ACCEPTABLE BEHAVIOUR CONTRACTS AND …

1 ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTSA ugust 20071 ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS IntroductionThis guidance booklet has been produced bythe Home Office s Anti-Social BEHAVIOUR andAlcohol Unit, in response to demand frompractitioners for an accessible guide to currentpractice in this field. It has been drawn upwith the help and advice of a range of partneragencies, including the police and localauthorities. It reflects what is actually beingdone with ABCs/ABAs, by agencies that havefound this intervention an effective part ofthe toolkit for tackling anti-social BEHAVIOUR . Itis important to remember that thisintervention is not aimed solely at under 18s: ABCS/ABAs are useful against adultperpetrators too; many victims of ASB are under 18s, andthey need protection too; where this tool is used with under 18s,appropriate support must be given, toensure engagement with the process, andthus achieve long term ACCEPTABLE BEHAVIOUR contract (sometimes referred to as an AcceptableBehaviour agreement - ABA) is a written,voluntary agreement between a person whohas been involved in anti-social BEHAVIOUR andone or more local agencies whose role it is toprevent such BEHAVIOUR .

2 ABCs can be usedwith the same age group as for anti-socialbehaviour orders but also children under theage of 10. However, where under 10s areinvolved, agencies may prefer to use aparenting intervention such as a parentingorder or parenting contract instead. ABCs areuseful for stopping low levels of anti-socialbehaviour and nipping it in the bud. Theirflexibility means they can also be usedeffectively in other more serious or problematicsituations. This booklet gives advice on getting the bestout of ABCs. It replaces the previousguidance issued in 2003 which was combinedwith guidance on anti-social BEHAVIOUR must not be seen as formalising the contractarrangements. If areas have found their owneffective system for using them there is noneed to consider making changes. Theguidance brings together good practice frompractitioners and any examples set out hereare merely suggestions that others may wish totry, particularly if this is new territory forthem.

3 We are not looking to replace existinglocal report by the National Audit Office1foundABCs to be highly effective, particularly whenagencies provided support to improve therecipient s chances of meeting the type of early intervention is thereforeeffective, as well as being low cost, particularlywhen used as part of a tiered approach. Someagencies use a traffic lighting approach, tomatch individuals to the risk they pose and theintervention that will work best in their NAO Tackling Anti-Social BEHAVIOUR , 7 December 2006 final:body 14/08/2007 14:21 Page 12 The contract is agreed and signed at a meetingwith the individual and the lead the person whose BEHAVIOUR is at issueis a child or young person, parents orguardians should be strongly encouraged toattend as it is important to involve them in theprocess, although the contract could still bemade without them.

4 For similar reasons, it isimportant within the context of effectivemulti-agency working to inform social servicesof any intervention involving someone under18. In the case of under 10s as parentingcontract or parenting order may be 29th June 2007, local authorities (LAs)and Registered Social Landlords (RSLs) havehad the power to enter into parentingcontracts and apply for parenting order whereanti-social BEHAVIOUR is the trigger underamendments to the Anti-Social BEHAVIOUR Act2003 in the Police and Justice Act information about this is available The contract specifies a list of anti-social actsin which the person can be shown to havebeen involved, and which they agree not tocontinue. The contract can also includepositives, ie. activities that will help preventrecurrence, such as attending defining principle of the CONTRACTS is thatthey are voluntary, and involve: an acknowledgement by the perpetratorthat his/her BEHAVIOUR is having anegative impact on the community; an agreement to stop that main aim is to lead perpetrators towardsrecognition both of the impact of theirbehaviour, and of the need to takeresponsibility for their actions.

5 For this reasonit is important that the individual should beinvolved in drawing up the contract . The flexible nature of ABCs means that theycan be used incrementally. This means thatvery minor misdemeanours can be nipped inthe bud quickly with nothing more than asimple contract with just one agency. Wherebehaviour is more problematic - eitherbecause it is persistent or because it is serious then support to address the underlyingcauses of the BEHAVIOUR should be offered inparallel to the contract . This may includediversionary activities (such as attendance at ayouth project), counselling or support for thefamily. It is vital therefore to establish whichagencies are already involved in the case so asto maximise the opportunities for co-operation and to minimise the risk ofduplication or action (such as an application for ananti-social BEHAVIOUR order or a possessionorder, if the perpetrator is in social housing)should be stated on the contract where this isthe potential consequence of breaking theagreement.

