AntiSocial Behaviour - Loitering Youths

 

Youths loitering in areas can cause some vulnerable residents to feel threatened and anxious. There are a range of measures available to deal with this problem, depending on what the situation is.

Unsupervised youths on the street at night are a concern, particularly if the area has a problem with anti-social behaviour. If it does, the police have powers to move groups away and between the hours of 9pm and 6am they can take home unsupervised children under the age of 10 if they designate the area as problematic.

Truanting children can be a source of anti-social behaviour, but the Youth Offending Team which can be contacted via the police station has powers to force parents to take responsibility for their offspring. You should contact them with the details of the truanting child.

Because the law does not recognise criminal responsibility in children under the age of ten, they cannot be arrested or charged by the police. However, the council has powers to force the parents to enter into a "parenting contract" whereby they are responsible for their child's behaviour.

If none of the measures fully suit, there is always the option of imposing an ASBO if the problem is recurring and it is the same individuals causing the distress.

The Law

Under the Anti-Social Behaviour Act 2003 the police can designate an area where there is a large and persistent problem of anti-social behaviour. Once the area has been designated, the police have powers to disperse groups and take unsupervised children under the age of ten home between the house of 9pm and 6am

Section 19 of the Anti-Social Behaviour Act 2003 gives schools and Local Education Authorities the power to enter into Parenting Contracts with the parents of a child who has truanted or been excluded from school.

Under Section 25 , Youth Offending Teams can enter into Parenting Contracts with the parents of a child who has committed or is likely to commit crime or anti-social behaviour.

Children under the age of ten are under the legal age of criminal responsibility so Sections 11 and 12 of the Crime and Disorder Act 1998 allow magistrates to impose a parenting order to force the parents to stop the child's behaviour, working alongside a "responsible officer" which could be a social worker or a member of the youth offending team.

Page last updated/reviewed 30th December 2009