respect of eviction decrees issued by the courts, either on a global basis or broken down into categories of breach. Figures are available from 1998-99 in respect of actual evictions from tenancies with housing associations and co-operatives registered with Scottish Homes. We are currently considering, with local authorities, whether information about eviction actions, and actual evictions, in respect of council tenants should in future be collected centrally. Any such arrangements, if agreed, will apply from 1 April 2000.

ASBOS/Extended Grounds for eviction

• In October, we commissioned the CIH to undertake a monitoring exercise on the use of the new eviction grounds and Anti-social Behaviour Orders (ASBOs). Results are expected in March 2000.

Dundee Families Project

• A very innovative approach to dealing with problem families has been adopted by Dundee City Council and has been the subject of much interest. The approach is supportive rather than coercive and has much to commend it as a way to deal with problem families in a way that is conducive to social inclusion.
• The Project, the first of its kind in Britain, was set up in 1996 in recognition that families and their children who had been, or were at risk of eviction needed support, if the cycle of homelessness and anti-social behaviour was to be broken. The Project works in partnership with service-users and Dundee City Council's Housing and Social Work Departments.
• The Project provides intervention and support to families who are Dundee City Council tenants and are at risk of losing their tenancy because of concerns about anti-social behaviour, or indeed families who are homeless, having been evicted by the Council for anti-social behaviour.
• Prior to the setting up of Dundee Families Project, there was clear disagreement between the Housing and Social Work Departments over the action to be taken when anti-social families were encountered. Major costs were being incurred by the Social Work Department when the children of homeless and dysfunctional families required intensive resource input. The Housing Department was increasingly under pressure to re-house families who displayed behavioural difficulties, but little or no support was available to enable them to sustain their tenancies. It was recognised that these arrangements were not beneficial to children or their families. An approach was made to NCH Action For Children to develop and manage an Urban Aid funded Project which could offer an alternative form of support. NCH Action for Children's locus was to tackle social exclusion through prevention of the recurrence of homelessness due to anti-social behaviour and improve the quality of life for vulnerable children, young people and adults.
• The Project aims to respond flexibly to the needs of families in crisis due to anti-social behaviour. A range of support services are offered to families providing them with the opportunity for growth and change to enable them to sustain a tenancy in mainstream housing and in the process, encourage stability in local communities. By valuing and building on the strengths families have, the Project works in partnership, to ensure that the needs of their children are met, thereby enhancing their life opportunities and experiences. There is a clear expectation that the families are willing to confront the consequences of their anti-social behaviour and can demonstrate a commitment to change. Full commitment and participation from families is essential if their goals are to be successfully achieved.
• Since it opened in November 1996 the Project has worked directly with over 60 families. It receives referrals from its partner agencies - the Housing and Social Work Departments of Dundee City Council. Families can also refer themselves. A clear pattern of anti-social concerns can be identified from referrals, including alcohol and drug dependencies and the unacceptable behaviour of young people.
• Many of the families also include children or young people who are, or have been, looked after by the local authority and Project accommodation is central to rehabilitation plans in these cases. So far, all of the families worked with have required involvement from the Partner agencies at the point at which they have been referred. This would indicate that the Project is working with some of the most vulnerable families in Dundee.

The Project recognises that no one agency alone can address the often complex needs of families who experience chaotic lifestyles. Multi-disciplinary working, involving, e.g., the Health, Education and Criminal Justice service is a key element to the operational success of the Project. The multi-disciplinary approach is further reflected in the wide range of professional skills and experience within the staff team

There are three key aspects to the services offered. The type of service offered depends on housing circumstances and the level of support required. As many of the families have deep-rooted difficulties and entrenched behaviour, work is very often long-term. Decisions about admission to the residential accommodation are made by an admission panel, which comprises senior staff of NCH Action for Children, Housing and Social Work who meet every 6 weeks.

There are 3 flats for families which are self-contained and furnished. The service provided within this accommodation is intensive and on a 24 hour basis. The average length of stay in the core accommodation is seven months. To date, seven families have benefited from this service, all of whom had previously been refused mainstream housing because of their anti-social behaviour.

The Project also provides an outreach preventative service. This is an early intervention service designed to minimise the effects of anti-social behaviour on family life and the wider community. Following the identification of issues, referrals can be made to access services offered by the Project. Services can be offered both within the family's own home and the Project base to support and assist the family, with the aim of preventing tenancy breakdown and subsequent homelessness. Close liaison between local Housing and Project staff is required for preventative intervention to be successful. The increase in demand for this service has been significant, as families who had been close to eviction have, with Project support, successfully changed their behaviour. To date, the Project has successfully worked with over 40 families who were at risk of eviction. All of the evictions were stopped and the families have remained in their own homes.

