Victims and communities have a say in the way anti-social behaviour is dealt with in their area - the ASB Case Review. 

The ASB Case Review will allow victims and communities to request a review of their case, where the locally defined threshold is met. It is part of the Anti-social Behaviour, Crime and Policing Act 2014.

Once the request is processed this would bring agencies together to take a joined-up, problem-solving approach to find a solution.

Also, all agencies will be using the ASB Case Review as a way of health checking that they are working well together, that they are sharing the right information effectively and addressing root causes of anti-social behaviour.

Thresholds 

In order to start the ASB Case Review process and a subsequent case review, the following thresholds have been set.

The test that needs to be met is:

  • One person has reported 3 separate incidents relating to the same problem in the past 6 months or
  • One person reported 1 incident or crime motivated by hate in the last six months and no action has been taken or
  • At least 5 people have made reports about the same problem in the past 6 months and no action has been taken.

The law sets out what will be considered a 'qualifying complaint' for using the ASB Case Review. The purpose of this is to prevent someone reporting historical incidents of anti-social behaviour in order to use the ASB Case Review. The legislation sets out the following standards:

  • the anti-social behaviour was reported within one month of the alleged behaviour taking place; and
  • the application to use the ASB Case Review is made within six months of the report of antisocial behaviour.

For the purpose of the ASB Case Review, anti-social behaviour is said to be behaviour causing harassment, alarm or distress to a member, or members, of the public. However, when deciding whether the threshold is met, agencies will consider the cumulative effect of the incidents and consider the harm or potential harm caused to the victim, rather than rigidly deciding whether each incident reached the level of harassment, alarm or distress.

How to request

People can start action through the ASB Case Review in the following ways:

When can an ASB Case Review be used? 

The ASB Case Review can be used by any person on behalf of a victim, for example, a family member, friend, carer, councillor, Member of Parliament or another professional person. This is aimed at making sure that all victims are able to use the ASB Case Review. However, the victim's consent should be asked for by the person using the ASB Case Review on their behalf.

The ASB Case Review can be used by a person of any age. The victim can be an individual, a business or a community group.

Anonymous reports will not qualify; the panel must be able to see when the reports were made, who by and how those reports were responded to. Also, people cannot just report an address and not give their details or the details when any reports or complaints were made.

The ASB Case Review process does not replace an organisation's own complaints process, nor does it override an organisation's ability to carry out actions they think are necessary. It does not mean the reporter cannot later take the matter to the respective ombudsman for that organisation if they wish.

The ASB Case Review will not start a review of decisions previously made by the Crown Prosecution Service (CPS). If a victim is not satisfied with a decision made by the CPS they should refer to the CPS complaints process and the Victims' Right to Review Scheme.

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