Anti-Social Behaviour Case Review
Anti-social Behaviour Case Review (Community Trigger)
The ASB Case Review, often referred to as the ‘Community Trigger’, is an important statutory safety net for victims of anti-social behaviour who believe they have not had a satisfactory response to their complaints about anti-social behaviour. Where a locally determined threshold is met, victims can require the relevant bodies in the local area to undertake a formal review of the case, and those bodies have a statutory duty to undertake that review.
Victims of ASB will be able to use the ASB Case Review in the event that they feel that partner agencies have not taken adequate action in respect of their complaint. Relevant partners include councils, Essex Police, health providers and registered social housing providers, and these agencies will have a duty to undertake a review when the case meets the defined threshold.
In Essex, a person can use the ASB Case Review process if they have suffered three incidents of ASB within the last six months and believe inadequate action has been taken. However, if the ASB is of a Hate Crime nature, then the threshold will be one incident within last six months where the victim considers inadequate action has been taken.
What qualifies as a complaint?
For the purposes of the ASB Case Review/Community Trigger, a qualifying complaint is:
- Reported Anti-social behaviour to the Council, the Police or your housing provider three or more times, relating to the same issue, in the past 6 months; or
- If you have reported Hate Crime to the Council, the Police or your housing provider just once in the last 6 months; and
- The reports you have made about anti-social behaviour or hate crime must have been made within one month of the alleged incident taking place; and
- The request must be made within six months of the reports about anti-social behaviour or hate crime being reported to the Council, the Police or your housing provider
What information will I need to give?
The ASB Case Review request form is very detailed and you will be asked to provide details of:
- Dates when you made a complaint and Anti-social behaviour (ASB) or Hate to the Council, the Police or your housing provider
- Who you reported the incident/s to
- Incident or reference numbers you have been given
- Plus further information about the incidents reported
What do I need to do?
Complete the online request form or email: email@example.com
What happens next?
A response will be sent to applicant within 10 working days confirming that their request has been received and if the threshold has been met.
If the threshold is met the appropriate agency will co-ordinate the request to partner organisations to identify their involvement and require them to participate in an ASB Case Review, within 10 working days.
The Review panel will meet and review the previous actions in response to the victim’s reports of ASB. Recommendations will be made to relevant agencies regarding any future action that will need to be undertaken.
The Chair of the meeting will write to the applicant detailing:
- The outcome of the case review
- Any recommendations made
- The appeals process
The applicant should receive this with 10 working days of the meeting being held.
What if a request does not quality for a case review?
If the applicants request does not qualify for an ASB Case review then they will receive a letter confirming the outcome explaining why the request was turned down along with details of the appeal process.
Appeals and complaints; if the applicant is unhappy with the outcome
You can appeal the decision and outcome of your ASB Case Review. You must submit your appeal in writing within 21 days of receiving your outcome letter. Your appeal will be forwarded to the chair of the Colchester Community Safety Partnership (CSP), at the address above, who will review the details of the case and decide if there are grounds for an appeal. The Chair of the CSP will also notify the Essex Police, Fire and Crime Commissioner of the appeal decision.
The ASB Case Review – published information
During the period October 2020– October 2021, the Safer Colchester Partnership received two requests for a Case Review. Both cases met the criteria and a review was conducted.