In partnership with Project staff, families who choose to work with the Project agree a comprehensive Care Plan which details the intervention and support offered on an individual, family and groupwork basis. The plans are regularly reviewed and amended to take account of progress. Common issues addressed in individual Care Plan sessions include the development of positive parenting skills, and managing behaviour.

• An evaluation of the Dundee Families Project is currently being carried out by the Department of Social Policy and Social Work and the Department of Urban Studies at Glasgow University. The study will evaluate the effectiveness of the project and identify features which have contributed to identified areas of success, in order to inform the development of similar initiatives elsewhere.

Court Delays

The Scottish Executive has also commissioned a study on behalf of the Scottish Courts Administration into the legal process, to identify possible delays in dealing with anti-social behaviour cases. This was in response to criticisms made to the Scottish Affairs Committee.

Local authorities, tenants groups and the SFHA all suggested that it took far too long to evict those responsible for anti-social behaviour. Delay had two major consequences; neighbours had to suffer the effects of the behaviour for unacceptable periods; and delay tended to increase the prospect of complainers being intimidated.

It was suggested that it was common for cases to take well over a year but this was disputed by, amongst others, lawyers experienced in housing law. The Select Committee received evidence that an undefended action could result in actual eviction in little more than 9 weeks, and that a defended action could reasonable be expected to take a further 13 weeks. There could be a further delay if the case was sisted to enable the defender to apply for legal aid, which would take the total time to 30 weeks. Any adjournments would add further delay but not to the extent said to be typical.

The court's role is to make fair and just adjudication on the basis of evidence led by both sides. In some cases the tenant may have legitimate defences and it is wholly appropriate that the court should then give full consideration to all the circumstance, to make sure that the correct balance is maintained. The tenant must also be offered adequate time to prepare his case. However the question of delays is a real one - and we are determined to respond.

It is already competent under the summary cause rules to have a shortened period of notice. The period can be shortened to two days at the instance of the pursuer. It is not clear that this provision is used very much by housing authorities in these cases. It is done with the leave of court and the considerations of justice have to be taken into account, but the rules allow for it.

In response the Committee said that factual information was required into the extent of the delay in eviction cases and the contributions of various alleged causes of delay which had been brought to its attention.

• A research study into the legal process to identify any possible delays in dealing with anti-social behaviour cases is due to report by end December 1999 and we will then analyse the results including any appropriate actions for speeding up the eviction process.

Housing Management Practice

The Executive is aware that there are very many areas of good practice and robust anti-social behaviour policies among social sector landlords. Many of these are drawn out in Circular 16. Nevertheless, there are areas where not enough is being done and the Executive is concerned that good practice should be adopted in all areas

Circular 16 emphasised the need for early and effective action by housing mangers in tackling anti social behaviour. Much of the contribution to tackling the anti social behaviour problem lies in effective prevention through education and communication with tenants and residents about expectations of them.

There is also a need for landlords to work across professional and agency boundaries to tackle the complex problems facing some individuals and families that might lead to disruptive behaviour. Such inter- agency working is likely to include landlords, the Police, Social Work, Mediators, Community workers and other professionals. Tackling anti social behaviour can call for new ways of working and in delivering services.

There are a number of local authorities and housing providers who are taking the opportunity to address this problem in a "joined up" way which make effective use of expertise and resources. For example, in-house mediation services, 24 hour helpline for victims, the use of professional witnesses and dedicated housing teams to ensure a quick response to problems.

• The Baseline study of 1995 into Housing Management Practice is currently under review. The new study will provide a detailed insight into practice on the ground, will update the 1995 Study and will show the extent to which the measures already in place are proving successful in tackling the problem of anti-social behaviour. This study is due to report next Spring.

Private tenants and owner-occupiers

There is concern that the measures currently in place to tackle anti-social behaviour do not provide adequate sanctions against perpetrators who are private tenants or owner-occupiers

In some cases of anti-social behaviour, nuisance is caused by people who are not tenants of the same landlord. They may be tenants of different landlords or owner-occupiers. These possibilities are becoming more common as a result of the exercise of the right to buy and the transfer of public sector housing to new landlords.

