What is an ASB Case Review?
An ASB Case Review‘s goal is to promote cooperative problem-solving across relevant organisations while addressing persistent instances of antisocial behaviour. The Antisocial Behaviour, Crime and Policing Act 2014 offers an avenue for assisting victims of ASB through the implementation of ASB Case Reviews, formerly known as “Community Triggers.” In cases when issues persist, the ASB Case Review provides a chance to ensure that partners, law enforcement, and councils have taken necessary steps to address the situation and take appropriate action.
Who can apply for an ASB Case Review?
Anyone acting on behalf of the victim, such as a family member, caregiver, or even an MP, may also request an ASB Case Review; however, if this person is not the victim, written consent will be required.
A victim or a victim’s representative can activate an ASB Case Review if they have complained to their local authority, the police and/or a registered housing provider (social landlord) on 3 or more occasions about separate incidents in the past 6 months. Each incident of anti-social behaviour must have been reported within one month of it happening. This is called the threshold. If the threshold is not met the case review will not occur.
For the purposes of the ASB Case Review procedures, the definition of a qualifying complaint under Section 104 of the Act is:
- the complaint is made within one month, beginning with the date on which the behaviour is alleged to have occurred; and
- the application for the ASB Case Review is made within six months of beginning with the date on which the complaint was made
In addition, regard will be given to:
- the persistence of the ASB about which the original complaint was made;
- the harm caused, or the potential for harm to be caused, by that behaviour and;
- the adequacy of the response to that behaviour
How to apply for an ASB Case Review?
If your case satisfies the threshold set out above and you would like to use the case review process, please contact the following depending on which local authority area you live in:
When completing the form, you will need to give details of:
- each time you have complained.
- who was involved (name, organisation and/or Incident Reference Number)
- the incident(s) of antisocial behaviour
What can I expect?
Once you have activated the ASB Case Review, agencies must decide whether or not the threshold has been met. This decision will be made within 10 working days.
If the threshold is met, a case review will be undertaken by partner agencies. The group will review how the partnership has responded to include sharing of information, reviewing actions already taken, and if necessary, make recommendations on how the problem can be resolved. This review will take place within 21 days of the decision being made.
Each victim has the right to appeal the decisions made by the panel (regarding whether or not the threshold has been met – or with the decision made at the review stage). Appeals will be heard within 15 working days of the appeal being received.
You will be notified at each step of the process what is happening with your application.