Escalations following Community Trigger
The Anti-social Behaviour, Crime and Policing Act 2014 introduced a Case Review process for victims of anti-social behaviour. This process is known as the ‘Community Trigger’.
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 the Community Trigger across Devon, Cornwall and the Isles of Scilly.
Threshold for the Community Trigger
Where an individual has complained to a local authority, 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 Community Trigger Review.
Individuals requiring advice on the local threshold and whether they qualify for a Community Trigger Review should telephone Devon and Cornwall Police on 101. The request will be forwarded to the manager of the Community Trigger for their area.
Local thresholds are set by the following councils and authorities. They are the Relevant Bodies for Devon, Cornwall and the Isles of Scilly:
- 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
A Community Trigger 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 Community Trigger Devon, Cornwall and the Isles of Scilly include Devon and Cornwall Police, NHS Kernow Clinical Commissioning Group, North Eastern and Western Devon Clinical Commissioning Group South Devon, and Torbay Clinical Commissioning Group and social housing providers within the region.
If the threshold is met, a Community Trigger 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 Community Trigger 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 Community Trigger process to the Police and Crime Commissioner
Home Office guidance published in July 2014 states that ‘The procedure must include provision for a person to request a review of the way an application for a Community Trigger was dealt with, and also the way their Community Trigger 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 Community Trigger procedure in the following circumstances:
1. The Relevant Bodies have rejected an application to use the Community Trigger Review on the basis that the threshold has not been met and the Victim considers that the threshold has been met;
2. The Community Trigger Review has failed to consider a relevant process, policy or protocol;
3. The Community Trigger Review has failed to consider relevant factual evidenced information.