Where the sanction of eviction is not available, the Scottish Affairs Committee considered the use of interdict and title conditions in this regard. It suggested that interdict represented a powerful remedy, whilst the imposition of title conditions presented considerable difficulties.

Where problems of anti-social behaviour occur between local authority tenants, it is appropriate to expect that local authority housing managers will take the lead in managing the problem. However, where problems involve private sector tenants or owner-occupiers or a mix of tenures, such is increasingly prevalent in mixed tenure estates, there should be no presumption that responsibilty for managing the problem should rest solely with local authority housing managers. Many neighbour problems require a response from other agencies such as Police, Environmental Health Officers, Social Work, Courts and the Procurator Fiscal. All have a role to play in maintaining stable safe communities. The Scottish Affairs Committee in its report emphasised that co-operation and collaboration between housing, police, social work and environmental health authorities is of major importance. This message was reinforced in Scottish Office Circular 16 but there remain concerns that partnership working is patchy. The Executive are planning to arrange for a conference to be held in March 2000, involving all the agencies in the field, with a view to tackling this issue head on and making partnership working a reality.

The Scottish Affairs Committee also considered neighbourhood nuisance with regard to Houses in Multiple Occupation (HMOs). The Committee recommended that all local authorities adopt licensing schemes for HMOs to better regulate such accommodation.

• In September 1999, the Minister for Communities announced plans to introduce mandatory licensing of HMOs from April 2000 in place of the discretionary licensing powers, which have existed since 1991. It is proposed that mandatory licensing be introduced by means of an Order under the Civic Government (Scotland) Act 1982.

Summary of position to date.

• In summary, since the Scottish Affairs Committee reported in 1996, new legislative measures have been introduced under the Crime and Disorder Act 1998 to help tackle the problems of anti-social behaviour. In addition to these new statutory powers a new circular of guidance from The Scottish Office on housing and neighbour problems, was published on 5 November 1998, stressing the importance of inter-agency and inter-departmental co-operation in tackling neighbour problems. Research is also underway into the legal process to identify any possible delays in dealing with anti-social behaviour cases and to update the baseline study on housing management last undertaken in 1995. The use of the new eviction powers and anti-social behaviour orders brought in under the Crime and Disorder Act 1998 are being monitored and the Dundee Families Project is being evaluated with a view to its being replicated elsewhere.

Eviction and Homelessness

Detailed guidance on how to treat persons made homeless because of eviction is contained in The Code of Guidance on Homelessness published in September 1997

The Code explains that a person evicted for anti-social behaviour would normally be intentionally homeless. A local authority's duty towards an intentionally homeless person is confined to advice and assistance in finding alternative accommodation - unless they are in priority need.

If an intentionally homeless person is in priority need temporary accommodation has to be provided for a reasonable period to allow them to find alternative accommodation for themselves. The Code of Guidance on Homelessness says a reasonable period would be 28 days.

The homelessness legislation therefore holds a balance between helping people in priority need, and preserving sanctions against those guilty of anti-social behaviour.

The Homelessness Code says that that if the behaviour of a person evicted for anti-social behaviour has improved, perhaps through social work support, there may be grounds for the local authority to review the decision.

• The Executive is aware that there is a lack of quantitative and qualitative data on the number of evictions in Scotland. Information collected by courts is not able to be disaggregated to the level of detail required. Likewise, there is little information available on the present circumstances of those who have been evicted.

Eviction and the welfare of children

It is important to stress that eviction should always be action of last resort, particularly where children are involved. Before taking action to evict, local authorities would have to take the welfare of any child into account. Welfare of the child is a paramount consideration for the local authority in accordance with the Children (Scotland) Act 1995. Housing and social work departments must work together in exercising respective functions.

We have plans in place to monitor the number of evictions in Scotland to inform future policy. We also plan to commission a study to evaluate the impact of evictions on individuals and families.

Drug Treatment and Testing Orders

In so far as nuisance and anti-social behaviour result from drugs related activity, the incidence of such behaviour may be minimised by the new Drug Treatment and Testing Orders (DTTOs), introduced as part of the Crime and Disorder Act 1998 which allow the court, with the offender's consent, to make an order requiring the offender to undergo treatment for their drug problem. The Executive has allocated more than £3 million over three years to pilot DTTOs. Offenders will be placed on specialist drug programmes lasting between 6 months and 3 years

A two-year pilot has just started in Glasgow and consideration is being given to the establishment of another pilot. The scheme may be expanded across Scotland following evaluation of the pilots.

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