Guidance on requesting an Anti-social Behaviour Case Review
Those affected by anti-social behaviour have the right to request a formal, multi-agency review of the response to their reports of anti-social behaviour. This is known as an Anti-social Behaviour (ASB) Case Review.
The ASB Case Review should only be used if you think the anti-social behaviour is on-going and either there has been no response, or there has been an inadequate response, from the agencies responsible for dealing with the anti-social behaviour.
The purpose of the ASB Case Review is to consider how to deal with serious persistent, or targeted, anti-social behaviour that the relevant bodies have been unable to tackle successfully.
ASB Case Review threshold
To submit an ASB Case Review application form you must meet the 'threshold'.
That is, you have made three or more ‘qualifying complaints’ about related incidents of anti-social behaviour that occurred on separate occasions, within the last six months.
To be classed as a ‘qualifying complaint’, you must have formally reported the anti-social behaviour to the relevant organisation within one month of it happening.
The anti-social behaviour should have been reported either in writing, by email, by telephone, or by visiting the offices of the relevant organisation. A discussion with an officer of an organisation whilst they are on-site in the community will not normally be considered, unless it is to a police officer or police community support officer (PCSO) on duty.
For the purposes of deciding whether the threshold is met, we can only consider incidents that have occurred within the last six months.
If your case does not meet the ASB Case Review threshold, we will not be able to conduct an ASB Case Review, but we will still look at ways that we can support you.
Completing the ASB Case Review application form
We are unable to progress incomplete applications, so please ensure full details are provided on your application form.
Below are details of the questions you will need to complete on the form. A * next to a question indicates that it must be completed. There are additional questions for you to provide more information to support your application, if you wish.
Question 1 - On what basis are you making an application for an Anti-social Behaviour Case Review?*
We need to know if you are the person affected by the anti-social behaviour or if you are submitting an application on someone else’s behalf.
If you are the person affected by the anti-social behaviour, tick ‘a’ and complete your personal details at Question 3.
If you prefer, someone else can complete the ASB Case Review application on your behalf, but we will need your written consent (or evidence of their authority to act on your behalf, such as a Lasting Power of Attorney) to enable us to progress the application. (See ‘third party applications’ below for further information).
If you are acting on behalf of the person affected by the anti-social behaviour, tick ‘b’ and complete your personal details at Question 2.
Question 2 - Details of the applicant who is acting on behalf of the person(s) affected by the anti-social behaviour*
If you ticked ‘1b’ because you are acting on behalf of the person(s) affected by the anti-social behaviour, complete your personal details.
Question 3 - Details of the person(s) affected by the anti-social behaviour*
Complete the personal details of the person affected by the anti-social behaviour.
Question 4 - Briefly describe the type of anti-social behaviour you have been experiencing.*
Full details of the individual incidents are required at Question 5, so this is a short summary of the anti-social behaviour, which you would like us to review.
Question 5 - Please provide details of the anti-social behaviour incidents – who reported the incidents, when they were reported, who they were reported to and how.*
In order for us to fully review your application, we need information about the incidents of anti-social behaviour you have reported:
- dates of the anti-social behaviour
- details of the anti-social behaviour – what happened?
- who reported the anti-social behaviour? (this should be the person detailed at Question 2 or Question 3)
- the date the incident was reported
- which organisation the incident was reported to
- how it was reported to that organisation – for example in writing, over the phone, in person, online
If there are more than five reported incidents of the anti-social behaviour, please attach a separate sheet with the details.
Question 6 - How has the anti-social behaviour affected you / the person you are acting on behalf of?
We want to understand the impact of the anti-social behaviour on the person experiencing it.
Question 7 - What action has been taken, to your knowledge?
Please tell us what action any of the organisations involved in dealing with the anti-social behaviour have taken.
Question 8 - What further action are you hoping for?
We want to understand what you want to happen as a result of the ASB Case Review.
Question 9 - Have you any special circumstances that we need to take into consideration? If so, please provide details.
Please include anything relating to your personal circumstances that you feel is relevant to the application.
