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Anti-Social Behaviour Case Review Policy and Procedure

1. Introduction

The Anti-Social Behaviour Case Review is a statutory provision introduced in the Anti-Social Behaviour, Crime and Policing Act 2014. It is a safety net for victims of anti-social behaviour.

The Case Review is the victim’s right to request a review of their case if they feel that no effective action has been taken to resolve it. The review is not about apportioning blame. Its focus is on problem solving the case, utilising the expertise of partner agencies, to identify a resolution roadmap.

To activate the Anti-Social Behaviour Case Review, the victim must meet a threshold. The threshold test is detailed at Section 5.

The Anti-Social Behaviour Case Review confers responsibilities on relevant bodies including the local authority, police, and registered providers of housing to manage and participate in the community trigger process. 

Further information can be found in the statutory guidance for frontline professionals.

2. Anti-Social Behaviour defined

For the purposes of the Anti-Social Behaviour Case Review, the anti-social behaviour must be serious and persistent in nature. This behaviour is defined as conduct that has caused, or is likely to cause, harassment, alarm, or distress to any person.

3. Purpose

The purpose of the review has been described in the Anti-Social Behaviour, Crime and Policing Act 2014:

"To give victims and communities the right to request a review of their case where a local threshold is met, and to bring agencies together to take a joined up, problem-solving approach to find a solution for the victim".

4. Principles

The Anti-Social Behaviour Case Review is only available to victims of serious and persistent anti-social behaviour where they feel no effective action has been taken to resolve their case. It is not an alternative complaints procedure and will not review concerns about service provision.

West Northamptonshire Council is the administrator of the Anti-Social Behaviour Case Review across the areas of Northampton, Daventry and South Northants. 

Relevant bodies and responsible authorities are required to take responsibility for the review process also. For a full list of relevant bodies and responsible authorities, please refer to Section 6.

This Policy is compliant with the Statutory Guidance for Frontline Professionals, and future amendments, as outlined in the Anti-Social Behaviour, Crime and Policing Act 2014.

5. Qualifying Complaints and Thresholds

To activate the Anti-Social Behaviour Case Review a victim must meet a threshold test. 

This is met when:

  • the victim has reported three separate incidents (Qualifying Complaints) to either the council, police, or registered provider of housing within the preceding 6-month period and feels no effective action has been taken to resolve the ASB
  • the victim has reported one hate incident or crime motivated by hate (due to race, religion, disability, sexual orientation, or transgender identity) in the last six months, the case has been to the relevant Hate and ASB Action Group and no effective action has been taken to resolve the matter
  • a senior manager within the authority decides that an Anti-Social Behaviour Case Review is necessary to safeguard a vulnerable victim of anti-social behaviour

An incident must be a ‘Qualifying Complaint’. A Qualifying Complaint is an incident that has been reported to either the council, police, or registered provider of housing within 30 days of it taking place.

A single incident which is reported to more than one agency only constitutes as one Qualifying Complaint.

When considering an Anti-Social Behaviour Case Review activation request, the administering authority must have due regard for:

  • the persistence of the anti-social behaviour
  • the harm or potential harm caused by the anti-social behaviour
  • the adequacy of response to the anti-social behaviour

Regardless of the previous actions taken in the case, if the anti-social behaviour persists, an activation request should be accepted to determine what new or alternative actions are more likely to be effective to resolve it.

6. Relevant bodies and responsible authorities

The relevant bodies and responsible authorities are outlined in the statutory guidance as:

  • local authorities
  • Police
  • Clinical Commissioning Groups (CCG)
  • Registered providers of social housing

In the local context of this policy, the relevant bodies and responsible authorities are:

  • West Northamptonshire Council (WNC)
  • Northamptonshire Police (NP)
  • Northamptonshire Clinical Commissioning Group (NCCG)

Registered providers of social housing who provide accommodation in the West Northamptonshire area.

The Anti-Social Behaviour Case Review must include a representative(s) from at least 3 of the agencies list above but should also include representatives from other agencies relevant to the case. This could include Northamptonshire Fire and Rescue Service, NHFT, mental health, and drug and alcohol support agencies.

