ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTSfairplayforchildren.org/pdf/1228011664.pdf · 1...

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ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS August 2007

Transcript of ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTSfairplayforchildren.org/pdf/1228011664.pdf · 1...

ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS

August 2007

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ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS

Introduction

This 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 adult

perpetrators 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 behaviouralchange.

An 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. ABCs can be usedwith the same age group as for anti-socialbehaviour orders but also children under theage of 10. However, where under 10s are

involved, 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 orders.It 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. We are not looking to replace existinglocal protocols.

A report by the National Audit Office1 foundABCs to be highly effective, particularly whenagencies provided support to improve therecipient’s chances of meeting the conditions.This 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 case.

1 NAO – Tackling Anti-Social Behaviour, 7 December 2006http://www.nao.org.uk/publications/nao_reports/06-07/060799.pdf

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The contract is agreed and signed at a meetingwith the individual and the lead agencies.Where 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. 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 preferable.Since 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 2006.Further information about this is available onwww.respect.gov.uk.

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 school.

The defining principle of the contracts is thatthey are voluntary, and involve:� an acknowledgement by the perpetrator

that his/her behaviour is having anegative impact on the community;

� an agreement to stop that behaviour.

The main aim is to lead perpetrators towardsrecognition both of the impact of theirbehaviour, and of the need to takeresponsibility for their actions. 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 inconsistency.

Legal 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. 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 work

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Types of behaviour ABCs have been usedfor

ABCs have been used to address a wide rangeof anti-social behaviour2 including:� 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

� kerb-crawling.

It 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. 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 first.

Multi-agency working

The 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 the

Youth 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 tactics.

Youth 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. 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 follow.Acceptable 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 success.

Providing 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. 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.

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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 (http://www.crimereduction.gov.uk/asbos/asbos9.htm)

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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 behaviour.

Publicity

It is important that agencies and thecommunity are aware of the full range ofavailable responses to anti-social behaviour.This 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. 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 people.

Identifying individuals for ABCs

People for whom a contract may be beneficialcan be identified using a wide variety ofevidence sources:� complaints to housing staff or police

officers

� 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 officers.

Once agencies have identified an appropriatecandidate for a contract, checks should bemade into whether the individual or family issubject to any other investigations or support.In the case of a young person the local youthoffending team should be informed and ifappropriate the social services or educationwelfare. It is vital that consideration is given towhether an individual is really suitable for thescheme. Where there is serious and persistentanti-social behaviour an ASBO may be moreappropriate (see A Guide to Anti-SocialBehaviour Orders3 issued in 2006 by theHome Office, the Association of Chief PoliceOfficers, and the Youth Justice Board). If thebehaviour amounts to criminal activity otherlegal action may supplement the use of anABC, or be more appropriate.

Meeting with the perpetrator

Once the appropriate agencies have beenconsulted, the individual involved should beformally invited to take part in a meeting withall the relevant parties. The meeting should beused as an opportunity for the individual andhis or her family, where appropriate, to discussthe meaning of the term ‘anti-socialbehaviour’ and the harm that it does to others.The meeting can be used as an earlyintervention process to stop the inappropriatebehaviour becoming worse and to outlinepossible repercussions should the behaviourbe repeated. It can also be used as an

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3 http://www.crimereduction.gov.uk/asbos/asbos9.htm

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opportunity to provide support to addressunderlying causes such as family problems.Further action may then be taken by the leadagencies after the meeting to ensure that otheragencies become involved as necessary.

Making the most effective use of ABCs

Since every perpetrator of anti-socialbehaviour is different and the circumstances inwhich it is committed are variable, the flexiblenature of the ABC means that it can bereadily adapted to suit individual cases. Clearlysome perpetrators are more likely to engagewith authority more promptly than others, andthe options below provide advice on choosingthe best option in the circumstances. It is ofcourse possible that the perpetrator will notengage at the first attempt, and thus otheroptions from this list may be considered. Ifthere is a persistent failure to engage toughersanctions, such as an anti-social behaviourorder, will need to be considered. The youthASB panel is a good tool to use in consideringwhat remedial action to take if the agreementis not adhered to.

Using ABCs incrementally

The voluntary nature of ABCs generallymeans that they are normally used for low-level anti-social behaviour or very minoroffending. They are therefore often, but notalways, used as the first structured (albeit notformally legal) intervention. Where aperpetrator refuses to engage, agencies mayuse the ABC process by way of a warning thatserious sanctions will follow if they fail tocomply. In Camden they have successfullyused ABCs against street scene problems suchas begging, prostitution and drug-related anti-social behaviour (although ASBOs were usedfor the most persistent perpetrators) by havinga system of yellow and red warning ABCs.They found that many of the problems wereresolved at the ABC level and they haverecently started to experience lower levels ofASBO use as a consequence.

If the young person is under 10 and refuses toengage on a voluntary basis the local authoritycan apply to the family proceedings court fora child safety order.

