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  12. Anti-Social Behaviour Case Review

Anti-Social Behaviour Case Review

The Anti-Social Behaviour Case Review (previously known as the Community Trigger) allows victims of persistent anti-social behaviour (ASB) to request a formal review of their case, where the local threshold is met. 

The threshold in Lincolnshire:

  • The victim has reported three separate, but related incidents (Qualifying Complaints, as detailed below) to either the district council, police, or registered housing provider within the preceding 6-months to the application and the ASB persists.

OR 

  • A senior manager (district council Community Safety Manager/Police Inspector) within the authority decides that an ASB Case Review is necessary to safeguard a vulnerable victim of ASB.

An incident must be a 'Qualifying Complaint'.  A Qualifying Complaint is an incident that has been reported to either the district 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 ASB Case Review request, agencies must also 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 the response to anti-social behaviour.

The ASB Case Review brings agencies (such as the police, district council and registered housing provider) together to take a joined up, problem solving approach to try to find a solution to the ongoing ASB.

The ASB Case Review does not replace an agency's own complaints procedure, which you should use if you are unhappy about the service received from an individual officer, or agency.  The ASB Case Review will not address concerns about the service provided by the agencies involved in the case.

Who can use the ASB Case Review?

A victim of ASB, or another person acting on behalf of the victim (with their consent), such as a carer or family member, Member of Parliament, local councillor or other professional.  The victim may be an individual, a business or a community group.

How do I request an ASB Case Review?

A victim, or someone acting on their behalf, can request an ASB Case Review by completing an ASB Case Review request form, this can be completed using any of the following methods:

  • downloadable form: ASB Case Review Form (PDF, 233 KB) - Returnable by email: communitysafety@sholland.gov.uk or by post to: Community Safety and Enforcement Team, South Holland District Council, Council Offices, Priory Road, Spalding, Lincolnshire. PE11 2XE
  • by telephone: 01775 761161 - ask to speak to a member of the Community Safety and Enforcement Team
  • To request a copy of the form, write to: Community Safety Team, South Holland District Council, Council Offices, Priory Road, Spalding, Lincolnshire. PE11 2XE

It is recommended that you read the section on 'How will we use your information?' prior to submitting an ASB Case Review application.

What can I expect?

Once you have made a request for an ASB Case Review it will be assigned to a specific point of contact (SPOC) who has had no direct involvement in the case to coordinate the request. The SPOC will collate the necessary information from the 'relevant bodies' (which includes Lincolnshire police, registered housing providers, and relevant district council departments) to establish whether the threshold has been met. 

Where the threshold is not met you will be contacted and informed of the reasons why. If the threshold is met the SPOC will inform you that the ASB Case Review request has been accepted and provide details on the next steps. You will also be given the opportunity to attend the initial part of the review or provide a written statement to share the impact the ASB has had on you. 

A review of the case will be carried out to identify how partners responded to the incidents reported, and any further actions that can be taken to try to resolve the issues.  Additional agencies not involved in the case might be invited to the meeting, and the meeting will be chaired by someone independent from the case to ensure impartiality. After the review you will be informed of the outcome. 

Information on the number of ASB Case Reviews in Lincolnshire

Each year we publish information on the number of ASB Case Review requests received by district councils across Lincolnshire.  The following information is for the 12-month period from 1st April 2022 to 31st March 2023:

  • The number of applications for the Community Trigger received: 12*
  • The number of times the threshold for review was not met: 6
  • The number of Community Trigger case reviews carried out: 4
  • The number of Community Trigger case reviews that resulted in recommendations being made: 2

* Two applications had met the threshold for review but at the time this data was collated the reviews were scheduled but had not been carried out, which is reflected in the figures.

A copy of the ASB Case Review Policy and Procedures for Lincolnshire is available upon request. The policy has been developed with the guidance of ASB Help (a national charity providing advice and support to victims of ASB), through their PLEDGE scheme.  This seeks to encourage all agencies involved in the ASB Case Review process to embed best practice into their policy and procedures.

How will we use your information?

To process your application, we will need to share the information you provide with the 'relevant bodies' which includes Lincolnshire police, registered housing providers, and relevant district council departments. These bodies will also share information about your application to help determine whether it meets the threshold for review. If an application proceeds to a case review under the Anti-Social Behaviour, Crime & 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. This includes the Youth Offending Service, where the ASB involves someone who is under 18 years old.

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 request 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.

A copy of the Lincolnshire Policy and Procedures document is available upon request.

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