The Anti-social Behaviour Case Review
The Anti-social Behaviour (ASB) Case Review (formally known as the ‘Community Trigger’) is a process which allows members of the community to ask the local Community Safety Partnership (CSP) to undertake a multi-agency review of the response to complaints of ASB.
The review is designed to bring agencies together to take a joined up, problem-solving approach to find a solution for the victim(s) of ASB.
What Anti-Social Behaviour is
ASB is defined in Section 2 of the Anti-social Behaviour Crime and Policing Act 2014 as:
(1) In this Part “anti-social behaviour” means -
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c) conduct capable of causing housing-related nuisance or annoyance to any person.
(2) Subsection (1)(b) applies only where the injunction under section 1 is applied for by -
(a) a housing provider,
(b) a local authority, or
(c) a chief officer of police.
(3) In subsection (1)(c) “housing-related” means directly or indirectly relating to the housing management functions of -
(a) a housing provider, or
(b) a local authority.
(4) For the purposes of subsection (3) the housing management functions of a housing provider or a local authority include -
(a) functions conferred by or under an enactment;
(b) the powers and duties of the housing provider or local authority as the holder of an estate or interest in housing accommodation.
What can be considered for an Anti-social Behaviour Case review
An ASB Case Review can be requested for any case where there has been three (or more) reports of ASB made to Cheshire Police, Cheshire East Council, or a Registered Provider (RP) of housing within the CSPs area which have been made within six-months from the date on which the complaint is made.
All complaints must have been made to these agencies within one month of them occurring.
A victim can be an individual person, business, or community group. Third parties can also make applications for an ASB Case Review on a victim’s behalf with their consent.
An ASB Case review can also be considered for any ASB cases where the persistence of the anti-social behaviour, the harm caused (or the potential for harm to be caused), or the adequacy of the response justifies a review being completed, even with a lesser number of complaints made to responsible agencies.
All ASB Case Review requests are considered on a case-by-case basis.
What is not suitable for an Anti-social Behaviour Case Review
The ASB Case Review cannot be used to review a Crown Prosecution Service (CPS) decision in relation to the prosecution or non-prosecution of a criminal offence, or a decision made by a civil or criminal court.
The ASB Case Review is not an alternative to agencies complaints procedures, in these circumstances it may be more appropriate to use the appropriate agency’s complaints procedures.
What will happen next
When the necessary information has been provided and consent to share information has been given the CSP will review the request and inform you whether the ASB Case Review has been accepted within five working days* of being submitted.
If your ASB Case Review application does not meet the criteria for a case review, we may still refer your enquiry to our ASB team for further local analysis and support.
If accepted the relevant information will be requested from agencies to undertake the review.
The review may be completed at an in person or online meeting or may be conducted based on written inputs only depending on the circumstances of the case.
Victims will be given the opportunity to describe the impact the ASB has had on them either by providing a written statement or by attending a part of the ASB Case Review to describe the harm should they wish.
An ASB Case Review will be completed within 15 working days* of the victim(s) being acknowledged that their request has been successful.
After an ASB Case Review the victim(s) will be notified of the outcome within five working days* and any learning shared with the Community Safety Partnership.
* Where the CSP is reviewing a complicated ASB case, or where there are extraordinary pressures on partner agencies needed to conduct the review, timelines may be extended by up to 10 working days when authorised by senior leaders. Any extensions will be communicated to the applicant as soon as possible.
How to apply for an Anti-social Behaviour Case Review
You can request the Anti-social Behaviour Case Review by any of the methods below.
- Email: Safer@cheshireeast.gov.uk
- Phone: 0300 123 5500 you must state that you would like to request an Anti-social Behaviour Case Review
- Post: Safer Cheshire East Partnership, Partnership Office, Ground Floor, Macclesfield Police Station, Brunswick Street, Macclesfield. SK10 1HQ
Any application made via email, post or telephone must meet the reporting thresholds outlined above and provide the necessary information to enable the circumstances to be fully assessed.
Written consent must be provided for your information to be shared with relevant agencies in order to undertake an ASB Behaviour Case Review.
ASB Case Review appeals process
If the ASB case review has not followed the process, or the review has failed to consider relevant factual information, or a critical piece of evidence, an appeal can be requested within 28 days of being notified of the outcome.
To request a review please contact the CSP via:
- Email: Safer@cheshireeast.gov.uk
- Phone: 0300 123 5500 you must state that you would like to request an Anti-social Behaviour Case Review Appeal by the Community Safety team.
- Post: Safer Cheshire East Partnership, Partnership Office, Ground Floor, Macclesfield Police Station, Brunswick Street, Macclesfield. SK10 1HQ
Data on previous Anti-social Behaviour Case Review requests
Page last reviewed: 30 October 2024
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