If you have reported 3 separate incidents of anti-social behaviour and you do not feel they have been dealt with you can apply for a community trigger where your case WILL be reviewed.
What is Anti-Social Behaviour?
It is defined by the Anti-Social Behaviour, Crime and Policing Act 2014 generally as 'behaviour causing harassment, alarm or distress to members or any member of the public'. (Sec 105)
'Anti-social behaviour is any aggressive, intimidating or destructive activity that blights the lives of many people on a daily basis. It often leaves victims feeling helpless, desperate and with a seriously reduced quality of life'.
For example; litter, vandalism, drunkenness, aggressive dogs, noisy and abusive neighbours, to name a few.
Such a wide range of behaviours means that responsibility for dealing with anti-social behaviour is shared between a number of agencies, particularly the police, councils and social landlords
What is a 'Community Trigger?'
The Anti-social Behaviour, Crime and Policing Act 2014 was enacted on the 20th October 2014 and includes a new measure which is designed to give victims and communities a say in the way anti-social behaviour is dealt with; The 'Community Trigger' or ASB Case Review gives victims the ability to require action, starting with a review of their case, where the locally defined threshold is met.
In terms of the behaviour itself, what is seen as 'anti-social' will vary from victim to victim, and community to community. This is one reason why the way in which incidents of anti-social behaviour are reported has changed; no longer focusing on the behaviour, but on the impact it has on the victim.
Agencies including councils, the police, local health teams and registered providers of social housing have a duty to undertake a case review when someone requests one and the case meets a locally defined threshold.
In Staffordshire and Stoke-on-Trent the single point of contact for the Community Trigger is Staffordshire Police. Contact with Staffordshire Police can be made by the following methods;
Telephone 101 - explain that you wish to apply for a Community Trigger - your call will be put through to the control room and an operator will take the details of the complaint on a Community Trigger incident.
By Email or letter to Staffordshire Police or to any member of Staffordshire Police who are on duty.
Or write to:
Staffordshire Police Headquarters
PO Box 3167
What Happens Next?
Once the application for a Community Trigger has been reported and recorded on the Police Computer system all of the information provided by you is shared with local partners, including the Local Council and other members of your local Community Safety Partnership or equivalent.
Each Partner agency will review their records for the last 6 months in relation to previous complaints or reports of Anti-Social Behaviour made by you or on your behalf.
At the next Community Safety Partnership or appropriate partnership meeting for your area, all of the relevant bodies will decide whether the threshold is met for an ASB case review to take place. (See flowchart below).
By letter and/or by telephone or in person you will be informed of the following by the partnership;
Appeals against a decision made by a partnership in respect of 'threshold' or 'recommendations' should be forwarded to that partnership direct. Each authority area will have the ability to raise an independent review of any challenges to its decisions.
There are certain criteria that need to be met in order for Anti-Social Behaviour cases to be considered for a case review or 'Trigger'.
In Staffordshire and Stoke-on-Trent you can use a community trigger if;
This threshold is in place to prevent someone reporting historical incidents of anti-social behaviour.
Where a person makes an application for a 'Trigger' (case review) and the number of qualifying complaints has been made, the threshold for a review is met. In any other situation, decision making by partners in your area will take into account the following; the persistence of the anti-social behaviour, the harm or potential harm caused by the anti-social behaviour and the adequacy of the response from agencies.
Behaviour which falls below the level of harassment, alarm or distress, will not normally meet the threshold though when assessed on the grounds of potential harm to the victim, the impact of the behaviour may be such that the threshold will be met.
The Police and other partner agencies will share relevant information for the purpose of carrying out the case review. This may include details of previous complaints made by the victim, information about the effect the problem has had on others in the area, and details of what action has previously been taken.
The relevant bodies who undertake a case review may make recommendations to other agencies. The legislation places a duty on a person who carries out public functions to have regard to those recommendations. This means that they are not obliged to carry out the recommendations, but that they should acknowledge them and may be challenged if they choose not to carry them out without good reason.
Responding to the victim: The Act places a duty on the relevant bodies to respond to the victim at particular points in the process. These include:
Publishing data - Relevant bodies must publish information covering: