Tackling anti-social behaviour: Lessons from New Labour for the Coalition Government
| Author | Sarah Hodgkinson,Nick Tilley |
| Published date | 01 September 2011 |
| DOI | 10.1177/1748895811414594 |
| Date | 01 September 2011 |
| Subject Matter | Articles |
Article
Criminology & Criminal Justice
11(4) 283 –305
Tackling anti-social
© The Author(s) 2011
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DOI: 10.1177/1748895811414594
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from New Labour for the
Coalition Government
Sarah Hodgkinson
University of Leicester, UK
Nick Tilley
University College London, UK
Abstract
An ongoing commitment to tackling anti-social behaviour was a central part of the New Labour
policy agenda throughout their 13 years in government. Their policy and practice became
increasingly enforcement-led with the anti-social behaviour order (ASBO) at the cornerstone
of their agenda. Police and local authorities came under pressure to see the ASBO, along with a
whole range of other enforcement powers, as almost a panacea for tackling anti-social behaviour
and, in particular, youth disorder. This article draws upon the literature, the authors’ own
evaluation experience and recently released statistics from the Ministry of Justice and the British
Crime Survey to examine the legacy of New Labour in terms of tackling anti-social behaviour.
These are discussed within the context of the Coalition Government’s emerging ideas about how
best to tackle anti-social behaviour, including their plans to abandon the ASBO along with other
enforcement measures introduced under New Labour. We suggest that rather than abandoning
the ASBO altogether, there may be advantages to ‘rehabilitating’ the ASBO within the context
of a range of more far-sighted and proactive community-based measures. We discuss the lessons
to be learnt from New Labour’s legacy and discuss ways forward within the context of coalition
government policy.
Keywords
anti-social behaviour, ASBO, New Labour
Corresponding author:
Sarah Hodgkinson, Department of Criminology, University of Leicester, The Friars, 154 Upper New Walk,
Leicester, LE1 7QA, UK
Email: sf101@le.ac.uk
284
Criminology & Criminal Justice 11(4)
Introduction
This article explores the legacy of the New Labour government’s anti-social behaviour
agenda,1 by looking at where it went wrong, but also recognizing that there was merit in
what they did – a point that has all too often been lost in the wealth of critical commentary
in this area.
Although much of the discussion will be on New Labour’s overall approach, this
article will home in on the three enforcement measures that have received the most criti-
cal attention – the ASBO, the dispersal order and the parenting order, most notably the
ASBO. See Table 1 for a brief overview of the three measures. We will go on to show,
however, that these did not exhaust New Labour’s efforts.
This article will suggest that there may be scope to ‘rehabilitate’ these tools rather
than rescind their usage, as part of a wider package of measures that emphasize tackling
the underlying causes of anti-social behaviour as well. It is important to recognize the
harms caused by those who behave anti-socially, and these powers can successfully
tackle this behaviour without imposing a criminal sanction on young perpetrators. But
they are not successful in all circumstances and for all types of perpetrators, and the
short-term relief they offer communities needs to be sustained by the use of other non-
enforcement, community-based measures. This article discusses the lessons to be learnt
from New Labour’s approach to tackling anti-social behaviour, and draws some conclu-
sions about how the Coalition Government can move forward without downplaying the
importance of dealing with anti-social behaviour.
Context
Throughout the New Labour government period of office (May 1997 to May 2010) anti-
social behaviour was high on the political agenda. This is evident in the introduction of
a wealth of special new enforcement powers, and by the huge amount of political atten-
tion and media coverage devoted to it. It is easy to forget that anti-social behaviour,
before the advent of New Labour, was largely treated by the police as a nuisance, unless
it was criminal (Forrest and Tilley, 2005a, 2005b).
New Labour prioritized anti-social behaviour in the run up to the general election in
1997. They highlighted the damage done to some neighbourhoods by chronic inconsid-
erate behaviour. In particular, drawing on policy and literature from the USA, they
focused on more deprived areas where such persistent anti-social behaviour facilitated
‘spirals of decline’, hindered attempts at neighbourhood renewal and led to tolerance of
local crime (e.g. Skogan, 1990; Wilson and Kelling, 1982).2 Anti-social behaviour was
difficult to tackle as individual incidents often were not serious enough to warrant crimi-
nal justice activation or did not involve criminal behaviour per se. The cumulative
impact, however, of anti-social behaviour within a community could be highly corrosive
of people’s quality of life. New Labour were committed to taking this problem seriously,
aiming to empower communities to take civic pride in their neighbourhoods, to foster
their regeneration and to prevent more serious crime (e.g. Home Office, 1999, 2003;
Respect Task Force, 2006a). They emphasized working with communities for their
greater good (Home Office, 2004).
