ASB Case review

We know that, where left unchecked, antisocial behaviour can have an overwhelming impact on its victims and, in some cases, on the wider community.

The ASB Case Review, previously known as the ‘Community Trigger’ gives victims who have persistently reported problems of antisocial behaviour the right to request a multi-agency review of their case, where they believe their report has not been properly addressed.

If the case meets the threshold then the relevant bodies have a statutory duty to undertake that review.

Relevant bodies

The relevant bodies include the:

• Relevant London borough council for the area
• Police force covering the area
• Relevant clinical commissioning group in England
• Local providers of social housing who are co-opted into the local arrangement

Waltham Forest Community Safety Service has recently reviewed the ASB case review process to ensure it is compliant with the provisions of the Anti-Social Behaviour, Crime and Policing Act 2014.

The ASB Case Review threshold is automatically met where:

1. An application for an ASB case review is made, and
2. At least three qualifying complaints have been made about the anti-social behaviour to which the application relates.

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

When considering any application for an ASB Case Review, ASB means behaviour causing harassment, alarm or distress to any member or members of the public.

Applications for ASB Case Reviews made anonymously, or which are considered to be frivolous and/or vexatious, will not be considered.
 

A victim or someone acting on their behalf should use the ASB Case review if they have reported antisocial behaviour to the Council, Police and/or a registered housing provider (social landlord) three times about separate incidents in the last six months or multiple complaints (5 or more) of the same incident.

The Trigger cannot be used to report general acts of crime or hate crime and does not replace the formal complaints procedures of individual organisations.

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

Once you've activated the ASB Case review, the Community Safety lead will decide if the threshold has been met. This will take 10 working days.

If the threshold is met, relevant agencies will review your case.

They'll look at how the partnership has responded to:

• sharing information
• reviewing actions already taken
• if necessary make recommendations on how to resolve the problem

This review will happen within 28 days of the decision being made.

Each victim can appeal the panel's decisions (regarding whether or not the threshold has been met or with the decision made at the review stage).

For Waltham Forest, appeals will be considered by the Head of Community Safety. We will hear appeals within 15 working days of the appeal being received.