Government plans to improve the ASB Case Review process

Yesterday the government has announced plans to update the ASB Case Review process in response to the Victims’ Commissioner’s latest report: ‘Still living a Nightmare: Understanding the experiences of victims of anti-social behaviour‘.

Also in line with recommendations from our latest report: ‘The ASB Case Review: The victims’ voice or a box-ticking exercise?‘, the government plans to update the statutory guidance for the ASB Case Review to make them more accessible and effective for victims of anti-social behaviour.

The key changes to be made include:

• Agencies involved in the ASB Case Review should communicate the progress of the case and (where appropriate) provide victims with an opportunity to be involved in any meetings to share their views and help inform the action plan.
• Recommend that victims should have a single point of contact within the lead ASB Case Review agency.
• Recommend that ASB Case Reviews should have independent chairs so victims feel confident that their case review will be dealt with fairly and objectively.
• Set out what the rights of victims of ASB are in relation the the ASB Case Review.
• Recommend that areas should consider additional caveats carefully, and that victim-facing guidance explains that local areas can have different thresholds for activating the ASB Case Review and why this is needed.

The government also plans to explore options for making appeal rights clearer in the statutory guidance. Also, the Home Office is exploring how data on the ASB Case Review can be captured as part of regular statistical data collection from the police. They are also exploring options for strengthening the role of Police and Crime Commissioners in the ASB Case Review e.g. through PCC’s promoting awareness of the ACB Case Review, monitoring its use or providing a route for victims to query decisions.

We know from conversations with victims of anti-social behaviour that positive outcomes from an ASB Case Review often arise from feeling heard and feeling that the review was conducted fairly. Therefore, we welcome these updates to the current statutory guidance.

In addition to these amendments, a new Victims’ Code will be published later this year which will include victims of criminal anti-social behaviour within its scope, including “entitlement to expect to be able to access support services”.

Neighbourhood officers will also receive new bespoke training included in the Neighbourhood Policing Pathway programme to improve how police tackle anti-social behaviour.

ASB Help’s Chief Executive Officer, Harvinder Saimbhi has responded saying:

“ASB Help fully endorse the recommendations made in the report and are supportive of the government’s response. The report addresses victim’s experiences and pleas for help, which we at ASB Help are inundated with on a daily basis.

The most fundamental tool victims have is the ASB case review and this report clearly highlights that victims are unaware of their rights or how to access the case review.

We need to ensure that partners tackling ASB across England and Wales are appropriately trained to use the tools and powers available within the ASB Crime and Policing Act, and to tackle ASB effectively, bringing respite to those experiencing ASB.

We therefore welcome the government’s response and look forward to continuing to work with them, and other partners, to tackle ASB and ensure better protection and support for victims.”

The Victims’ Commissioner for England and Wales, Baroness Newlove responded:

“More must be done to support victims of anti-social behaviour, and I welcome the government’s response to my report as a positive first step.

My report highlighted the transformative impact of a single point of contact (SPOC) to ensure victims feel heard and supported, so I’m pleased this recommendation is being taken forward.

It is so important victims of ASB are given a voice and are listened to. Planned reforms to strengthen statutory guidance for the ASB Case Review process are a welcome measure to build trust and empower victims. For these reforms to have the greatest impact, changes to the law will be the crucial next step.

I look forward to working with the government to bolster protections and the law. The upcoming consultation on the Victims’ Code offers a key opportunity for progress. It is essential we get this right, as there is still much more to be done for lasting change.”