Hodgkinson and Tilley
285
ders/
(Continued)
Related or
contracts
ASBO on conviction
(CrASBO)
Interim ASBO
Individual support
order (ISO) – a civil
order attached to an
ASBO on a minor
aged 10–17 imposing
positive conditions
(e.g. drug treatment,
counselling, etc.)
Acceptable behaviour
contract (ABC)
Child curfew orders
There are other
geographically
focused orders for
eached
Sanctions if
br
Breach is a
criminal offence
and can result
in a custodial
sentence of up
to five years
Being told to
disperse by the
police is not an
offence. Failing
Terms/conditions
Conditions prohibit
certain behaviours within
specified areas for a
specified period of time.
It can include not entering
a certain area (such as
a city centre or public
space), not associating
with specified others or
carrying specified goods
or speaking in specific
ways and so on
The order is applied to a
clearly defined designated
area, anyone behaving
anti-socially (or thought
der
der
enting or
der and par
Description of or
Described as a ‘hybrid’ order
in that they are civil orders
(originally with a civil burden of
proof) that carried a criminal
conviction if breached. ASBOs
can be interim (when an order
is urgently needed and cannot
wait for a full ASBO application),
standalone (applied for through
the Magistrates’ Court but
requiring considerable evidence
now with a criminal burden of
proof) or issued on conviction
of a criminal offence (CrASBO)
ASBOs must be for a fixed
period of time from a minimum
period of two years (although
this can be shortened or
extended on application)
The order allows the police
(working with the local
authority) to disperse groups of
two or more people from a
der
, dispersal or
ASBO
evising the or
w of the
Legislation enacting
and r
Enacted in the Crime
and Disorder Act
1998; jurisdiction
extended in the Police
Reform Act 2002;
and changes made
to the processing of
them in the Anti-
Social Behaviour Act
2003 (along with the
introduction of the
CrASBO)
Introduced in the
Anti-Social Behaviour
Act 2003
vie
er
Ov
le 1.
Tab
Anti-social
behaviour
order (ASBO) –
or Standalone
ASBO
Dispersal order
286
Criminology & Criminal Justice 11(4)
ders/
Related or
contracts
use with alcohol-
related disorder (i.e.
Designated public
places order and
alcohol disorder
zones)
Parenting contract –
aims to be a less
formal and voluntary
agreement with
parents of an anti-
social child
Fixed penalty notice
(can be given to a
parent if their child
offends)
eached
Sanctions if
br
to disperse when
told is an offence
punishable by
a custodial
sentence of up
to three months
and/or a fine of
up to £5,000
A custodial
sentence of up
to three months
and/or a fine of
up to £1,000
Terms/conditions
likely to behave in this
way) can be dispersed and
told not to return to the
area for up to 24 hours
Children under 16 can be
removed to their home
if found within the area
unsupervised between
9pm and 6am
Parents who receive
this order must attend a
counselling or parental
guidance programme.
Other discretionary
conditions can be laid
out in the order (e.g. not
associating with certain
people, avoiding certain
areas without supervision
or being at home at
certain specified hours)
der
Description of or
pre-identified specified area
for up to 24 hours if they have
behaved anti-socially or are
likely to behave so
A dispersal order is intended for
short-term relief and lasts up to
six months, but is renewable
An order that can be placed on
the parent of a child, based upon
the child’s behaviour (such as
truancy, offending or behaving
anti-socially, including being
subject to an ASBO). It should
be tried only when voluntary
agreements have failed. It can
last up to 12 months
der
evising the or
ued)
Legislation enacting
and r
Enacted in the Crime
and Disorder Act
1998; and access
to them widened
with the Anti-Social
Behaviour Act 2003
(Contin
le 1.
Tab
Parenting
order
Hodgkinson and Tilley
287
Sweeps of the British Crime Survey have consistently shown that anti-social behaviour
is a...
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