Question 10 - Please provide any other information relevant to your ASB Case Review application.
You will be asked to sign the form, but if you are completing it electronically this can be done at a later date.
If you require further assistance with completing the form, please email firstname.lastname@example.org.
How we will use your information
In order to undertake an ASB Case Review we need to share information, provided on your completed application form, with the ‘relevant bodies’.
The ‘relevant bodies’ are the organisations which have been involved in your case, and may include district, borough or city council, the police, clinical commissioning group, or the local housing provider. In addition, the Youth Offending Service will be involved, where the anti-social behaviour involves someone who is under 18.
We will use the information you provide to enable us to facilitate a review of your case, under the Anti-social Behaviour, Crime and Policing Act 2014. The ‘relevant bodies’ will share relevant, necessary and proportionate information to enable them to review the incidents you have reported and the action that has been taken, or could be taken, to resolve the situation.
In some cases, it may be necessary to share information with other partners, that the relevant bodies deem appropriate to be involved in the review process, to help resolve your case.
To process your personal data, we will rely upon Article 6(c) of the General Data Protection Regulations, in that it is ‘necessary to comply with a legal obligation’. This is because the Anti-Social Behaviour, Crime and Policing Act 2014 places a legal obligation on the relevant bodies to undertake an ASB Case Review and share relevant information when a valid ASB Case Review application is received.
Where it is necessary to process any of your personal data which falls within a 'special category', we will rely upon Article 9, 2(g) of the General Data Protection Regulations, in that it is the substantial public interest, based on the lawful requirement to conduct an ASB Case Review, and is proportionate for that purpose. We will also meet the substantial public interest condition at Schedule 1 Part 2, (6) of the Data Protection Act 2018, in that the processing is necessary for a statutory purpose.
'Special categories' of personal data include personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or a person’s sex life or their sexual orientation.
Please, therefore, ensure the information you provide is accurate and confirm this by ticking the box.
For further information about how we will use your information, see our Community Safety Partnership Privacy Notice.
Third party applications
If you are applying for the ASB Case Review on behalf of someone else, the application form must be accompanied by evidence that you have the authority to act on the victim's behalf. It is your responsibility to supply this.
Where the victim is competent to give consent, this evidence must take the form of written consent from the victim, authorising you to make the application on their behalf and to receive information about the application from the relevant bodies. Where the victim is not competent to give consent, other evidence must be supplied (such as a Lasting Power of Attorney).
The ASB Case Review Application Form will not be processed until the written consent of the person, detailed as being affected by the anti-social behaviour, or the evidence of your authority to act on the victim’s behalf, has been provided.
Submitting your Anti-Social Behaviour Case Review application
All ASB Case Review applications relating to Chesterfield must be submitted by email to email@example.com or by post to:
Community Safety Partnership
If you require assistance completing the application form, please email firstname.lastname@example.org.
What happens next?
When a completed ASB Case Review application form is received, we will acknowledge receipt within 5 working days.
We will review the information you have provided, to determine whether your case meets the threshold. If it doesn't meet the threshold, you will be advised in writing within 15 working days of us receiving your completed application.
If your application does meet the threshold, an ASB Case Review will take place within 40 working days of us receiving your completed application. This will involve agencies sharing information, such as the police, housing, environmental health, social care and health providers, depending on the nature of your case. The ASB Case Review will discuss the issues you raise, consider what actions have already been taken and consider recommendations for additional action to resolve the problem.
You, or the person applying for the ASB Case Review on your behalf, will be invited to attend part of the ASB Case Review meeting. If you do not wish to attend, you will be given the option to provide a written victim statement.
Within 5 days of the meeting, we will inform you of the outcome and recommendations.
If you are not satisfied with the outcome of the ASB Case Review, you can lodge an appeal with the Office of the Police and Crime Commissioner for Derbyshire, within 28 days of being notified of your application. For more information go to the Derbyshire PCC website.
We welcome the opportunity to review cases of anti-social behaviour, but ASB Case Review applications may be rejected if they are thought to be prejudicial, discriminatory, malicious, unreasonable or vexatious.