ASB case review (formerly known as community trigger)

ASB case review procedure

The process came into force on 20 October 2014 as part of the Anti-Social Behaviour, Crime and Policing Act 2014. The act is part of the Government’s approach to -

  • crime
  • policing
  • community safety

which marks a shift towards putting the needs of victims first. With the introduction of this legislation, victims of anti-social behaviour will have a tool called the ASB case review - to enable them to request a response to a problem where no solution has been found and issues persist. The ASB case review will give victims and communities the right to request a review of their case and bring agencies together to take a joined up, problem-solving approach to find a solution to some of the most persistent, complex cases of anti-social behaviour.

This process forms part of Hull Community Safety Partnership (CSP) plan and follows the Home Office statutory guidance (July 2014), Reform of Anti-Social Behaviour Powers. Each relevant CSP partner has agreed to this protocol and is willing to meet its needs and requirements.

The relevant bodies and responsible authorities in Hull Community Safety Partnership will be –

  • us - Community Safety Partnership
  • Humberside Police
  • Residential Social Landlords
  • Integrated Care Board

Partnership working

Our Neighbourhood Nuisance Manager will act as the single point of contact for victim(s)/referrer to activate the ASB case review.

Information sharing

Under Schedule 4, Section 7 of the Act, the relevant bodies are required to share relevant information for case reviews where they hold it (subject to the usual requirements of data protection legislation). Requests made to other agencies for information may also be granted if that agency agrees.

Schedule 4 Anti-social Behaviour, Crime and Policing Act 2014

  1. The relevant bodies in a local government area may request any person to disclose information for a purpose connected with the carrying out of an ASB case review
  2. If such a request is made to a person that exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (4)) comply with the request
  3. If such a request is made to a person who is not required by subparagraph (2) to disclose the requested information, the person may (subject to sub-paragraph (4)) comply with the request
  4. This paragraph does not require or authorise -
    1. A disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions, or
    2. A disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000
  5. Subject to that, a disclosure under this paragraph does not breach—
    1. Any obligation of confidence owed by the person making the disclosure, or
    2. Any other restriction on the disclosure of information (however imposed)

The ASB case review threshold

For the purpose of Hull ASB case review, anti-social behaviour is defined as -

“Acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as (the defendant)”.

The ASB case review threshold for Hull is -

If you have reported anti-social behaviour to -

  • us
  • Humberside Police
  • Registered Housing Provider(s) (social landlords)

3 times about separate incidents in the last 6 months, and you consider that no or not enough action has been taken.

And in any other situation, the following may be considered when determining whether the threshold has been met -

  • the persistence of the anti-social behaviour
  • the harm or potential harm caused by the anti-social behaviour
  • whether the incident is hate-related
  • the adequacy of response to the anti-social behaviour

Further, an ASB case review request will be a qualifying application if the -

  • report is made within a period of one month beginning with the date on which the behaviour is alleged to have occurred; and
  • application for an ASB case review is made within a period of six months beginning on the date on which the complaint is made.

Existing complaints policies and procedures

It is accepted by all CSP partners that the ASB case review does not replace partner organisations own complaints policies and procedures. Should a complaint be referred through to the ASB case review that is subsequently identified as being dealt with under a separate channel it cannot be dealt with by the ASB case review process.

Repetitive applications made to the ASB case review process

Repetitive ASB case review requests on the same issue, when there has been no change in circumstances from the initial request, will not be re-investigated.

Persistent or vexatious vomplaints

There may be circumstances when a victim(s)/referrer persists in pursuing an ASB case review request, which has no reasonable basis, or when we and/or other agencies involved in the ASB case review process has already taken reasonable action in response or where some other process should or has been taken.

Whilst we will never dismiss an ASB case review request out of hand, we will exercise our discretion as to when a matter will be regarded as closed in the circumstance described above.

Multi-Agency ASB Case Review Panel

The following partners will be represented at the Multi-Agency ASB case review panel -

  • our Neighbourhood Nuisance Manager
  • Victims Champion
  • Humberside Police - Neighbourhood Policing Team Sergeant

When necessary other RSLs with properties in Hull will be co-opted onto the group when a case involves one (or more) of their tenants. Where other agencies that are not a core member of the Multi-agency ASB case review panel are identified as being involved in a review case, a representative will be invited onto the panel.