6 The prospect of a more formal,legal intervention can provide an addedincentive to adhere to the contract . Where theASB cited on the ABC is an actual criminaloffence (eg. criminal damage), then criminalproceedings also remain a possibility forbreach. How they workACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS abc final:body 14/08/2007 14:21 Page 23 Types of BEHAVIOUR ABCs have been usedforABCs have been used to address a wide rangeof anti-social behaviour2including: harassment of residents or passers by verbal abuse criminal damage vandalism noise nuisance writing graffiti threatening BEHAVIOUR racial abuse smoking or drinking alcohol while underage substance misuse joy riding begging prostitution is not true that the BEHAVIOUR has to becriminal, and nor is it true that it may not be what is important is that local agencies believethat the ABC approach in each case is a moreeffective way of dealing with problembehaviour.

7 This approach can involve optingnot to pursue a more formal legal response,but the long term benefits mean that the ABCapproach is still putting the community sinterests workingThe flexible nature of ABCs allows forvarious agencies to take the lead according tothe circumstances of each case, local practice,and which agencies can have greatest impacton reducing unacceptable BEHAVIOUR . InIslington, for example, the Anti-SocialBehaviour Team oversees the running of theABC scheme by representatives from the localauthority housing department and the localpolice. In other areas the lead agency is theYouth Offending Team working closely withthe local police. Whichever agency takes thelead it is important to explore fully the causeof the anti-social BEHAVIOUR and consideralternative diversionary Inclusion Support Panels (YISPS) aremulti-agency and provide a package ofsupport to help young people committinganti-social BEHAVIOUR and becoming at riskfrom their own BEHAVIOUR .

8 They seek toprevent offending and anti-social BEHAVIOUR byoffering support services and othercomplementary interventions for high riskchildren and their families. Details ofCamden s YISP are contained in an annex tothis guidance as a possible model that othersmay wish to BEHAVIOUR CONTRACTS for kerbcrawlers Other agencies involved with ABCs either as signatories on the contract or inproviding support to the individual and family include registered social landlords, socialservices, schools, environmental health andhealth services. This is not an exhaustive list but it illustrates the need for planning and co-ordination to underpin training for staff in partner agenciesinvolved in ABCs will enable schemes to workmore effectively. In particular, training shouldcover the practical implications of CONTRACTS (such as the paperwork required) and how todeal with broken agreements.

9 The trainingshould also include engaging andcommunication methods/tools needed forworking with the young people and theirparents. In some cases it may be appropriateto apply for a parenting contract as well as theABC. Practitioners should also be aware thatLocal Authorities and Registered SocialLandlords now have new powers available tothem to apply for parenting orders. ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS 2 The typology of ASB is dealt with in more detail in other publications for example, in the NAO report mentionedalready, and in the Home Office s ASBO guide ( )abc final:body 14/08/2007 14:21 Page 34 Multi-agency working has a number ofbenefits. It can: increase the speed of evidence gathering improve background information on theindividual s circumstances help to ensure that interventions aretailored to the individual improve monitoring of CONTRACTS reduce the number of brokenagreements by the provision of othersupport enhance the effectiveness of the schemethrough joint training and planning use a variety of expertise to interveneearly in anti-social is important that agencies and thecommunity are aware of the full range ofavailable responses to anti-social will not only encourage the communityto come forward and report incidents, it alsosends out a message that anti-social behaviourwill be tackled, not tolerated, by showing thateffective action can and will be taken.

10 TheABC scheme itself (rather than individualparticipants) should be well publicised locally -amongst young people in particular, forexample, within local schools, youth clubs andamongst other agencies in the area that workwith young individuals for ABCsPeople for whom a contract may be beneficialcan be identified using a wide variety ofevidence sources: complaints to housing staff or policeofficers housing staff observations police stops or arrests, and other policeintelligence photographic and video evidence self admission discussions with residents information from the education service,especially relating to truancy andexclusions information from and about the victimsof anti-social BEHAVIOUR social services information referrals from other schemes andagencies, eg. youth services park and street wardens, and communitysupport agencies have identified an appropriatecandidate for a contract , checks should bemade into whether the individual or family issubject to any other investigations or the case of a young person the local youthoffending team should be informed and ifappropriate the social services or educationwelfare.