The Anti-social Behaviour, Crime and Policing Act 2014 was launched on Monday 20th October 2014. The Statutory Guidance for frontline professionals identifies the Commissioner’s role in respect of the ASB Case Review, formerly known as community trigger, which gives victim recourse to challenge where a local response is currently underused:
Role of the Police and Crime Commissioner (PCC): The local PCC must be consulted when the ASB Case Review procedure when it is set up and whenever it is reviewed. Consideration should also be given to consulting the local Community Safety Partnership(s) and other relevant local agencies to ensure a joined-up approach across agencies. Arrangements may be made for the PCC to be directly involved in the ASB Case Review procedure, for example by:
- auditing previous case reviews;
- promoting awareness of the ASB Case review and the relevant processes;
- attending ASB Case Review meetings as an independent partly;
- Convening the relevant bodies to undertake the ASB Case Review;
- providing a route for victims to query the decision on whether the threshold was met or the way the ASB Case Review was carried out; or
- monitoring use of the ASB Case review to identify any learning and best practice to share more widely.
The Police and Crime Commissioner also has responsibilities for the commissioning of victims' services.
The Commissioner is very keen that they are involved in any appeal process which is outlined below:
Appeal Process
Should the ASB victim(s) be not content with the outcome of a case, an ASB Case Review may only be escalated to the Commissioner’s office where one of the following measures is satisfied:
Measures:
- The ASB Case Review has failed to consider a relevant process, policy or protocol;
- The ASB Case Review has failed to consider relevant factual information.
The role of the Office of the Police and Crime Commissioner will be to consider due process and ensure that the Community Safety Partnership has properly and effectively undertaken a review. In considering a community trigger escalation the Office of the Police and Crime Commissioner can either:
Outcome:
- Uphold the appeal and refer the case back to the Community Safety Partnership asking them to consider a particular process, policy or protocol not previously considered;
- Determine that the Community Safety Partnership has reviewed the case, considering all relevant policies, process and protocols satisfactory in line with its ASB Case Review procedure.
An ASB Case Review cannot be escalated where a complainant is dissatisfied that a particular agency has not utilised a particular enforcement tool and where it has been established through the review that appropriate consideration has been given to the use of that tool but, having consideration of the facts and relevant protocols, that agency has determined that it would not be appropriate to utilise the enforcement tool.
The appeal process will essentially be a desk top review and will not involve hearings or meetings with victims although the Commissioner may consider meeting with victims in exceptional circumstances. The Commissioner’s appeal process will be subject to periodic review to ensure that victims interests are adequately considered.
Should the victim wish to invoke the ASB Case Review procedure this should be done through the relevant local Community Safety Partnership (CSP) and details of these will be given when a review is initiated. The relevant CSP will make the referral to the Commissioner’s Office submitting all relevant paperwork together with the grounds for the appeal (i.e. why measures 1 or 2 or both have not been met). The Commissioner’s office will undertake the appeal and let the victim(s) know the outcome (either 1 or 2 above) as soon as possible.