- Anti-Social Behaviour Case Review
Anti-Social Behaviour Case Review
The ASB Case Review allows victims of anti-social behaviour, whether an individual, a business or a community group, to ask for a review of their case where they feel that either no or inadequate action has been taken to resolve the reported problems.
How can I use the ASB Case Review?
In a case where a complaints of anti-social behaviour have been made, the Police, Local Council, Primary Care Network and Social Housing Providers must carry out an ASB Case Review of the response to that behaviour if an application for such a review is received, and it is determined that the threshold for a review is met.
What is the threshold for the ASB Case Review?
At least three qualifying complaints must have been made about the anti-social behaviour to which the application relates. A complaint about anti-social behaviour is a qualifying complaint if the following criteria are met:
- The complaint is made within a period of one month of the alleged behaviour occurring.
- The application for a case review is received within a period of six months from the date of the first complaint.
The complaint about anti-social behaviour can have been made to any of the following bodies:
- Police
- Local Council
- Primary Care Network
- Social Housing Provider
If you believe your compliant meets the criteria for ASB Case Review you will need to complete an application form. You may complete the application form via telephone 0115 917 3282, by requesting an application form by emailing spc@broxtowe.gov.uk or by writing to:
Broxtowe Borough Council
Foster Avenue, Beeston
Nottingham, NG9 1AB
What happens once I have applied?
Please see the ASB Case Review Procedure in the Supporting Documents section.
Before completing the ASB Case Review form please read the following advice
What is meant by no action taken?
- The reported problems have not been acknowledged, that is, no-one contacted you to advise what the next steps were and advised what action would need to be taken, including action by yourself in order for agencies to progress the case.
- The reported problems have not been appropriately investigated.
- Your vulnerability and/or the potential for harm has not been considered and this has affected potential service delivery.
- No action has been taken because information has not been shared between partners and this has affected potential service delivery.
What is NOT suitable for a ASB Case Review?
- If you have reported ASB which relates to activity which is lawfully undertaken by another party:
- You will be informed that the activity is lawful and no action can be taken under ASB legislation.
- If you have reported ASB however agencies are unable to establish sufficient evidence regarding the identity of the perpetrator/s in order for them to take action or where taking action against the whole community would not be proportional:
- Actions of the agencies to attempt to determine the identity of the perpetrator will be reviewed, as a result of which you may be informed that action can only be taken where the identity of the perpetrator is established.
- If you have reported ASB however agencies are unable to secure, and you are unable to provide the body of corroborated evidence required by agencies for them to lawfully take action:
- You will be asked to provide more evidence to progress the case.
- If you have reported ASB which is considered a low tolerance to normal living conditions:
- You will be signposted to relevant sources of support including mediation.
- If you have reported ASB however have declined to assist agencies in establishing the body of evidence they require to lawfully take action:
- You will be informed of the action you need to take to progress the case.
- In some circumstances it is inappropriate for agencies to take action due to the vulnerabilities of the perpetrator until all avenues of support have been investigated and offered:
- You will be informed this is the case however agencies will be unable lawfully to discuss those vulnerabilities with you.
- If you have reported ASB and received a service but you are unhappy with the service you received or action taken:
- You will be advised to submit a complaint under the agency's complaints procedures.
- If you have reported complaints of ASB that are over six months old:
- You cannot activate an ASB Case Review.
- If you have not reported the ASB within 1 month of the ASB taking place:
- You cannot activate an ASB Case Review.
- If applications are considered to be prejudicial, discriminatory, malicious, unreasonable, vexatious or frivolous, they may be rejected.
Appeal
Following the outcome of the ASB Case Review if the victim is not content with the outcome, then ASB Case Review may be escalated to the Nottinghamshire Police and Crime Commissioner’s Office if one of the following measures is satisfied:
- The ASB Case Review has failed to consider a relevant process, policy or protocol.
- The ASB Case Review has failed to consider relevant factual information.
The role of the Office of the Police and Crime Commissioner (OPCC) will be to consider due process and ensure that the reviewing authority has undertaken an effective and proper review of the case.
When considering the ASB Case Review escalation we can either:
- Uphold the appeal and refer the case back to the reviewing authority asking them to consider a particular process, policy or protocol not previously considered.
- Determine that the reviewing authority has reviewed the case, considering all relevant policies, process and protocols appropriately in line with their ASB Case Review Procedure.
The ASB Case Review cannot be escalated solely because a complainant is dissatisfied that an agency did not use a particular enforcement tool. If the review shows that the agency properly considered using that tool and, based on the facts and its protocols, decided it was not appropriate, the case cannot be taken any further.