Acceptable Behaviour Agreement
As part of its policy on anti-social behaviour the council has introduced Acceptable Behaviour Agreements (ABAs). These are commonplace throughout the country now, and are meant to be a simple method of agreeing a certain mode of behaviour without an application to Court.
What is an ABA?
An ABA is an agreement drawn up between the council, the Police, and an individual who is known to be behaving in "a manner that causes or is likely to cause harassment, alarm or distress to one or more persons not in the same household" - the recognised definition of anti-social behaviour.
The Agreement will be simply written, specific in its requirements and, most importantly, will list things that an individual has agreed not to do. This is in the same way as a Court would draw up an Anti-Social Behaviour Order or Injunction.
ABAs are normally used in dealing with young offenders although the council, working with Hertfordshire Constabulary, will also seek to use them with adults. They are effective for six months and are reviewed after this period has elapsed. In most cases three copies will be drawn up and retained by the Police, the council, and the parent or guardian of the youth concerned, if the person named is not an adult.
What is contained in an ABA?
An ABA is only effective if kept simple and easy to understand. In Welwyn Hatfield the Agreement will:
- identify the partners and the person concerned
- show the date the agreement is made
- list a series of clear, concise measures worded in the first person (for example "I will not...") that will prohibit the identified anti-social behaviour
- show the consequences of breaching the agreement
- be signed by the council, Police, named individual and the parent or guardian where necessary.
Common issues listed in ABAs include abuse (both physical and verbal), graffiti, noise, and general unruly behaviour. An ABA can also be used to set a curfew - that is, to ask someone to agree to be indoors at certain times of the day or night - and exclusion zones, whereby an individual agrees not to enter a specified area, for example a parade of shops, street or bus shelter.
Who can enter into an ABA?
In 1998 the Government passed the Crime and Disorder Act, which gave responsible authorities new powers to tackle anti-social behaviour in persons as young as 10.
As a result ABAs have been designed for use when working with individuals between the ages of 10 and 18 - although the council will make a Agreement with someone of any age where appropriate.
How is an ABA monitored?
Each case will be discussed on a six-weekly basis, unless a particular incident demands a more urgent review. In Welwyn Hatfield this will take place as part of meetings with the Police Community Team every six weeks.
The Street Wardens are also involved in monitoring ABAs and recording any breach of the Agreement
At the meetings the council and constabulary will compare records and assess whether the agreement has been kept to. Given the age of those who are likely to be the focus of an ABA, the council will also keep the individual informed as to their progress. It is important to give praise and encouragement where there is an improvement in behaviour.
Why are ABAs necessary?
Unfortunately, some cases of anti-social behaviour will become the subject of legal action. In such instances, a Court will want to see that an effort has been made to engage both the individual concerned and their parent or guardian, prior to the Court's involvement. A well-worded ABC will be a blueprint for any Anti-Social Behaviour Order (ASBO) or Injunction, the difference being that the latter are legal Orders endorsed by Court.
ABAs are a good opportunity to prescribe the exact steps necessary to address the behaviour in question.
From the perspective of the person named on the ABA, the Agreement is a signed declaration that s/he acknowledges that his/her current behaviour is unacceptable, and that s/he understands the consequences of continuing this behaviour.
An Acceptable Behaviour Agreement offers a young person a chance to modify their behaviour without legal action being taken against them. And although not legally binding a clear ABA is an excellent support to evidence that can be placed before a Court if legal action becomes necessary.
What happens if an ABA is breached?
If a young person breaks one of the restrictions made as part of an ABA the council can apply to Court for an Anti-Social Behaviour Order. It can be an arrestable offence if an ASBO is breached.