Anti-social Behaviour Case Reviews
The legal definition of anti-social behaviour according to the Anti-Social Behaviour, Crime and Policing Act 2014 is:-
- Conduct that has caused or is likely to cause harassment, alarm, or distress to any person.
- Conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or
- Conduct capable of causing housing-related nuisance or annoyance to any person.
How to report an antisocial behaviour incident and ASB help
Victims of antisocial behaviour can report incidents to their local Council, Devon and Cornwall Police, your local clinical commissioning group and/or a Registered Housing Provider (social landlord).
Antisocial behaviour can be reported on the Devon and Cornwall Police website here.
ASB help provide help and support for victims of anti-social behaviour.
You can find more information about victim support services commissioned by the Police and Crime Commissioner here.
The Antisocial Behaviour Case Review
The Antisocial Behaviour, Crime and Policing Act 2014 introduced a Case Review process for victims of persistent anti-social behaviour which seeks to support those that have been affected and have already reported these events or complained to the relevant local agency. It does this by reviewing actions that have been previously undertaken by local authorities to address the ASB and adopts a partnership and problem-solving approach to design a new action plan aimed at resolving the issue/s.
Devon and Cornwall Police and the region’s Community Safety Partnerships (CSP’s) are working in consultation with the Police and Crime Commissioner (PCC) to deliver Anti-social Behaviour Case Reviews across Devon, Cornwall and the Isles of Scilly
Threshold for the Antisocial Behaviour Case Review
Where an individual has complained to a local Council, Devon and Cornwall Police, a clinical commissioning group and/or a Registered Housing Provider (social landlord) three times about separate incidents of anti-social behaviour in the last six months, and those incidents have been reported within one month of occurring he/she should meet the threshold for his/her local Anti-social Behaviour Case Review.
Additional information on antisocial behaviour case reviews is provided on the Devon and Cornwall Police website here.
Local thresholds are are set by the following councils and authorities. They are the Relevant Bodies for Devon, Cornwall and the Isles of Scilly. Underneath each council there is a link supplied regarding Anti-social Behaviour Case Reviews and how to report any ASB issues:
- Cornwall Council
- East Devon District Council
- Exeter City Council
- Council of the Isles of Scilly
- Mid Devon District Council
- North Devon Council
- Plymouth City Council
- South Hams District Council
- Teignbridge District Council
- Torbay Council
- Torridge District Council
- West Devon Borough Council
Antisocial Behaviour Case Review process
An ASB case review may also include the police, local health teams and registered providers of social housing. These agencies also have a duty to undertake a case review when requested providing the case meets the locally defined threshold.
The other Relevant Bodies for the ASB Case Review Devon, Cornwall and the Isles of Scilly include Devon and Cornwall Police, NHS Devon, NHS Cornwall and the Isles of Scilly and social housing providers within the region.
If the threshold is met, an ASB Case Review will be undertaken by the partner agencies. Agencies will share information related to the case, review what action has previously been taken and decide whether additional actions are required. The review should encourage a problem-solving approach aimed at dealing with some of the most persistent, complex cases of anti-social behaviour.
It should also be noted that when a request for a case review does not meet the threshold, a victim’s vulnerability will be considered to establish whether a review should proceed in any case.
All local ASB Case Review procedures should clearly state the timescales in which the review will be undertaken.
The victim must be informed of the outcome of the review. Where further actions are necessary an action plan will be discussed with the victim, including timescales.
Escalation of the Antisocial Behavoiur Case Review process to the Police and Crime Commissioner
Home Office statutory guidance published in July 2014 (updated June 2022) states that ‘The procedure must include provision for a person to request a review of the way an application for an ASB Case Review was dealt with, and also the way their ASB Case review was carried out.’
The Police & Crime Commissioner (PCC) has agreed that her Office of the Police and Crime Commissioner (OPCC) will receive requests for review in these circumstances for Devon, Cornwall and the Isles of Scilly. Escalation to the PCC may be utilised where an individual is dissatisfied with the ASB Case Review procedure in the following circumstances:
1. The Relevant Bodies have rejected an application to use the ASB Case Review on the basis that the threshold has not been met and the Victim considers that the threshold has been met;
2. The ASB Case Review has failed to consider a relevant process, policy or protocol;
3. The ASB Case Review has failed to consider relevant factual evidenced information.