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Brentwood Borough Council Leisure, Arts and Community - Community Safety - Anti-Social...

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Brentwood Borough Council

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Anti-Social Behaviour Case Review

The ASB, Crime and Policing Act 2014 has introduced the ASB Case Review as a new measure designed  to give victims and communities the right to require action is taken where an ongoing problem has not been addressed. The process is designed to make sure that we work together to try and resolve complaints about anti social behaviour. The ASB Case Review helps us and you by making sure that no-one suffering the effects of anti social behaviour falls through the net. It will also ensure that all that can be done is being done.

If you have already reported a problem to the Council, police or housing provider, the ASB Case Review is a way for you to ask the agencies to review your case providing you met the threshold for a review.

ASB Case Review Threshold

  • You (or a person you are acting on behalf of) have complained to the Council, Essex Police and/or housing provider THREE times about SEPARATE incidents of anti-social behaviour within one month of the alleged behaviour; and
  • The application to use the ASB Case Review is made within six months of the report of the anti-social behaviour

OR

  • You (or a person you are acting on behalf of) have complained to the Council, Essex Police and/or housing provider about an incident of Hate Crime within one month of the alleged behaviour; and
  • The application to use the ASB Case Review is made within six months of the report.

How to request an ASB Case Review

Information you will be asked to provide

The ASB Case Review request form is very detailed and you will be asked to provide details of:

  • Dates when you made a complaint about Anti-social Behaviour (ASB) or Hate Crime to the Council, the Police or your housing provider
  • who you reported the incident to
  • incident or reference numbers you have been given
  • plus further information about the incidents reported

See ASB Case Review Guidance for further information on what you will be asked to provide.

ASB Case Review process

When you submit a request for an ASB Case Review; Brentwood Borough Council will ask the agencies involved to provide details of your complaint/s and any actions they have considered and taken.  A decision will be made as to whether your request for an ASB Case Review meets the qualifying conditions.

If your request qualifies for a case review

If your request qualifies for an ASB Case Review then you will receive a letter of confirmation advising you of timescale involved and when the case review should be completed by.  The Councils Community Safety Manager will ensure your request is heard at the next available Local Action Group which will act as the Review Panel for all ASB Case Reviews.  This will be within one month and involve all agencies and/or partners that have had involvement in your case. Those attending the meeting will look at what action has been taken in response to the your report/s of anti-social behaviour. Recommendations will be made to the relevant agencies regarding any future action that will need to be undertaken.

The legislation places a duty on a person who carries out public functions to have a regard to those recommendations. This means that they are not obliged to carry out the recommendations, but that they should acknowledge them and may be challenged if they choose not to carry them out without good reason.  The Community Safety Manager will write to you detailing:

  • the outcome of the case review
  • any recommendations made
  • the appeals process

You will receive this letter within 10 working days of the meeting being held.

If your request does not qualify for a case review

If your request does not qualify for an ASB Case Review then you will receive a letter confirming the outcome explaining why your request has been turned down along with details of the appeals procedure.

Appeals and complaints; if you are not happy with the outcome

You can appeal the decision and outcome of your ASB Case Review. You must submit your appeal in writing within 21 days of receiving your outcome letter.  Your appeal will be forwarded to the Chair of the Brentwood Community Safety Partnership (CSP) who will review the details of the case and decide if there are grounds for an appeal. The Chair of the CSP will also notify the Essex Police and Crime Commissioner of the appeal decision.

Publishing Anti-social Behaviour Case Reviews

There is a duty under the Act to publish data on an annual basis. The data below represents all requests for a case review in Brentwood Borough made to the relevant bodies since the Act came in to force.

 Oct 2014 - Oct 2017
Number of applications for ASB case review1
The number of times threshold for review not met1
The number of ASB case reviews carried out1
The number of ASB case reviews resulting in recommendations being made1

Breadcrumb, my location

Anti-Social Behaviour Case Review

The ASB, Crime and Policing Act 2014 has introduced the ASB Case Review as a new measure designed  to give victims and communities the right to require action is taken where an ongoing problem has not been addressed. The process is designed to make sure that we work together to try and resolve complaints about anti social behaviour. The ASB Case Review helps us and you by making sure that no-one suffering the effects of anti social behaviour falls through the net. It will also ensure that all that can be done is being done.

If you have already reported a problem to the Council, police or housing provider, the ASB Case Review is a way for you to ask the agencies to review your case providing you met the threshold for a review.

ASB Case Review Threshold

  • You (or a person you are acting on behalf of) have complained to the Council, Essex Police and/or housing provider THREE times about SEPARATE incidents of anti-social behaviour within one month of the alleged behaviour; and
  • The application to use the ASB Case Review is made within six months of the report of the anti-social behaviour

OR

  • You (or a person you are acting on behalf of) have complained to the Council, Essex Police and/or housing provider about an incident of Hate Crime within one month of the alleged behaviour; and
  • The application to use the ASB Case Review is made within six months of the report.

How to request an ASB Case Review

Information you will be asked to provide

The ASB Case Review request form is very detailed and you will be asked to provide details of:

  • Dates when you made a complaint about Anti-social Behaviour (ASB) or Hate Crime to the Council, the Police or your housing provider
  • who you reported the incident to
  • incident or reference numbers you have been given
  • plus further information about the incidents reported

See ASB Case Review Guidance for further information on what you will be asked to provide.

ASB Case Review process

When you submit a request for an ASB Case Review; Brentwood Borough Council will ask the agencies involved to provide details of your complaint/s and any actions they have considered and taken.  A decision will be made as to whether your request for an ASB Case Review meets the qualifying conditions.

If your request qualifies for a case review

If your request qualifies for an ASB Case Review then you will receive a letter of confirmation advising you of timescale involved and when the case review should be completed by.  The Councils Community Safety Manager will ensure your request is heard at the next available Local Action Group which will act as the Review Panel for all ASB Case Reviews.  This will be within one month and involve all agencies and/or partners that have had involvement in your case. Those attending the meeting will look at what action has been taken in response to the your report/s of anti-social behaviour. Recommendations will be made to the relevant agencies regarding any future action that will need to be undertaken.

The legislation places a duty on a person who carries out public functions to have a regard to those recommendations. This means that they are not obliged to carry out the recommendations, but that they should acknowledge them and may be challenged if they choose not to carry them out without good reason.  The Community Safety Manager will write to you detailing:

  • the outcome of the case review
  • any recommendations made
  • the appeals process

You will receive this letter within 10 working days of the meeting being held.

If your request does not qualify for a case review

If your request does not qualify for an ASB Case Review then you will receive a letter confirming the outcome explaining why your request has been turned down along with details of the appeals procedure.

Appeals and complaints; if you are not happy with the outcome

You can appeal the decision and outcome of your ASB Case Review. You must submit your appeal in writing within 21 days of receiving your outcome letter.  Your appeal will be forwarded to the Chair of the Brentwood Community Safety Partnership (CSP) who will review the details of the case and decide if there are grounds for an appeal. The Chair of the CSP will also notify the Essex Police and Crime Commissioner of the appeal decision.

Publishing Anti-social Behaviour Case Reviews

There is a duty under the Act to publish data on an annual basis. The data below represents all requests for a case review in Brentwood Borough made to the relevant bodies since the Act came in to force.

 Oct 2014 - Oct 2017
Number of applications for ASB case review1
The number of times threshold for review not met1
The number of ASB case reviews carried out1
The number of ASB case reviews resulting in recommendations being made1