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Taking action: Newham’s ABC+approach for young people

If the young person’s ASB continues tobe a problem, then agencies couldconsider using the ABC+ approachadopted by Newham. This is a six monthagreement between the perpetrator, theirparent/carer and the relevant agency.Where it differs from a standard ABC isthat it provides a package of supportthroughout the process and educatesyoung people about ASB and the effect itcan have on the community. The packageis based on an assessment of the youngperson’s behaviour and needs by an ASBpractitioner at the outset. If you wish toknow more about the scheme pleasecontact:

Laura TimmsNewham Youth offending Team192 Cumberland RoadPlaistow E13 8LTTel: 0208 430 [email protected]

or

Sangeeta BhuhiCrime and Anti-Social behaviour ServiceCentral DepotFolkestone RoadEast Ham E6 6BXTel: 0208 430 [email protected]

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Using ABCs as a restorative justicemeasure

What is restorative Justice?

Restorative justice has already been introducedin the criminal justice system and is alsosuitable for tackling anti-social behaviour. Itprovides the opportunity for victims,perpetrators and communities to decide on aresponse to a particular incident. It is aboutputting victims’ needs first and gettingperpetrators to face up to their actions.

Examples of restorative justice approachesinclude:� perpetrators removing graffiti and

repairing property that they havedamaged;

� shoplifters meeting face to face withstore managers to hear how shop theftaffects others;

� perpetrators writing letters of apology tovictims.

Perpetrators and victims are brought intocontact through:� direct mediation – where victim,

offender, facilitator and possiblysupporters for each party meet face toface;

� indirect mediation – where victim andoffender communicate through letterspassed on by a facilitator;

� conferencing - involving supporters forboth parties and members of the widercommunity. This is similar to directmediation, except the process focuses onthe family as a support structure for theoffender (this is particularly useful withyoung offenders)

When is this approach suitable?

Restorative justice approaches can be used fora wide range of incidents, from minor anti-social behaviour committed by children atschool to adults causing problems in theirneighbourhood. Victim participation is alwaysvoluntary, and perpetrators need to haveadmitted some responsibility for the harmthey have caused.

Using ABCs as an alternative to a formalintervention/disposal

Agencies can use their discretion to make areferral to the multi-agency anti-socialbehaviour team running the ABC scheme.This can include housing providers who usethis as an alternative to pursuing an injunction,or a local authority using it instead of a schoolexclusion. The police also have discretion indealing with minor offences that mightperhaps be better dealt with by way of abehavioural intervention – the sort of minordisorder that might otherwise attract a PND.

A suggested approach to publicity

Communities need reassurance, and everyCDRP should have a strategy for publicisingits policies, activities and achievements so asto provide that reassurance. This affects notonly the community’s perception of ASB(which is a key performance measure), itstrongly influences public confidence in theCJS as a whole. Agencies need therefore toagree an approach to publicising their ASBstrategy and its successes. This could includepublicising the use of ABCs as a means oftackling ASB, but it is more important thatcommunities feel that the problem is beingtaken seriously and dealt with then it is topublicise particular cases or interventions.

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ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS

Taking action: using ABCs to tackle disorder in an area or housing estate

ProcedureA letter is sent to all residents on the estate outlining the aims and objectives of the ABCscheme. The letter discusses the problems caused by anti-social individuals on the estate,and includes a general description of the unacceptable behaviour occurring. It invitesresidents to record the details of all problem behaviour experienced or witnessed and tocomplete incident record books that can be used for evidential purposes. The localauthority housing department, police and other agencies are also encouraged to monitoractivity and gather evidence to identify the people involved.

Young peopleIn the case of a young perpetrator, a second letter is sent specifically to the parents orlegal guardian informing them of their child’s unacceptable behaviour. This second letterinvites both the young person and their legal guardian to attend an interview with policeand housing officers at their local housing office to discuss the behaviour of the youngperson. The letter informs the family that on completion of this interview the child will beinvited to sign an acceptable behaviour contract and adhere to its terms and conditionsfor a period of 6 months.

It is worth thinking about where the meeting should take place. While the use of policepremises may reinforce the importance attached to an ABC it is important that care istaken to ensure that the interview is not misinterpreted as being part of a criminalinvestigation. Parents or guardians, housing or local police officers and any otherinterested party such as a social worker or family friend may be present if it is consideredappropriate.

If the individual who is to become subject to an ABC does not attend without eithernotification or good reason, further attempts, by letter or a visit, should be made tocontact them. If this fails their non-appearance can be documented and used at anyfuture proceedings if the inappropriate behaviour is repeated. Written warning of thisshould be sent to the person concerned. The meeting where the contract is signed doesnot constitute legal proceedings.

Key points to consider when arranging and conducting the ABC meeting � Publicise the scheme locally prior to holding the meeting so that those concerned are

aware of it and its aims

� Make the interview less formal to avoid intimidating the family

� Choose a spacious room and only invite key stakeholders

� Involve other agencies prior to this meeting, for example youth services and schools

� Hold a pre-meeting with key stakeholders to share relevant information. This will helpto keep attendance at the actual interview to a minimum

� Allow adequate preparation time.

See also suggested Do’s and Don’ts of the ABC meeting below.

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Drawing up the contract

An ABC normally lasts for six months,though since it is not a legal document anyreasonable period may be specified. While theterms of the contract should reflect thebehaviour to be addressed they should not beso numerous that the individual isoverwhelmed. About half a dozen might bethe norm. In addition there needs to be abalance between general and specificconditions. If they are too general it may beunclear precisely what acts are covered, but ifthey are too specific it may be possible toevade them too easily. The contract should bewritten in language that the individual caneasily understand.