7. Information sharing

For the Anti-Social Behaviour Case Review process to be effective, relevant information must be shared across relevant bodies and partner agencies under the following legislation:

  • the Anti-Social Behaviour, Crime and Policing Act 2014 requires relevant bodies to share information pertinent to an Anti-Social Behaviour Case Review activation and review. (please refer to schedule 4, para 6(2))
    • Where a request is made to an agency which does not exercise public functions, that agency may comply with the request subject to para 7(4) Anti-Social Behaviour, Crime and Policing Act 2014.
      Paragraph 7 (4) of Schedule 4 Anti-Social Behaviour, Crime and Policing Act 2014 provides the disclosure of information is not required where it relates to non-exempt personal data which would be a breach of Data Protection legislation, a breach of any obligation of confidence owed by the person making the disclosure, or which is prohibited by parts 1 to 7 of Chapter 1 of Part 9 of the Regulation of Investigatory Powers Act 2016
  • Schedule 2 5(b) to the Data Protection Act 1998
  • Section 115 Crime and Disorder Act 1998

8. Who can raise an Anti-Social Behaviour Case Review

  • a victim can be an individual person, business, or community group
  • a third party can make an application for a review on behalf of a victim, with their consent. This can include a friend, relative, carer, councillor, Member of Parliament, or another professional person. We will still need to contact the victim to establish the facts and may need to confirm this consent
  • a senior manager Assistant Director Housing and Communities within the authority decides that a review is necessary to safeguard a vulnerable victim of anti-social behaviour (please refer to section 5)

9. Who is not suitable for the Anti-Social Behaviour Case Review

  • a person who wishes to remain anonymous in the Anti-Social Behaviour Case Review application
  • a person who wants a review of a Crown Prosecution Service (CPS) decision in relation to the prosecution or non-prosecution of a criminal offence
  • a person who is dissatisfied with a decision made by a civil or criminal court
  • a person whose complaint is about service provision only

10. How to raise an Anti-Social Behaviour Case Review in West Northamptonshire

West Northamptonshire Council administers and coordinates the Anti-Social Behaviour Case Review in the areas of Northampton, Daventry and South Northants. It does not matter which agency a victim has reported incidents to, West Northamptonshire Council will obtain the details of incidents relevant to the application.

A victim can activate the review by any of the following methods:

11. The Anti-Social Behaviour Case Review Activation Request Procedure

Upon receipt of an activation request, the Community Safety Manager will acknowledge receipt of the activation request within 5 working days from the date of the trigger application.

The Community Safety Manager will confirm if the threshold is met. Good conscience and professional judgement should be exercised to allow the review to progress, even when the threshold is not met, where there are concerns about risk and vulnerability. Timelines contained within this policy should be viewed as maximum timeframes.

Where the threshold is not met, a letter informing the applicant of the reasons why, should be sent within 10 working days post acknowledging receipt. The letter should include details of the appeal process which sits with West Northamptonshire Council.

Where the review activation is accepted, the Community Safety Manager will identify an appropriate SPOC (specific point of contact) to manage the case review process. The SPOC will have had no direct involvement in the case.

The Community Safety Manager will provide an outline of the next steps of the review process, contact details for the SPOC and associated timescales within 10 working days from the date the community trigger activation is acknowledged. 

The letter will advise the victim of support and advocacy agencies available to them and how they can be referred. The letter should also detail how the victim’s voice will be heard at the review: either by attendance at the start of the Panel meeting or through a written victim impact statement.

The SPOC will contact the victim within 5 working days and complete an Anti-Social Behaviour Case Review Contact Form.

Where the victim cannot be reached initially, the designated SPOC should make reasonable efforts to contact them (letter, phone, email, visit etc). Where contact cannot be made, the review will be listed as withdrawn and closed and confirmation of this sent by letter to the victim 10 working days.

