ASB Bill - response

JOINT STATEMENT ON THE

ANTI-SOCIAL BEHAVIOUR BILL

Barnardo's, Children's Rights Alliance for England, The Children's Society, Family Service Units, Nacro, NAYJ, National Children's Bureau, NCH, NCVCCO, NSPCC, The National Youth Agency, Save the Children UK and YMCA are concerned about a number of the Government's proposals in the Anti-social Behaviour Bill because they apply short-term solutions to long-term problems. The Bill punishes children and young people, and their parents, and appears to undermine their rights as established in both domestic and international legislation. We believe that legislation should not be made on the basis of prejudice and fear, or used as a way to divide communities, justify intolerance and promote discrimination. We fear that the effect of the Bill will be to alienate children and young people from their communities, to scapegoat children and young people and reinforce negative stereotypes.

As organisations concerned with supporting children and young people, we are all too aware of the impact that problematic behaviour can have on communities, and that tackling it is of critical importance. Preventive approaches that foster respect and equality and that lead to the creation of safe and strong communities are more effective in dealing with anti-social behaviour.

We have some serious concerns about the lack of consultation on the measures contained within the Bill prior to its publication. We are further concerned that although the Bill proposes a range of enforcement measures for anti-social behaviour, it fails to establish a common definition of what anti-social behaviour actually is. The use of the term "anti-social behaviour" without any clear definition to its limit gives rise to concerns about the arbitrary application of sanctions.

An Independent Legal Opinion advises that the Bill contains significant potential breaches under the Human Rights Act 1998 (and The Children Act 1989):

The police power to disperse groups of two or more people
The police power to return a child under the age of 16 to their home in certain circumstances
The power of the criminal courts to impose fostering requirements on some convicted children
The removal of reporting restrictions in respect of children who are the subject of Anti-social Behaviour Orders.

A recent report by the Joint Committee on Human Rights draws similar conclusions in respect of most of these proposals.

Being tough on children and young people is not an effective solution to the root causes of conflict in communities. We urge the Government to think again about the negative impact that these proposals will have on children and young people, and their parents. We ask that they focus on positive and effective approaches to ensuring safer more cohesive communities and providing opportunities for children and young people.