Content

Information for Review Process

What is the ASB Review used for?

The Anti-social Behaviour, Crime and Policing Act 2014 brought in a new additional measure for people who have been victims of repeat anti-social behaviour. This legislation makes it easier for a victim or someone acting on their behalf to make an application to have their case reviewed: a review will look at every aspect of the specific case to establish how, when and where all available and appropriate actions were carried out. See Legislation.gov.uk - ASB Crime & Policing Act 2014.

  • The ASB Review is a process for problem solving and finding solutions for the victim(s) which cannot be achieved through single agency involvement.
  • The relevant bodies and responsible authorities are councils, police, clinical commissioning groups and registered providers of social housing.
  • The ASB Review is not a platform for making complaints against organisations or specific individuals who may have input on a case. Complaints of this nature should be made through the relevant organisation’s formal complaints procedure.

When can I put in an ASB Review application?

For your application to be accepted, it must meet the locally agreed threshold. For East & Mid Devon this is:

  • The investigation into the anti-social behaviour has been completed.
  • The first report of anti-social behaviour was made within one month of the alleged behaviour taking place.
  • There have been 3 or more reports of anti-social behaviour to an agency in the last 6 months.
  • The anti-social behaviour has caused Harassment, Alarm or Distress.
  • The alleged incidents have all been reported to an agency, e.g.: Devon & Cornwall Police, East Devon District Council, Mid Devon District Council or a local Registered Social Landlord.
  • The behaviour is likely to cause harassment, alarm or distress (rather than nuisance and annoyance) to members or any members of the public.

How can I put in an ASB Review application?

To activate an ASB Review you can either;

  • Online - An online form has been designed that can be completed and submitted. The completed forms will be sent to the single point of contact.
    ASB Review Application Form.
    These files may not be suitable for users of assistive technology.
    If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format or to request the form in the post, please email environmentalhealth@eastdevon.gov.uk or phone 01404 515616

    By phone - You can contact Devon & Cornwall Police by ringing 101, or if you are deaf, hard of hearing or speech impaired, you can text phone 18001 101.
    Telephone the Council's Community Safety Lead Officer on
    East Devon District – 01404 515616
    Mid Devon District – 01884 255255

    In writing – ASB Review applications can be received in writing however this will not actively be encouraged as a letter may not contain the required information. Should someone prefer to make a request in writing then the online form can be sent to them for completion.
    Anonymous ASB Review applications will not be accepted; however the contents will be passed to relevant agencies for intelligence purposes.
    Any ASB Review application received will require the individual to consent to all information being shared with all relevant agencies.

Action for the review

Responding to the ASB Review

Upon receipt of the ASB Review request, the following actions will be taken by the single point of contact.

  • The victim / complainant will be written to acknowledging receipt of the ASB Review application. This will be within 7 working days of the ASB Review being received. This is seen as achievable timeframe as the letter will be a standard letter and there will be no investigation needed prior to the letter being sent out. Administrative processes will need to be established to ensure that this happens whether the single point of contact (SPOC) is on duty or not. The letter will advise that the ASB Review has been received and what will happen next.
  • The SPOC will contact all relevant agencies to notify of the ASB Review and to seek relevant information to establish if the threshold has been met. Information should be provided within 7 working days from the ASB Review being received.
  • On receipt of information from relevant agencies the ASB Review Panel will be sent information within 10 working days by the SPOC and joint agreement reached to confirm that the threshold is, or isn’t met.
  • If the criteria is not met within 15 working days of the Review activation a letter will be sent to the victim(s) advising the outcome and the reasons as to why the criteria has not been met. Advice and guidance will be given to them on how to report any further problems and details of the appeals process provided.
  • If it is found the Review threshold is met the SPOC will notify all relevant agencies in order that they gather information / documentation ready for a ASB Review Panel Review that will be held within 25 working days of the Review activation.

Undertaking the ASB Review Assessment

Within 25 working days of receiving an ASB Review all of the relevant agencies will meet to hold an ASB Review Panel Review, if the case meets the threshold.
To meet legislative guidance the relevant bodies to participate in the review should be:

  • District Council
  • Chief of Local Police
  • Clinical Commissioning Group
  • Representation from providers of Social Housing

There should be a minimum of 3 agencies present to review the case and wherever possible it would be beneficial to have the representation of an agency that had not been previously involved in the case in order to maximise transparency.

Outcomes of Review

The victim(s)/complainant will be notified of the outcome within 5 working days of the ASB Review Panel Review meeting.

  • The criteria is not met The ASB Review Panel may decide that the ASB Review criteria has not been met after all. A letter will be sent to the victim(s) advising the outcome and the reasons as to why the criteria has not been met. Advice and guidance will be given to them on how to report any further problems and details of the appeals process provided.
  • The criteria has been met but no further action will be taken. The ASB Review Panel agrees that the ASB Review criteria has been met however currently there is no further action that can be taken (e.g. ongoing investigations / pending court cases / insufficient evidence to proceed). Advice and guidance will be given to them on how to report any further incidents and details of the appeals process provided.
  • The criteria has been met and the ASB Review Panel agrees that the ASB Review has been met and recommendations and actions will be agreed for further investigation. This may include additional actions for agencies which have previously been involved in the case, or new actions for agencies which may not previously have been involved. A single point of contact will be agreed to lead on the case and a letter will be sent to the victim(s) informing them of the proposed actions. The trigger will remain on the ASB Review Panel’s agenda for monitoring until the process has been closed.

Appeals

Appeals of the Anti Social Behaviour Review can be made to the Police and Crime Commissioner for Devon, Cornwall and Isles of Scilly. Please refer to The Office of the Police and Crime Commissioner for Devon, Cornwall and the Isles of Scilly website.

Number of ASB case reviews received

ASB case review activations