Where contact with the victim is made, ideally by phone, the SPOC will complete an Anti-Social Behaviour Case Review contact form to gather information about the incidents of anti-social behaviour and agency involvement in the case. 

The Northamptonshire victim risk assessment (screening tool) will be completed and the VOICE victims and witness service offered.

On completion of the form the SPOC will complete an Agency Response form. The form will require identified partners and responsible agencies to provide information on the reports they have received, and details of any actions taken. The agency should be informed of the timeframe to return the information.

Other agencies, relevant to the case, such as mental health or drug and alcohol services should also be engaged with citing the existing information sharing agreements, memorandum of understanding, information sharing permitted by the Crime and Disorder Act 1998, Anti-Social Behaviour Act 2014 and Data Protection Act/GDPR 2018.

The named SPOC will contact agency representatives to arrange the date and time of the review. This will include an independent chair and minute taker. 

As a minimum, the panel must include representatives from:

  • West Northamptonshire Council (Community Safety or equivalent Manager)
  • Police (Neighbourhood Inspector)
  • Social Housing Provider (Area Manager level)
  • CCG (Management level)
  • Anti-Social Behaviour Case Review SPOC (to present)

Any recommendations or appropriate actions identified during the initial review process, where an immediate risk of physical or mental harm is present, should be actioned and should not be unduly delayed until the meeting of the panel. Any interim actions taken should be communicated to the nominated SPOC.

The Anti-Social Behaviour Case Review must be convened with consideration of the information in the Chair’s pack and Appendix 1 (informal and formal enforcement list) and terms of reference.

After the review, the SPOC will inform the victim of the outcome of the review, ideally by phone call but then formalised in writing within 10 working days. The victim should be informed about the actions agreed, except those actions which identify the perpetrators protected personal and sensitive data.

Minutes of the review, and the action plan must be circulated to all panel members by the nominated SPOC within 5 working days.

All panel members who have actions to complete must endeavour to do so within the timeframe allocated. Panel members must inform the SPOC when actions have been completed or to explain why an action is delayed.

Where the circumstances of the case significantly change, the SPOC can request panel members conduct a further review of the case.

12. Appeals

An appeal can be made to West Northamptonshire Council where one of the following measures is satisfied:

  • the decision provided outlining why the case did not meet the threshold for a review has failed to provide sufficient detail to understand why a review did not take place
  • the review has failed to consider a relevant process, policy or protocol
  • the review has failed to consider relevant factual information

Appeals must be made to West Northamptonshire Council within 28 days. The 28 days will start from the date of either the letter informing the applicant their application has not met the threshold for a case review, or the letter informing them of the outcome of a case review.

Appeals can be made by:

13. Monitoring of Action Plan

It is vital to the spirit of the process that the agreed actions are completed in the timeframe set out. It is the responsibility of the agency’s representative to complete their required actions and inform the SPOC when each action is completed.

Where an action is not completed within the agreed timeframe the SPOC will contact the person assigned the action. If the action remains outstanding for more than three weeks the SPOC will escalate this to the assigned person’s direct line manager. 

Outstanding actions that remain incomplete for more than two months will be escalated to the Head of Service and where the immediate line manager is the Head of Service it will be escalated to the Chief Executive. 

If actions remain incomplete for more than three months this will be escalated to the Chief Executive.

An action is not considered complete until the SPOC is informed. If it is no longer viable, or if the action is no longer necessary because another course of action has resolved the case, then it is the responsibility of the person assigned the action to inform the SPOC. 

That person should also advise what the outcome was so that partners can agree further actions to be completed or whether to re-refer the case for discussion.

14. Additional applications

Where further requests for activation of the Anti-Social Behaviour Case Review are received following a decision, these will be considered on their merit and may be allowed where there is a material change in the circumstances of the case.

Where multiple requests for activation of the Anti-Social Behaviour Case Review are received without good cause, West Northamptonshire Council may refer to ‘The Policy on Unreasonably Persistent Complainants’ or that of the relevant organisation.

Downloadable version

You can download a version of the review:

ASB Case Review Policy and Procedure

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Last updated 16 September 2024