The Anti-social Behaviour (ASB), Crime and Policing Act 2014 give victims the power to ensure that action is taken to deal with persistent anti-social behaviour through a ‘Community Trigger’. This starts with a request for a review of their case.
The Community Trigger gives victims and communities the right to require action is taken where an ongoing problem has not been addressed.
It helps us and you by making sure that no-one suffering the harmful effects of anti-social behaviour and hate crime falls through the net. It will also ensure that all that can be done is being done.
Who can use the Community Trigger?
Anyone can use the Community Trigger if their concern is about anti-social behaviour or a hate incident / crime and meets the criteria below:
- If an individual has complained to the council, police or social landlord about three separate incidents in the last six months and the individual considers that there has been no action taken.
- If three individuals or groups in the local community have complained separately to the council, police or social landlord in the last six months about similar incidents of anti-social behaviour and they consider no action has been taken.
What happens when a report is made to us?
When a victim of ASB makes an application to use the Community Trigger, the Community Trigger Champion within the ASB Team will notify the Officer for Community Safety and Strategic Partnerships, who will arrange for the application to be reviewed by our Operational Delivery Group (ODG) at their next meeting.
We all ask relevant partner agencies to collate any information they have and bring it to the meeting.
What decisions can the ODG make?
You will be notified of the outcome within five working days of the ODG meeting. The decision could be:
The criteria is not met
ODG may decide that the Community Trigger criteria have not been met. A letter will be sent to you advising of the outcome and the reasons as to why the criteria have not been met. We will give advice and guidance to you on how to report any further problems and details of the appeals process.
The criteria has been met but no further action is appropriate
ODG can agree that the criteria have been met but at present there is no further action that can be taken (for example, awaiting court dates, insufficient evidence for enforcement action). The case will be added to the next ODG meeting for monitoring and you will be given advice and guidance on how to report any further problems and details of the appeals process.
The trigger has been met
If ODG agrees that the Community Trigger has been met it will recommend the further actions to be taken. This may include additional actions for agencies that have previously been involved in the case, or new actions for agencies who may not previously have been involved.
The review will have a problem solving focus and a single point of contact will be agreed to lead on the case. A letter will be sent to you advising of the proposed actions. The trigger will remain on the ODG agenda for discussion until a time it can be closed.
How to Appeal
If you are not satisfied with the decision made on your case, you can ask for a Community Trigger Appeals/Review Panel. The panel consists of two Heads of Service and the Chief Inspector of the Police. An appeal will only be considered on the following grounds:
- The Community Trigger procedure was not correctly followed
- Not all of the evidence submitted was considered
- The decision taken was unreasonable in view of the evidence presented.
You must ask for the Appeals/Reviews within 21 days of the decision letter being sent to you.
For further information contact the ASB Team on 01438 242666.