What is an ASB Case Review?
The ASB Crime and Policing Act 2014 outlines the Antisocial Behaviour (ASB) Case Review process – formerly known as Community Trigger.
The Review is used for victims of persistent ASB. To request a review, victims should have reported ASB incidents to any of the main responsible agencies at least three times in the past six months.
When the locally-set threshold has been met, the relevant organisations (local authorities, police, health and social housing providers) must undertake a multi-agency case review.
Following the review, the lead agency will inform the applicant of any action to be taken.
Who can raise an ASB Case Review?
Any victim of ASB can make a request for a Review. In addition, they can ask a third party to make the request on their behalf.
The third party may be a family member, friend or locally-elected representative (a councillor or MP).
The victim may be an individual, a business or a community group. However, you cannot request a Review anonymously.
How ASB Case Review works
Each local area sets a threshold, which must be met for the Review to be used.
In each of Cleveland’s four areas, the local council is the lead agency for the ASB Case Review.
The locally-set threshold in each Cleveland area is:
- An individual has made three or more separate reports about the same problem in the last six months to the council, police or landlord
- More than one individual, business or community group has made five or more reports about the same problem in the last six months to the council, police or landlord
The relevant bodies and responsible authorities, who undertake case reviews, are the following:
- Councils;
- Police;
- Clinical Commissioning Groups (CCGs;)
- Registered social housing providers.
Relevant bodies must publish their Review procedure to ensure victims are aware they can apply in appropriate circumstances.
The information should be published on the website of all relevant bodies. It should signpost the public to the lead agency’s website, a point of contact and the procedures for activating the Review process.
Appeal Process
The review procedure must include a process for the victim to appeal.
Appeals take place if the applicant is dissatisfied with the way, in which a review has been carried out.
In Cleveland, the OPCC deals with appeals from all four local authorities. However, an ASB Case Review can only go to the OPCC for the following reasons:
- Threshold – The relevant bodies have rejected an application on the basis that the threshold has not been met and the victim disagrees with that assessment
- Process – The ASB Case Review has failed to consider a relevant process, policy or protocol.
- Evidence – The review has failed to consider relevant factual information given in evidence.
Terms and conditions
The OPCC will not accept appeals purely on the basis of the following:
- The applicant does not agree with the Review panel’s decision;
- The applicant is dissatisfied that a particular agency has not used an enforcement tool – even after the review judged that its use would not be appropriate.
The role of the OPCC is to consider due process. It must ensure that relevant bodies have properly and effectively undertaken a Review.
On appeal, the OPCC can either:
- Uphold the appeal and refer it back to the relevant bodies. The OPCC can ask them to either review the threshold decision or consider a particular process, policy, protocol or piece of evidence not previously considered;
- OR, determine that the relevant bodies have reviewed the case, considered all relevant policies, process and protocols satisfactorily in line with its ASB Case Review Procedure.
All requests for an appeal must be made in writing within 10 working days of being told the outcome(s) of the review.
Requests for an appeal must be made directly to the local authority, who dealt with the original case Review.
The local authority will then ask for the applicant’s consent to pass the appeal request – and relevant data – to the OPCC.
Requests for an appeal must clearly state the reasons for asking for the appeal. Any supporting information/evidence, applicant contact details and details of the location of the original case must also be submitted.
The appeal process will be a desk top review and should take no more than 10 working days after receipt of information from the applicant and lead local authority.
Where an applicant continues to dispute the outcome of the appeal, they retain the right to submit a Formal Complaint to the appropriate authorities.
Applicants also retain the right to submit a Formal Complaint to the appropriate authorities’ independent regulators. (Local Government Ombudsman, OPCC Resolution Team, Health Service Ombudsman, Housing Ombudsman).
Both of these complaints routes would sit independently of the ASB Case Review process.
Read more about the appeal process here.
Make a request
You can make a Review request via your local council. Click the following links to visit the website of your local council:
What happens next?
Agencies must decide whether the threshold has been met and tell the victim after he/she requests a Review.
The review encourages a problem-solving approach aimed at dealing with some of the most persistent, complex cases of ASB.
Consideration should always be given to how victims can best express the impact of ASB on their lives.
If the threshold is met….
The relevant bodies undertake a case review. As a result, they share information on the case, review the action taken and decide whether they can take additional steps.
In order to do this effectively, the local Review procedure should clearly state timescales for the Review.
Following the Review, the victim is told the outcome. Agencies also discuss an action plan with the victim, where further action is necessary. This will include timescales.
In addition, the relevant bodies should consider whether further practical and emotional support can be offered if the victim is considered to be particularly vulnerable.
If the threshold is not met…
Although formal procedures will not be invoked, relevant bodies have an opportunity to review the case to determine whether more can be done for the victim/s.