The Challenge of Antisocial Behaviour: New Relationships between the State, Children and Parents

Posted: 29 Feb 2008

See all articles by Alison Cleland

Alison Cleland

University of Strathclyde - School of Law

Kay Tisdall

University of Edinburgh - School of Social and Political Science

Abstract

Relationships between children, parents and the state do not remain the same over time and are not necessarily consistent at any one time across policy arenas. These relationships, though, can remain unexamined and individually negotiated until they are highlighted by major policy change. Such a change has recently occured in Scotland, where the Antisocial Behaviour etc. (Scotland) Act 2004 has extended Antisocial Behaviour Orders (ASBOs) to children and introduced Parenting Orders (POs), which can require parents to attend counselling or guidance sessions. ASBOs shift state intervention from focusing on children's welfare and needs to focusing on their behaviour. The welfare-based children's hearing system will no longer be the primary decision-making forum as the court is the decision-maker for both these new orders. POs emphasize parents' responsibility for controlling their children. POs provide a direct route for parents to receive support, which they did not have before, but only through a compulsory order. Both children and their parents will be held responsible to their communities' values, in new court-enforced mechanisms.

Suggested Citation

Cleland, Alison and Tisdall, Kay, The Challenge of Antisocial Behaviour: New Relationships between the State, Children and Parents. International Journal of Law, Policy and the Family, Vol. 19, No. 3, pp. 395-420, 2005, Available at SSRN: https://ssrn.com/abstract=915438

Alison Cleland (Contact Author)

University of Strathclyde - School of Law ( email )

Lord Hope Building
John Anderson Campus 141 St. James' Rd
Glasgow G4 0LT, Scotland G4 0LT
United Kingdom

HOME PAGE: http://kara.mis.strath.ac.uk/Teldir/control/searchresults?surname=cleland&dept=12866&Search=Search

Kay Tisdall

University of Edinburgh - School of Social and Political Science ( email )

Edinburgh, EH8 9LL
United Kingdom
+44 (0)131 650 3930 (Phone)

HOME PAGE: http://www.sps.ed.ac.uk/staff/tisdall.html

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