Bear in mind that the underlying idea is thatthe terms should prevent future misbehaviour,and not be a punishment for the past. Forexample, if the perpetrator does not commithis ASB at night, then there is no need for acurfew provision. But if the anti-socialbehaviour takes place at a parade of shops,then an exclusion from that area would be anappropriate part of setting the behaviouralboundaries. This distinction betweenpunishment and prevention needs to be madeclear to the perpetrator.Addressing the underlying causes of anti-socialExamples of specific terms agreed in ABCs

I will not:� damage property

� verbally abuse passers-by

� write graffiti

� throw stones or other objects

� congregate in groups of four or more

� climb on public or private property

� spit

� smoke (if under16)

� set fire to things

� damage the environment

� smash glass

� damage cars

� or encourage others to do any of theabove.

Or they can be positive examples such as:

I will:� Attend an anger management

programme

� Attend school

� Take part in a YOT’s diversionaryactivities.

Clearly it is possible to include a general termsuch as “I will not behave in an anti-socialmanner”, but that can have two drawbacks:� if it is difficult for the perpetrator to

grasp where the boundary lies betweenwhat is and what is not acceptable,he/she might be more reluctant to signup to the agreement as a whole;

� a general prohibition is difficult tomonitor and will lead to moredisagreements over compliance, which iscounterproductive for a tool aimed atbringing about positive, long termbehavioural change.

Some schemes define any criminal offencecommitted by the individual as breaking theagreement irrespective of whether thebehaviour is prohibited by the contract.However, the purpose of the ABC is to makeclear the link between specific behaviours andtheir consequences, and this is particularlyimportant if the behaviour being guardedagainst is itself a specific offence, perhaps one(for example) otherwise deemed worthy of aPND. It is important therefore to beconsistent about what is expected from theperpetrator, and to specify at the outset whatthe conditions are, and what harm they aredesigned to guard against, so that it is clear tothe perpetrator how he/she can achievecompliance. If behaviour is deteriorating tothe point that a ban on offending in any wayis thought to be necessary, then the ASB teamneeds to consider whether the situation hasdeteriorated beyond the point at which anABC can be effective.

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Renewing the contract

The contract can be renewed after furtherdiscussions have been held if the perpetratorhas broken the agreement or other forms ofanti-social behaviour are continuing. Theresponse to any failure on the part of theperpetrator to improve their behaviour willvary according to the situation. In some casesan extension of the contract may beappropriate or a completely new one.However, where an ABC is not likely to tacklethe problem behaviour other measures, suchas an anti-social behaviour order, should bepursued quickly.

A copy of the original contract should bemade available to all those involved inmonitoring the behaviour of the individual.Other interested parties should be informedof the agreed conditions of the contractwhere appropriate, which may include theyouth offending team and other agencies. Thisfactor should be explained to the perpetrator,as part of the monitoring arrangements, and isparticularly important if the ABC is to beshared with the wider community as this mayhave a bearing on his/her acceptance of it.

Monitoring

Continued monitoring is vital for the contractto be effective. Information on brokenagreements can be collected from the samesources as those from which the original anti-social behaviour was identified. Accurate andsystematic data collection techniques – such asstandard forms and reporting systems – willassist with the monitoring and evaluation ofcontracts. The Newham Chance scheme has aprocess chart, warning letters in the form ofyellow and red cards and the ABC itself.

If the contract is broken there must always bea firm response (see below for possibleoptions). Early intervention can preventbehaviour escalating to more serious levels.Agencies and organisations involved will needto consider the circumstances and decideupon the best course of action.

Key points for ensuring effectivemonitoring

� Ensure enough staff and resources areavailable for monitoring.

� Keep the number of contracts in eachgeographical area of responsibility to amanageable number.

� Ensure that there is goodcommunication between the agenciesinvolved, especially in relation to sharinginformation. If one agency is primarilyresponsible they need to inform othersof their findings and also make sureevidence is collected from other agencies.Evidence should be corroborated toprevent malicious reporting. Brokenagreements can be overlooked if data isnot shared.

� Make sure that there are an adequatenumber of home visits (at least two)during the contract.

� Ensure that there are regular meetings ofthose involved in monitoring andimplementing the scheme.

� Ensure that there is good informationfor residents who may act as witnesses toanti-social behaviour.

� Ensure parents of children who haveentered into contracts receive regularfeedback about their behaviour.

Dealing with continued unacceptablebehaviour

The action taken should be determined by theseriousness of the incident. An incremental,structured approach can be taken, leadingeventually to formal/legal action if thebehaviour does not cease and it has becomeobvious that the situation has gone beyondthe ABC approach. Such a structuredapproach may involve:� oral warnings;

� written warnings (however this assumes agood level of literacy and visits may bemore appropriate);

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� an interview to discuss and reiterate thecontract terms. This will also help toidentify why it was broken and enableagencies to provide additional supportthat may be required to prevent furtherexamples of non compliance.

