My Lords, in Committee, my noble friend Lady Hamwee questioned whether it was appropriate for under-18s to be excluded from their own homes on the grounds of anti-social behaviour. After further consideration, I am content to make a change that ensures that only adults can be excluded from their home where there is a threat of violence or a significant risk of harm to others.
Councils have wider safeguarding duties and other legislation that allows for a child to be removed from the home when it is in their best interest. For instance, local councils already have duties under the Children Act 1989 to safeguard and promote the welfare of children. Where a young person is committing serious anti-social behaviour to the extent that agencies are considering applying for an injunction with the power to exclude that young person from their home, the local council should first consider whether the child is “in need” under the Children Act and if so provide appropriate support as an alternative to simply excluding a young person from their home. A Part 1 injunction could still play a role in transforming the young person’s life as well as protecting victims from further anti-social behaviour. However, if removing them from the family home is considered necessary, this should be done under existing legislation and not just be seen as a chance to disperse the problem to another area.
I do not believe that this change will weaken agencies’ ability to deal with anti-social behaviour caused by minors. Agencies can still apply for an injunction to stop the young person’s behaviour and the court can attach a power of arrest to the order in cases where an individual has either been violent or threatened violence when committing or threatening anti-social behaviour, or where there is a risk of significant harm to another person by that individual. The power of arrest will act as a deterrent and allow the police to take swift action to protect the victim or communities if the injunction is breached. Of course, youth offending teams will play an important role in identifying the problems that drive the young person’s behaviour and measuring the risk they pose to others to ensure that the right action is taken. However, we accept that excluding a young person from their home using an injunction will not be the right action and I therefore commend the amendment to the House. I beg to move.