Anti-Social Behaviour Case Review (formerly Community Trigger)

What is the ASB Case Review used for?

The Anti-social Behaviour, Crime and Policing Act 2014 brought in a new additional measure for people who have been victims of repeat anti-social behaviour.  This legislation makes it easier for a victim or someone acting on their behalf to make an application to have their case reviewed:  a review will look at every aspect of the specific case to establish how, when and where all available and appropriate actions were carried out.  See Legislation.gov.uk - ASB Crime & Policing Act 2014.

The ASB Case Review is a process for problem solving and finding solutions for the victim(s), as well as providing a mechanism for multi-agency accountability which cannot be achieved through single agency involvement.

The relevant bodies and responsible authorities are councils, police, clinical commissioning groups and registered providers of social housing.

The ASB Case Review is not a platform for making complaints against organisations or specific individuals who may have input on a case.  Complaints of this nature should be made through the relevant organisation’s formal complaints procedure.

When can I put in an ASB Case Review application?

For your application to be accepted, it must meet the locally agreed threshold. For East & Mid Devon this is:

• The investigation into the anti-social behaviour has been completed.
• The first report of anti-social behaviour was made within one month of the alleged behaviour taking place.
• There have been 3 or more reports of anti-social behaviour to the same agency or multiple agencies in the last 6 months.
• The alleged incidents have all been reported to an agency, e.g. Devon & Cornwall Police, East Devon District Council, Mid Devon District Council or a local Registered Social Landlord.
• The behaviour is likely to cause harassment, alarm or distress (rather than nuisance and annoyance) to members or any members of the public.

How can I put in an ASB Case Review application?

You can activate a Case Review in three ways;

Online - This is the easiest way to request a case review.  The following application form should be downloaded, completed and emailed or posted to Mid Devon District Council:

ASB Case Review Application Form (Word document)

ASB Case Review Application Form (Open document text)

ASB Case Review Application Form (Pdf document)

These files may not be suitable for users of assistive technology.  If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format or to request the form in the post, please email customerservices@middevon.gov.uk or contact us on 01884 255255

By phone - You can contact Devon & Cornwall Police by ringing 101, or if you are deaf, hard of hearing or speech impaired, you can text phone 18001 101.

Alternatively contact the Council's Community Safety Lead Officer on 01884 255255.

In writing - ASB Reviews can be submitted in writing however this is not recommended because a letter may not contain all of the required information to initiate the review process.  Should you prefer to make a request in writing then the application form can be sent to you for completion.

Anonymous ASB Reviews will not be accepted; however the contents will be passed to relevant agencies for intelligence purposes.

Any ASB Reviews received will require the individual to consent to all information being shared with all relevant agencies.

Action for the review

Responding to the ASB Case Review

Upon receipt of the ASB Case Review request, the following actions will be taken by the single point of contact.

• The victim / complainant will be written to acknowledging receipt of the ASB Case Review. This will be within 7 working days of the ASB Case Review being received. This is seen as achievable timeframe as the letter will be a standard letter and there will be no investigation needed prior to the letter being sent out.  The letter will advise that the ASB Case Review has been received and what will happen next.

• The single point of contact (SPOC) will contact all relevant agencies to notify of the ASB Case Review and to seek relevant information to establish if the threshold has been met. Information should be provided within 7 working days from the Review being received.

• On receipt of information from relevant agencies the ASB Case Review Panel will be sent information within 10 working days by the SPOC and joint agreement reached to confirm that the threshold is, or isn’t met.

• If the criteria is not met within 15 working days of the Review activation a letter will be sent to the victim(s) advising the outcome and the reasons as to why the criteria has not been met. Advice and guidance will be given to them on how to report any further problems and details of the appeals process provided.

• If it is found the Review threshold is met the SPOC will notify all relevant agencies in order that they gather information / documentation ready for a Trigger Panel Review that will be held within 25 working days of the Review activation.

Undertaking the ASB Case Review Assessment

Within 25 working days of receiving an ASB Case Review, all of the relevant agencies will meet to hold a Review Panel, if the case meets the threshold.

To meet legislative guidance the relevant bodies to participate in the review should be:

• District Council
• Chief of Local Police
• Clinical Commissioning Group
• Representation from providers of Social Housing

There should be a minimum of 3 agencies present to review the case and wherever possible it would be beneficial to have the representation of an agency that had not been previously involved in the case in order to maximise transparency.

Outcomes of the Review

The victim(s)/complainant will be notified of the outcome within 5 working days of the Review Panel meeting.

• The criteria is not met The Panel may decide that the ASB Case Review criteria has not been met after all. A letter will be sent to the victim(s) advising the outcome and the reasons as to why the criteria has not been met. Advice and guidance will be given to them on how to report any further problems and details of the appeals process provided.

• The criteria has been met but no further action will be taken The Panel agrees that the ASB Case Review criteria has been met however currently there is no further action that can be taken (e.g. ongoing investigations / pending court cases / insufficient evidence to proceed). Advice and guidance will be given to them on how to report any further incidents and details of the appeals process provided.

• The criteria has been met and the Panel agrees that the ASB Case Review has been met and recommendations and actions will be agreed for further investigation. This may include additional actions for agencies which have previously been involved in the case, or new actions for agencies which may not previously have been involved. A single point of contact will be agreed to lead on the case and a letter will be sent to the victim(s) informing them of the proposed actions. The Review will remain on the Panel’s agenda for monitoring until the process has been closed.

Appeals

Appeals of the ASB Case Review can be made to the Devon and Cornwall Police and Crime Commissioner.  Please refer to Office of the Police and Crime Commissioner Devon and Cornwall website.