The purpose of this is to bring home to theperpetrator how his/her subsequent behaviourhas gone against what he/she signed up to inthe original ABC. ABCs are about enforcingas well as setting boundaries. Of course it isopen to either side to withdraw from theagreement at any time (and agencies shouldalways put the victims’ interests first and optfor more formal action if the continuedmisbehaviour is serious), but a structuredapproach to dealing with continued incidentshas the advantage of keeping the perpetratorengaged. It is important therefore to be seento allow him/her to put his/her side of thestory. In cases where the witness evidence isdisputed or where the perpetrator is adamantthat he/she has not acted in a prohibitedmanner, it is worth referring the case to amulti-agency ASB panel. Agencies nonethelessshould always be robust in regardingpersistent and baseless appeals as evidence ofbad faith that should lead to a withdrawal ofthe agreement.

If the behaviour is persistent, then it isimportant to follow it up with formal legalproceedings, eg. for an anti-social behaviourorder, or a possession order. This will ensurethat victims and the wider community cancontinue to have confidence in local agencies’ability to tackle these problems, which in turnimpacts on confidence and reassurance.

Agencies such as the youth offending team (inthe case of a young person) should beinvolved to identify appropriate measures toaddress the continued unacceptable behaviour.However, where the community is facing on-going anti-social behaviour, legal action shouldbe considered.

ABCs are not a substitute for anti-socialbehaviour orders (ASBOs) and should not beseen as a necessary precursor to an applicationfor an order. Evidence collected for an ABCand subsequently for its non-compliance maybe cited in court for an application in supportof a possession order or an anti-socialbehaviour order. However, even where anagency is applying for an anti-social behaviourorder it is still worth trying to make an ABCbecause this can be used as evidence ofpositive engagement or non-engagement whenapplying for the ASBO.

At the end of the contract

If the subject of the contract/agreement hassuccessfully complied with it over its entirelength, then it would be appropriate for theother signatories to send him/her a letter ofcongratulation. This would help reinforce themessage that the contract/agreement waspreventive, not punitive, in nature.

Other considerations

Agencies will be familiar with their equalityduties and should look to their own in-houseresources for further guidance. As a reminder,and as a starting point for those unfamiliarwith these requirements, the basics are set outbelow.

Race and Diversity

Direct or indirect discrimination on groundsof race, colour, nationality (includingcitizenship), or ethnic or national origin isunlawful under the Race Relations Act. Localagencies have a duty to consider thepromotion of racial equality in carrying outtheir work. Practitioners will be aware of theneed to guard against racial stereotyping andassumptions based on race or irrelevantreferences to race, and make due allowancefor different cultural norms or customs.Agencies should also plan how they cansupport the delivery of support programmesto black and minority ethnic families and

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should take into account and form links withvoluntary sector organisations with particularexpertise and experience.

Disability, Mental Health and SpecialEducational Needs

Special educational needs, disability andmental health difficulties of a perpetrator mayof course be highly relevant to his/herbehaviour. Where he/she has a disability,mental health difficulty or special educationalneeds, practitioners with specialist knowledgeof the circumstances ought to be involved inthe assessment, to help determine what formthe intervention should take. Agencies shouldensure that those with disabilities, mentalhealth difficulties or special educational needsare not excluded/discriminated against and areable to access the same quality and level ofsupport and have their support needs met.Experts familiar with the perpetrator or withhis/her presenting conditions ought to beinvolved in the ABC process in order toensure appropriate support is in place.

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An example of an Acceptable Behaviour Contract

ACCEPTABLE BEHAVIOUR CONTRACTS AND AGREEMENTS

THIS CONTRACT is made on [date] BETWEEN [name and address of lead agency/agencies]AND [name of individual].

[name of individual] AGREES the following in respect of future conduct –

1. I will not write graffiti or damage any property in and around the [specify area].

2. I will not congregate in groups (specify number) in communal areas of [specify the

area], i.e. stairways and walkways.

3. I will not climb on any rooftops, lift shafts or any other prohibited areas.

4. I will not throw anything at residents or passers-by in or around the estate.

5. I will not threaten or abuse residents or passers-by (specify area). This includes

swearing.

[FURTHER [name of individual] enters into a commitment with the [name of agency/ agencies] not to act in amanner that causes or is likely to cause harassment, alarm or distress to one or more persons not in the samehousehold.]

Action on breaking the agreement

If [name of individual] does anything which he/she has agreed not to do under this contract, andwhich the [agency/agencies] considers amounts to anti-social behaviour, an application may bemade to the magistrates’ court for an ANTI-SOCIAL BEHAVIOUR ORDER to prohibit [nameof individual] from acting in a manner likely to cause harassment, alarm or distress to one or morepersons not of the same household.

WITNESSED

SIGNED ________________________________________ Police Officer[name of police officer, for example]DATE………………

SIGNED ________________________________________ Housing Manager[name of housing officer, for example]DATE………………

DECLARATION

I confirm that I understand the meaning of this contract and that the consequences of breakingthe contract have been explained to me.

SIGNED ________________________________________ Youth[signature of individual]DATE………………

SIGNED ________________________________________ Parent[signature of parent or guardian]DATE………………

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This draws on the experience of housing andpolice officers but can adapted for otheragencies, such as youth offending teams.

Before the meeting

Do

� Consider other measures for tacklinganti-social behaviour alongside thisaction (a notice seeking possession maystill be appropriate).

� Identify individuals likely to benefit fromthe ABC scheme at regular meetingsinvolving police and housing officers.Once a person is being considered, startan Incident Record Book.

