GovWire

We know that, where left unchecked, anti-social behaviour can have an overwhelming impact on its victims and, in some cases, on the wider community.

The Anti-social Behaviour, Crime and Policing Act 2014 introduced specific measures designed to give victims and communities a say in the way that complaints of anti-social behaviour are dealt with.

This includes the Community Trigger (also known as the anti-social behaviour (ASB) case review), which gives victims of persistent anti-social behaviour reported to any of the main responsible agencies (such as the council, police, housing provider) the right to request a multi-agency case review of their case where a local threshold is met.

Agencies, including local authorities, the police, local health teams and registered providers of social housing have a duty to undertake a case review when someone requests one and their case meets a locally defined threshold.

Each area chooses a lead agency to manage the process, this is usually the council or police.

How it works

The mechanism for carrying out the case review is set locally. All relevant agencies should agree a procedure that suits the needs of victims and communities in their area.

Applications may either come directly from the victims of anti-social behaviour or from a third party (with the victims consent), such as a family member, friend or local elected representative (a councillor or MP).

The victim may be an individual, a business or a community group.

Each local area sets a threshold which must be met for the trigger to be used. The threshold must include:

• the frequency of complaints
• effectiveness of the response
• potential harm to the victim or victims making the complaint

The threshold is about the incidents reported, not whether the agency responded. The threshold should be no higher than 3 complaints, but agencies may choose to set a lower threshold. If the qualifying complaints were made, a case review must be held to then determine the adequacy of the agency responses.

The relevant bodies and responsible authorities who undertake the case review are:

• councils
• police
• Clinical Commissioning Groups in England and Local Health Boards in Wales
• registered providers of social housing who are co-opted into this group

Police and Crime Commissioners and local health services may also be involved in the case review in certain instances.

The process

When an ASB Case Review is requested, agencies must decide whether the threshold has been met and communicate this to the victim.

The review encourages a problem-solving approach aimed at dealing with some of the most persistent, complex cases of anti-social behaviour.

Consideration should always be given on how victims can best express the impact that the anti-social behaviour has had on their lives.

If the threshold is met

A case review will be undertaken by the relevant bodies. Agencies will share information related to the case, review what action has previously been taken and decide whether there are additional actions that can be taken. The local Community Trigger procedure should clearly state the timescales in which the review will be undertaken.

Where most of the agency representatives have been involved in a particular case, consideration should be given to involving somebody independent in the review to provide an external or fresh perspective on the case and the action that has been taken. Consideration should also be given to whether the review meetings should be chaired by an appropriately trained independent lead.

Relevant local agencies should always consider inviting the victim to attend the case review to help all members of the panel understand the level of harm and impact. It is always good practice to have somebody involved in the case review to represent the victim, such as from Victim Support or another organisation providing support for victims in the local area or a representative of the victim.

The victim is then informed of the outcome of the review. Where further actions are necessary an action plan will be discussed with the victim, including timescales.

The community trigger procedure must include a process for the victim to appeal if they are dissatisfied with the way in which a community trigger case review has been carried out, or with the decision on whether the threshold was met.

Relevant bodies must respond to the victim at particular points in the process. These include:

• the decision as to whether or not the threshold is met
• the outcome of the review
• any recommendations made as an outcome of the review

Consideration should always be given on how victims can best express the impact that the anti-social behaviour has had on their lives.

Where the victim is considered to be particularly vulnerable, the relevant bodies should consider whether additional practical and emotional support can be offered to the victim.

If the threshold is not met

Although the formal procedures will not be invoked, this does provide an opportunity for the relevant bodies to review the case to determine whether there is more that can be done.

Publishing data

Agencies have a duty to publish data on the number of triggers received, how many met the threshold, and the number that resulted in further action. This is to ensure transparency of the system and not to judge the performance of the agencies in relation to anti-social behaviour casework.

The data must be published at least annually, although the relevant bodies may wish to publish data more frequently, or to publish additional details. Published information must not include details which could identify victims.

Apply for a Community Trigger

Your local police or local council will be able to provide you with further information about the Community Trigger process in your area.

Find more information on Community Trigger

The Home Office published statutory guidance to support the effective use of the powers and to assist those frontline professionals who are able to make use of the powers to respond to instances of anti-social behaviour in their local areas. The guidance includes information on how meetings held as part of the trigger process could be organised.

You can also get help and advice in England and Wales from organisations such as:

• ASB Help - they also have a Pledge requesting local agencies to incorporate ASB Help best practice guidance into their internal community trigger policies and procedures.
• Resolve
• Victim Support
• Victim Support Wales
• Local Government Association
• Welsh Local Government Association
• The Knowledge Hub - The National Police Chief Councils (NPCC) Knowledge Hub facilitates anti-social behaviour best practice, case studies and information sharing for forces. Forces may see benefit in creating an account and using this to assist with their work in preventing and tackling anti-social behaviour and to seek advice on anti-social behaviour issues in their area.

Example of a Community Trigger case (PDF, 55.6 KB, 1 page)