Written evidence on Stage One of the Antisocial Behaviour (Scotland) Bill

• Shelter is very concerned at the potential for an increase in homelessness as a result of the proposal to give local authorities the power to serve anti-social behaviour orders (ASBOs) on under-16s. If a young person is served with an ASBO, a provision in the Housing (Scotland) Act 2001 gives a local authority a power to change their tenancy to a less secure one (i.e. one in which it is easier to evict from). This could result in a whole family being evicted as a result of the behaviour of a dependent child. This could undermine progressive government policies on homelessness, and implementation of the Homelessness etc. (Scotland) Act 2003. Shelter proposes that ASBOs for under-16s are not linked to security of tenure, and are instead linked to support provision.

• The proposal to give police the power to close premises because of anti-social behaviour raises more questions than answers. It is unclear how this section in the bill will work in practice. We call for clarification on the application of closure orders from the Scottish ministers, which should be reflected in guidance, and for a commitment to rehouse every individual whose residential premises is served with a Closure Order.

• The bill aims to focus on private landlords who routinely ignore the anti-social behaviour of their tenants. This is a legitimate area of concern. However, on this point, Shelter believes that, while the bill goes some way to alleviate the problem, it does not go far enough. In particular, it will not deliver its primary policy aim, which is to ensure that landlords engaged in bad practice respond to anti-social behaviour carried out by their tenants. As an alternative, Shelter proposes the introduction of a mandatory certification scheme for the private rented sector in Scotland.

• Shelter calls on the Scottish Executive to detail the projects funded by Supporting People. This is crucial if we are to judge whether the right type and amount of support is available to address behaviour problems.