Decision Reference Number: WPCC3-0135
Lead Officer: Marie Darwen, Policy and Partnerships Officer
Chief Officer approval: N/A
Date: 15/03/2024
Status: Non-confidential
Decision summary:
The Anti-Social Behaviour (ASB) Case Review (previously called the Community Trigger) is a power available under the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act). It provides victims and communities with a greater say in the way anti-social behaviour is dealt with by giving them the ability to request a review of their case if they feel that insufficient action has been taken to resolve the matter.
I confirm that my register of interests declaration is up to date and that none of my interests preclude me from making this decision.
Signature: P.Seccombe
Date: 26/03/2024
Supporting information
1. Background information
The Anti-Social Behaviour (ASB) Case Review (previously called the Community Trigger) is a power available under the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act). It provides victims and communities with a greater say in the way anti-social behaviour is dealt with by giving them the ability to request a review of their case if they feel that insufficient action has been taken to resolve the matter.
Anyone who has been the victim of anti-social behaviour (or another person acting on behalf of the victim with their consent) can apply for an ASB Case Review to be undertaken. The victim may be an individual, a business or a community group.
Anti-social behaviour is defined by the Act as:
- conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
- conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
- conduct capable of causing housing-related nuisance or annoyance to any person.
The ASB Case Review procedure is not a complaints process and if an individual is unhappy with a service they have received from any agency they should consider making a formal complaint by contacting the organisation directly. If an ASB Case Review is carried out this does not remove the option to make a formal complaint.
The Act also states that local procedures for the carrying out of ASB Case Reviews must include a process for the victim to appeal. In Warwickshire it has been agreed that this appeals process will be conducted independently by the Office of the Police and Crime Commissioner (OPCC) for Warwickshire and this document sets out how this will be undertaken.
All applicants should be made aware of their right to appeal if they are informed that the threshold for a case review has not been met, or at the conclusion of a case review if one is undertaken.
2. List of additional information attached as appendices
3. Expected benefits
A victim of anti-social behaviour (or another person acting on their behalf with their consent) can make an appeal in relation to an ASB Case Review if they are dissatisfied with:
- the decision by the relevant bodies on whether the threshold for a Case Review was met (i.e. the application was declined on the basis the threshold was not met), or
- the way in which the case review has been carried out by the relevant bodies
4. Impact of not approving the application
Denying the right of a victim and/or communities with a greater say in the way anti-social behaviour is dealt with by giving them the ability to request a review of their case if they feel that insufficient action has been taken to resolve the matter.
5. Costs (including any identified savings)
If greater knowledge and utilisation of these alternatives could ease the current volume of work within the criminal justice system, then hopefully this could generate savings across the multiple criminal justice organisations involved (e.g., multiple costs associated with court proceedings, and holding persons in custody and/or imprisonment).
6. Equality considerations
As this is a public facing document (via OPCC Warwickshire’s website), all victims of anti-social behaviour have a reference point regarding how to make an appeal.
7. Legal comments
The Anti-Social Behaviour (ASB) Case Review (previously called the Community Trigger) is a power available under the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act).
8. Social or Environmental considerations
The public will be able to transparency of review/appeals process, increasing public confidence.
9. Publication
This document is published on OPCC Warwickshire’s website – current version available here
Comments from the Treasurer
Increased utilisation of alternative resolutions within the criminal justice system may deliver efficiencies that could generate cashable and non-cashable savings across multiple criminal justice organisations.
Comments from the Chief Executive and Monitoring Officer
This policy supports the ASB appeals process being utilised, whilst emphasis being victim focused, and evidencing reflective learning where appropriate.