� Give reasonable notice of the meetingand hand-deliver the letter wherepossible.

� Seek to involve both parents orguardians if there is a joint parentingrole, even if they do not live at the sameaddress.

� Where the family are known to socialservices, advise them of the interview,the purpose, and if appropriate ask ifthey would like to be present. Where thelocal authority is looking after a youngperson (i.e. ‘in care’), a representativefrom social services must be invited toattend.

� If the young person is known to attend alocal school, encourage theirinvolvement. The young person could beon a school sponsored scheme that couldassist with tackling the unacceptablebehaviour.

� Try to find out if the young person isinvolved in activities organised by theplay and youth service. They may be ableto assist with diversion activities.

� Contact the youth offending team (YOT)to establish whether they know theyoung person and to ensure that theaction proposed does not conflict withaction being pursued by them.

� Contact the police to check whetherthere are currently any related criminalcharges being considered by the CrownProsecution Service in relation to theyoung person. If there are, an interviewcan still go ahead but without the policeand without the use of an ABC. Theinterview would be used simply to clarifyto the young person and his parents theterms and conditions of their tenancyagreement. If the CPS find insufficientevidence to make a criminal charge thenthe ABC interview may be consideredagain.

� Meet with professionals, such as socialservices, to clarify the procedure andpurpose of the meeting/ABC. Ideallythis meeting should not take placeimmediately before the interview in casethere are concerns that need to beresolved. Ensure that if officers fromother departments are to be present theyare clear who is taking the lead.

� Meet to agree who will take the lead andclarify the latest position on reportedincidents and action against the youth orthe tenancy.

� Try to establish in advance which otheragencies/individuals may attend, if any.

� Consider involving other siblings withinthe same family in the same meeting ifyou think they could be vulnerable tobecoming involved in anti-socialbehaviour, even if an ABC is notthought to be appropriate at this stage.

� Be clear in your own mind what thepurpose of the meeting is. Rememberthe aim is not simply to come away witha signed contract, but to stop the anti-social behaviour. The idea of theinterview is to talk with the youngperson and his/her parents so that theyboth have an understanding of what wemean by anti-social behaviour and whatthe implications are should furtherincidents take place.

GOOD PRACTICE IN CONDUCTING AN ABC MEETING –ISLINGTON ANTI-SOCIAL BEHAVIOUR TEAM

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� Be prepared for the fact that both youngpeople and parents may deny allinvolvement and that feelings could runhigh.

� Give consideration to a suitable venueand seating plan so that the meeting cantake place in relative comfort withenough chairs and space for everyone.Avoid setting up barriers or creating an‘us-and-them’ situation.

� Give consideration to the type ofactivities the young person has beeninvolved in and those that are particularlyrelevant on the estate, which you maywish to include in the contract. Theseshould not be used to prepare thecontract in advance but to include in thediscussion about which activities shouldbe included in the contract.

� Nominate a suitable officer to take notesduring the interview. Although youshould aim to keep the number ofofficers to a minimum it isrecommended to have a note-taker thatwill not be involved in the discussion.Detailed notes are not required but themain points, including stated evidenceand denials of the allegations made, doneed to be recorded.

� Try to ensure that the same people areinvolved for the duration of the contractand monitoring period. The ABC createsan opportunity to establish rapport withyoung people on contracts.

Don’t

� Hold the meeting at the police station(unless necessary).

� Expect to be able to follow a script andfor all interviews to be the same. Theyare all different. Of the interviewscarried out so far a significant number ofparents have been extremely positiveabout the meetings once they overcometheir initial suspicion and concern. The

attitude of the young people has rangedin extremes from total silence to hostilityand abuse, but the latter is not usual andin most cases it has been possible tohave a discussion about anti-socialbehaviour and what it means.

� Underestimate the importance of thepreparation in advance of the meeting.You cannot expect to be able to turn upon the day and carry out an effectiveinterview without being clear on thebackground to the case. Also, if you failto involve other relevant departments ororganisations you are potentiallycompromising your position in beingable to pursue further action.

� Prepare the final version of the contractin advance of the meeting. This isdefeating one of the key points of themeeting, which is to encourage theyoung person to list the activities he/shehas been involved in or could becomeinvolved in future. A draft list ofactivities that you may wish to include is,however, a good idea.

During the meeting

Do

� Arrive promptly to allow for a pre-meeting, and allow enough time for themeeting so you are not rushed. Somemeetings have been known to last twohours, others have been morestraightforward. The latter is preferable,since few people have an attention spanlong enough for a two hour meeting.

� If the perpetrator (and, in the case of ayoung person. his/her parent/guardian)fails to attend, write once more with afurther date for a meeting. If they fail toattend the second meeting, considermoving straight to legal action, writesetting out the seriousness of the issueincluding details of action proposed.Monitor the case as you would have

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done if a contract had been signed.

� Wear name badges.

� Use simple language that is free fromcouncil/police jargon.

� Aim to get the message across that anti-social behaviour and the signing of thecontract is an extremely serious issue, butyou should aim to keep the meetinginformal and relaxed to encourage fullparticipation of the young person andtheir parents.

� Make the perpetrator (andparents/guardian if a young person)aware of the consequences of breakingthe contract.

