Anti-Social Behaviour and Anti-social Behaviour Case Reviews
What is Anti-Social Behaviour?
Anti-social behaviour (ASB) is behaviour that has caused, or is likely to cause, harassment, alarm, or distress to members of the public. ASB is a broad term used to describe the day-to-day incidents of crime, nuisance and disorder that make many people’s lives a misery.
The broad nature of ASB means that responsibility for dealing with it rests across several agencies and agencies work together to reduce the harm persistent ASB can cause.
What is an ASB Case Review?
The ASB Case Review (previously called Community Trigger) was introduced by the Anti-Social Behaviour Crime and Policing Act 2014 and is a process by which victims of ASB can request a review of their case and bring agencies together to take a joined up, problem solving approach to find a solution.
The ASB Case Review is not a substitute or alternative to formal complaints procedures.
Who can use the ASB Case Review?
Any Dorset based resident, community or business may use the ASB Case Review to request a review of their case. The community may be a loose group of affected residents or a formal community group or resident’s association. The community may be a few people or a larger group.
What is NOT suitable for the ASB Case Review?
- If you have reported ASB and been given a timescale for response, which has not run out.
- If you have reported ASB and received a service but you are unhappy with the conduct of an agency. You may be advised to submit a complaint under the agency’s complaints procedures.
How do I request an ASB Case Review?
Dorset Council and Bournemouth, Christchurch and Poole Council administer and set the thresholds for the ASB Case Review process in Dorset.
To qualify for the ASB Case Review, the following criteria must be met:
- Three reports from one person or a community regarding three separate incidents of anti-social behaviour reported to any local agency within a six-month period.
- To meet the threshold each incident must have been reported to at least one agency within one month of the incident occurring.
- To qualify the first reported incident must be within six months of applying for a case review under the ASB Case Review procedure.
- The behaviour complained of must be classified as anti-social behaviour capable of achieving the threshold.
- One report of hate/prejudice made to a local agency within six months of the review application where the victim believes inadequate, or no action has been taken.
Agencies must be provided with adequate time to respond to the report or to take meaningful action.
To request a review of your ASB case please visit the following council webpages to complete an application:
What happens next?
If the threshold is met, an ASB Case Review will be undertaken by the Council. Agencies will share information related to the case, review what action has previously been taken and decide whether additional actions are required. The review should encourage a problem-solving approach aimed at dealing with some of the most persistent, complex cases of anti-social behaviour.
All local ASB Case Review procedures should clearly state the timescales in which the review will be undertaken.
The victim must be informed of the outcome of the ASB Case Review. Where further actions are necessary an action plan will be discussed with the victim, including timescales.
Can I appeal the outcome of my ASB Case Review?
There is no direct right of appeal within the ASB Case Review Procedure as described in the Anti-social Behaviour, Crime & Policing Act 2014.
An appeal may be made to the Dorset Office of the Police and Crime Commissioner if the grounds for appeal are that the Local Authority did not follow the procedures set out in the Pan Dorset ASB Case Review Procedure.
Appeals should be first submitted to the council who carried the ASB Case Review, within 4 weeks of notification of the outcome of the Case Review.
The Police and Crime Commissioner (PCC) does not have any statutory powers with regards to the ASB Case Review process and can only make recommendations.
The PCC cannot direct the Relevant Bodies which undertake the ASB Case Reviews to take a different action or overturn their decision.