The ASB Case review has been introduced under the Anti-Social Behaviour, Crime and Policing Act 2014. Where a person or a group of individuals have made complaints about anti-social behaviour and they do think the response to the complaints has been adequate, then a Case Review can be requested.
For a Case Review to be undertaken the following threshold must be met;
- an application for an ASB Case Review is made; and
- at least three qualifying complaints have been made about the anti-social behaviour to which the application relates
The ASB Case Review process does not deal with complaints relating to a single organisation. If all of your complaints relate to the same organisation, you should follow that organisation’s complaints procedure. If you are not satisfied with their response you can escalate your complaint to the regulatory body for that organisation and details on how to do this will be contained within the organisation’s complaints procedure. Regulatory bodies have legal powers to enforce recommendations which they make.
A complaint about anti-social behaviour is a qualifying complaint if;
- the complaint is made within the period of one month beginning with the date on which the behaviour is alleged to have occurred; and
- the application for an ASB Case Review is made within the period of six months beginning with the date on which the complaint is made
Each of the individual qualifying complaints must have been reported within one month of each alleged incident occurring.
If part B is not met, the Review Panel will consider the following factors in determining whether the threshold is met;
- the persistence of the alleged anti-social behaviour;
- the harm or potential harm caused by the alleged anti-social behaviour; and;
- the adequacy of the response from the agencies to which the complaints were made
How do I apply for an ASB Case Review?
- You can apply online be completing the application form and submitting it electronically
- You can email email@example.com and request an application form
- You can telephone Community Safety Services on 0161 770 1573 and request an application form
- You can write to ASB Case Review, Community Safety Services, Level 9, Civic Centre, West Street, Oldham, OL1 1UT
What happens when I request the ASB Case Review?
Within two working days of receipt of the ASB Case Review application form, the Community Safety Services Manager will write to you to acknowledge receipt.
If the threshold for the Case Review is not met the Community Safety Services Manager will write to you to explain the reasons why .
If the threshold is met then the Community Safety Services Manager will commence the Review and will endeavour to provide a full response detailing the outcome within 20 working days. However if the review is of a complex nature and is likely to take longer than 20 days you will be advised in writing of this.
How is the ASB Case Review conducted?
Upon receipt of the application form, the Community Safety Services Manager will write to the relevant agencies enclosing a copy of your application form, and will ask them to provide any relevant information in relation to your complaint. Agencies will be asked to return information within 10 working days.
The Community Safety Services Manager will then convene the ASB Case Review Panel.
The core Review Panel will consist of;
- The Community Safety Services Manager – Oldham Council
- A Chief Inspector from Greater Manchester Police
- The Community Safety Manager from First Choice Homes Oldham
The Panel must be independent and must not have been involved in any of the qualifying complaints being reviewed. Therefore if any core Panel member is involved, they will be replaced by an alternative member, to be agreed by the remaining core Panel members.
In addition to meeting, the ASB Case Review Panel may correspond through telephone conferencing or by email.
The first task for the Panel is to determine if the threshold is met.
If the threshold is met then the Panel will examine all the information about the alleged complaint and the actions taken in response.
The outcome of the ASB Case Review will be either;
- That all appropriate actions have been taken and there is no further action necessary; or
- Some further action should be taken and the Panel will make recommendations to the appropriate agency(ies) about the further actions.
The Community Safety Services manager will write to you to confirm the outcome of the ASB Case Review. If further actions are recommended, then you will be provided with an action plan confirming what the recommendations are, which organisation is responsible for them and the date by which they should be completed.
Whilst the ASB Case Review Panel may make recommendations, it is important to note that Panel does not have legal powers to enforce the recommendations. Should recommendations be made and not actioned by an organisation, then you should follow that organisations complaints procedure and can include the recommendations within your complaint. You may also bring the recommendations to the attention of the organisations regulatory body. Regulatory bodies do have legal powers to enforce recommendations which they make.
The letter will also include details of how to appeal the decision(s) of the ASB Case Review Panel, if you are not satisfied with the outcome.
ASB Case Review Reporting Periods Statistical Data
The Anti-Social Behaviour, Crime and Policing Act 2014 requires publication of the statistical data in relation to ASB Case reviews requested in a local government area at the end of each reporting period. The reporting period for Oldham is 6 monthly from the commencement date of s104 of the Act which is the relevant part. The commencement date for this part was the 20th October 2014