� Support each other and be mindful ofthe issues relevant to both the police andthe housing department e.g. possiblecriminal or civil action.

� Find out how the perpetrator spendshis/her time, what their understanding isof anti-social behaviour and how it mayimpact upon residents, the council,his/her parents (if a young person), himor herself.

� Listen to what is being said about homecircumstances and any other pressures ordifficulties the family is experiencing.This will help to put togetherinformation for dealing with the case andinvolving any other relevant agencies.

� Explain the purpose of the contract,how it will be monitored and theimplications of any further incidents,both in terms of civil action such aspossession orders and anti-socialbehaviour orders or criminal action suchas criminal damage, before the contractis signed.

� Take any concerns raised by theperpetrator seriously and attempt toaddress them.

� Produce the final typed version of thecontract as quickly as possible once those

present have agreed the activities to beincluded. Ideally arrange for someoneoutside the meeting to do this for you sothat you do not leave your colleague onhis/her own. Remember that any delaycould be a source of irritation to thosepresent and may result in a contract notbeing signed.

� Remember to get everyone present tosign the contract and to provide a copyfor the perpetrator to take away withthem.

� Allow ‘time out’ if the meeting becomesheated. Consider the provision oftea/coffee if appropriate but rememberthat a hot drink could be used as amissile.

� Take notes of the meeting and any issuesthat are raised.

� Sum up the main points at the end ofthe meeting.

� Provide contact details of lead officers toparents if appropriate.

� End on a positive note. If there are nofurther incidents there’ll be no furtheraction.

� Thank everyone for his/her attendance.

Don’t

� Behave in a confrontational manner butstate any allegations calmly. Rememberthat the aim is not to accuse but to stopbad behaviour.

� Single out the families for all theproblems in the area, if they are told thattheir children are one of a number ofyoung people and others will also beinterviewed, you will find that theparents more readily accept this and beprepared to work with you.

� Attempt to force the perpetrator to signthe contract but DO explain why it isimportant and persuade them as far aspossible.

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� Worry if you have been unable to get asignature. This does not mean that themeeting has been a waste of time. Try toestablish why there is a reluctance tosign, attempt to address their concernsand keep a record of their responses. Itmay be that they need time to think itover and you can suggest meeting againin a few days time. You do need toadvise that we would like a signedcontract as this demonstrates acommitment on their part to taking theissue seriously, and that if they stillrefuse to sign we can still pursue furtheraction should the bad behaviourcontinue. This must be followed up inwriting.

� Disclose details of complainants.

After the meeting

Do

� Complete the Incident Record Bookstraight after the interview. This is a veryimportant document which will be usedas evidence should further action bepursued.

� In the case of young people, copy thecontract to social services, children andfamilies team, where they know theyoung person. The police are responsiblefor sending a copy to the youthoffending team.

� Notify patrolling police officers.

� Notify the estate services officers, otherhousing officers, housing assistants,senior caretaker and relevant caretakersthat a contract has been drawn up andrequest assistance in monitoring furtheractivities.

� Write to thank those present for theirattendance and to confirm the outcome,attaching a further copy of theagreement. Advise who has been givencopies of the contract. This will help toserve as a reminder of what the

implications are should the young personcarry out further anti-social acts.

� Monitor the contract for 6 months. Ifthere is a further incident, regardless ofhow minor it may seem, you must bringthis to the attention of the lead officerso that consideration can be given to anyfurther action. This could range fromsending a letter to re-iterate the terms ofthe contract, to applying for a possessionorder or an anti-social behaviour order. Itis most important not to let a furtherincident pass by seemingly unnoticed.

� Liaise with partner agencies if there is areport of a further incident or trouble onthe estate. At the very least monthlyupdates must be provided at meetingsbetween police and housing officers.Officers should visit the young personwith the contract, as part of themonitoring process, on at least twooccasions within the six-monthmonitoring period. A written record ofthe outcome must be kept on file.

� Ensure that any further incidents aredocumented in the incident record bookpromptly.

� Write to the young person at the end ofthe 6 month period. In the letteracknowledge that the contract period hascome to an end, thank them for keepingto the terms of the agreement andremind them of the implications shouldthere be a repeat of the unacceptablebehaviour in future.

Don’t

� Generally provide complainants (orothers) with details of individual youngpeople with a contract, but DO publicisethe fact that a number of young peoplewithin the area have signed a contract.This could act as a deterrent to others aswell as encourage the reporting ofincidents.

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TERMS OF REFERENCE

What are its aims?

� To prevent crime and reduce anti socialbehaviour among young people aged 8 -17 through agencies working togetherover a short period.

� To provide a single route of referral forchildren and young people needingsupport from different agencies.

� To make sure that agencies worktogether in the best possible way withchildren and young people.

PARTNERSHIP

Rationale

Government research suggests that youngpeoples' lives today are significantly differentfrom those of previous generations and thattheir exposure to risk behaviour starts earlierand is more intense. One of the mostimportant indicators of future seriousoffending is the age of an individual's earlyinvolvement in violent behaviour andoffending. Many serious and persistent youngoffenders can be traced back to their earlychildhood problems and experiences and it isincreasingly being recognised that there arehuge benefits of intervening early in life inorder to promote positive outcomes forchildren and young people. Interventions aremore likely to be successful if they occurbefore problem behaviour becomesentrenched and if agencies work together todevelop an integrated approach.

The main benefits of the proposed approachare that it:� Holds public bodies and agencies

accountable for delivering main streamservices

� Ensures that preventing youth crime is atthe centre of main stream public servicesresponsibility

� Provides a local planning structure torespond to public and political concernsabout offending and anti socialbehaviour experienced by communities

� Ensures that children at risk and theirfamilies receive services at the earliestopportunity

� Provides a mechanism for exchanginginformation on individual risk factorsand problem behaviour

� Reduces the demand on public serviceproviders for acute and crisisintervention or services

� Reduces the number of children enteringthe criminal justice system andpotentially becoming persistent offenders

The project will result in a common andsystematic process to tackle youth anti socialbehaviour in a way that minimises the use ofcriminal law or ASBOs. It is built upon threeassumptions:

1. The majority of parents, if informed,will prevent their children from repeatacts of anti social behaviour.

2. A smaller number of parents have aninterest in their child stopping the antisocial behaviour but they and or theirchild require support to achieve thisoutcome.

3. A very small proportion of parentsare disinterested in the behaviour oftheir child and alternative strategies arerequired to prevent further anti socialbehaviour.

Who are Camden Youth?

The Camden Youth Inclusion Support Panels(CYISPs) are for children and young peopleaged 8 -17 who live in the London Boroughof Camden and who are causing concern thatthey might become involved in crime or antisocial behaviour, or who are already becominginvolved in such activities. Reasons for this

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concern might include truancy, exclusion fromschool, nuisance behaviour, difficulties athome, or drug, mental health or childprotection issues.

How many Panels will there be?

There will be five panels across the LondonBorough of Camden. These will correspondwith the area which come under thejurisdiction of the Police Sector Teams andthe District Housing Offices and will be asfollows:� Camden Town

� Gospel Oak

� Hampstead

� Holborn

� Kentish Town

What is the role of the Panels?The Panels will put forward the names ofindividuals who have come to their attentionas a result of low level anti social behaviour.These names can come from any of the Panelmembers. They will use the expertise of therepresentatives involved to decide whether theyoung person should be referred to thenominated support agency. The decision willbe based on the information received fromthe agencies present and a set of risk factorswhich, if present, indicate that a child / youngperson may become involved in offendingbehaviour. The Panels will hold statutorybodies and agencies accountable for deliveringservices and provide a focus for co-ordinatingand analysing the sharing of inter-agencyinformation on risk factors and problembehaviour. The Panels will meet on a monthlybasis.

MEMBERSHIP OF CAMDEN YOUTHINCLUSION SUPPORT PANELS

Camden Youth Inclusion Support Panels willhave a standing core membership which willbe lead by a Chair and will typically involverepresentatives from the Police, the Youth

Offending Team, Victim Support, Health,Education, schools local to the area, the PlayService, the Youth Service, Housing, localcouncillors, the Community Safety Team,voluntary organisations, Connexions and theAnti Social Behaviour Action Group. This isnot an exhaustive list and from time to timepanel meetings will also involve other agenciesthat are closely involved with the children andyoung people. Other agencies can come andgo according to the person being discussed,for example, it may be appropriate on someoccasions to invite a Registered SocialLandlord where referrals reside within theirproperties. The overall decision regarding theconstitution of the Panel will rest with theChair.

An important factor for the effectivefunctioning of the panel will be consistentattendance at panel meetings. Arrangementswill need to be agreed locally to ensure thateach agency has a nominated deputy to makecertain of full attendance at panel meetings.Each of the five Camden Youth InclusionSupport Panels will be serviced by anadministrator whose role will include takingand distributing Minutes from the Panelmeetings, circulating the agendas and settingand maintaining a database for recording andmonitoring cases.

YISP Steering Group

The governance of the YISPs is heldstrategically by the Chief Officers’ Groupwhich has responsibility for Camden’s YouthCrime Reduction Strategy. The YISP SteeringGroup reports direct to the Chief Officers’Group and will be responsible for theevaluation of the YISPs and annual trainingplan for YISP members.

What is the role of the Chair within thePanels?

The chair will play a pivotal role in ensuringthat the Panels function efficiently whilstadopting a professional and business like

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manner. Their role within the Panel willinclude: overseeing the drafting of the agenda,guiding proceedings in an orderly manner,identifying resources within the local area thatprovide support for young people and theirfamilies, facilitating new initiatives, ensuringthat all business is effectively conducted andconcluded as far as possible, making the finaldecision of the constitution of the Panels.The very nature and frequency of themeetings of the Panel and the responsibilitiesthat lie therein will result in a workload thatmay become heavy. The Chair will thereforeneed to have the ability to manage the Panelsefficiently and responsibly to progressbusiness.

THE ROLE OF THE SUPPORT AGENCYAND THEIR RELATIONSHIP TO THEPANELS

Where appropriate, the Panels will referindividuals to a support service. The supportservice will seek permission from theparent/carer and young person to work withthem to address the issues affecting or havingan influence on them and will put together anAction Plan of possible interventions thatcould be used to support the young person.These could include:� One-to-one work

� Support and advice on such areas asdrugs, sexual health, benefits, housing,mental health issues

� Mentoring

� Group work

� Parent and family support

� Leisure activities

� Sport

� Volunteering opportunities

� Training

� Careers advice

� Support with educational issues

� Counselling

Support work may be carried out by stafffrom the departments and key workersrepresented on the YISP such as the YouthOffending Team, Positive Action for YoungPeople, Education and Youth andConnexions. Where appropriate and wherelocal boundaries permit, support work willalso be provided by specified agencies. Thesemay include Families in Focus (Camden andHolborn), Coram Fields (Holborn), theAlexandra Resource Centre (Hampstead),Transitions, the Neighbourhood Youth Project(Kentish Town), Camden’s Community SportsDevelopment Team and Holiday Activities forYoung Somalis.

To enable the work of the panels and thesupport service to work effectively, the panelsand the support agency will need to develop alocal strategy for targeting and weightingbehaviour according to different levels ofservice. This would typically involve thefollowing but there will be some flexibilitywithin the process:

1. A letter to parent or carers informingthem about young people found committingacts of anti social behaviour and theconsequences of repeat misbehaviour.

2. A home visit.

3. If the young person continues tocommit acts of anti social behaviour thepanel will make a decision about whetherthey should sign up to an AcceptableBehaviour Agreement. For young peopleunder the age of 10, the Panel willdecide on whether the parent / carershould be invited to sign up to a ParentalGuidance Agreement. At this stage thePanel will decide on whether supportshould be provided to the youth and,where appropriate, the family, to upholdthe Agreement. This support will beprovided by one of the three nominatedSupport Agencies.

4. Integrated support plan for the youngperson.

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5. If the young person's behaviour doesnot improve, or where the young person/ carer refuses to engage in anAcceptable Behaviour Agreement, anAnti Social Behaviour Order (ASBO)may be considered for referral to anASBO consultation group.

Traditionally within this approach, childrenand young people move up a stage if theirbehaviour does not improve or if they cometo the attention of the Police or Housingwithin a short time period. However someyoung people may go direct to stage 5 due tothe seriousness of their anti social behaviour.

It is suggested that the support service willbegin to work with the young person and ortheir family who are willing to co-operatefrom around stage 2 - 3 using a combinationof the sources of intervention mentionedabove as part of a support package. It will bethe responsibility of the Panel and the supportservice to ensure that a proper course ofaction is implemented after work has beencompleted. The representative from thesupport service will be responsible for feedingback information on the progress of theyoung person they are working with.

The criteria for a young person's successfulengagement with the support service shouldinclude factors relating to: � Their level of co-operation with the

Support Agency.

� Improvements in behaviour andreductions in offending or anti socialbehaviour.

� Any reported increase in participationlevels in education and other services.

What are the criteria for nominations tothe Panels?

� Aged 8 - 17 inclusive

� Residents of the London Borough ofCamden

� Young people whose behaviour causesconcern over potential involvement inoffending behaviour or who areexperiencing factors which tend to leadtowards such behaviour

� There must be a belief that interventionwill have a positive effect.

� Parent/carer and child/young personmust be willing to take part in theprocess.

REFERRAL PROCESS

A referral form should be completed for allcases referred to the Panels. The referral formwill enable the panel to make an informeddecision on whether a young person should bereferred to the nominated support service.The referral form will capture the basicinformation on the young person and theirfamily and the reason for the referral, togetherwith information on their involvement withthem. It will be the duty of the Panelmembers to avoid duplication and gaps and toensure that a co-ordinated approach isadhered to. Information that could beincluded is as follows:

Schools:

Truancy and exclusion, incidences of bullyingand violence. Achievement levels

Local Education Authority, includingEducation Welfare and Connexions:

Admission records and transfer requests,young people picked up by truancy patrols

Social Services:

Young people on the child protection register,children looked after and young people usingdrugs

Housing:

Young people reported for nuisance, antisocial behaviour and criminal behaviour

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Youth Offending Team and Probation:Young people who have family membersinvolved in offending or who have receivedFinal Warnings.

Youth Service:

Young people contacted by detached andyouth workers not engaged in positiveactivities and involved in anti social behaviour.

Play Service:

Children brought to the attention of the PlayService and not engaged in positive activitiesand engaged in anti social behaviour.

Police:

Young people involved in offending under10years, young people exposed to domesticviolence and children who have received areprimand.

The administrator will be responsible foracting as a central point for receiving allcompleted referral forms and for updating theIdentification Referral and Tracking system.The Panel will make the decision aboutwhether the young person is referred to asupport service.

It is an important principle of the initiative forall referrals to support services to be carriedout with the consent of the young person andtheir parent/carer. The support service will beresponsible for obtaining written consentfrom the parents or carers for intensive workto be done with the young person and forthem to be discussed within the Panel.

Information Sharing

An integral aspect of the Panels will be thesharing and storage of sensitive personalisedinformation on an individual's circumstancesand risk factors related to predictingoffending.

Existing legislation (e.g. Crime and DisorderAct 1998, section 115) allows and enables thesharing of personalised information betweencertain agencies for the purpose of preventingand reducing crime by young people who areat risk of becoming involved in offending orwho have offended.

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Produced by COI on behalf of the Home Offi ce, August 2007. Ref: 283428 ISBN 978-1-84726-50 -34