Introduction
This guide is intended to assist Anti-social behaviour (ASB) practitioners by highlighting best practices to improve the efficacy of ASB Case Reviews.
The ASB Case Review (formerly known as the ASB Case Review) was introduced as part of a group of new tools and powers under the Anti-social Behaviour, Crime and Policing Act, 2014. The ASB Case Review is available to victims of, and those actively engaged in investigating, incidents of anti-social behaviour. Victims and members of the community safety partnerships across the UK have found it to be a very useful tool, especially for victims suffering ongoing persistent and often deeply harrowing incidents which have a detrimental impact on their well-being and quality of life.
“Victims feel heard, they have the opportunity to meet practitioners face to face and to see matters are being taken seriously. It is a good conduit to bring practitioners together to problem solve and improve victim’s quality of life.”
– Practitioner, campaign survey
As found in our recent Freedom of Information report: ‘The ASB Case Review – the victims’ voice or a box-ticking exercise?’, the ASB Case Review is often only useful when carried out using best practices.
What is the ASB Case Review?
The ASB Case Review’s main purpose is to be the place where victims of ongoing anti-social behaviour have a real opportunity to have their voice heard and agencies can collaborate to try and tackle the ASB.
This then provides for a rigorous platform where it is hoped the issues experienced by the applicant can be examined by different bodies who then come to a collective decision on the best way forward to resolution.
What isn’t the ASB Case Review?
The case review is not and was never intended to be part of a box ticking exercise, something that just needs to be seen to have been done. Neither is it in any way a blame game, singling people or organisations out as responsible for ongoing problems. This is not its purpose. It is for all those that have any kind of involvement in the incidents to gather and exchange information, views and ideas culminating in decisions and timeframes being put in place to try and resolve the highlighted concerns.
It is NOT a complaints procedure.
Best practices: Accessibility and awareness
Through our enquiries and research, victims often state that they either were not aware of the case review as an option or did not understand the purpose or process.
Liaising with our victim focus group, the majority stated that they found the ASB Case Review ‘not easy to access at all’.
“I was made to feel like my compliant wasn’t important felt like there were lots of barriers in the way in some kind of way to stop me from raising the case review”
– Victim, Victim Focus Group
It is recommended that case reviews be highlighted wherever possible and appropriate, as an option that is available to victims of ASB. Posters can be a great way of raising awareness and can be placed at key community points, such as village halls, parish noticeboards, Citizen Advice Bureaus, police stations and council offices. Social media including websites for local authorities should all feature the case review in their contents, together with an explanation of its core purpose and instructions on how to apply for one.
It is important that the ASB Case Review is accessible. This means providing multiple methods to apply for one. If a victim cannot access the internet, there should be alternative ways to apply. For example, this could be on each occasion that telephone calls are made to ASB teams, a very short informative voicemail or call waiting message could make mention of the review process. In addition, each time diary sheets are issued, or letters are sent out in relation to anti-social behaviour reporting, information on the case review could be provided at this point.
In short, every effort should be made to raise and increase awareness and accessibility so that this identified shortfall is addressed.
“I think the ASB Case Review is helpful for victims IF they are aware of the case reviews and then the partners involved take the process seriously.”
– Practitioner, Campaign survey
Best practices: Caveat free threshold
Another area for improvement in the ASB Case Review process is the removal of caveats on the threshold.
In some areas of England and Wales, additional caveats include but are not limited to:
‘The case must be closed’
or
‘Must not have a live complaint of investigation ongoing with any agency linked to the incidents’
Caveats like those mentioned are not in line with statutory guidance and hinder the victim’s ability to access the ASB Case Review.
Earlier this year, our FOI report revealed that over 50% of the 3,145 case review applications submitted failed to meet the threshold, a threshold which had discrepancies between areas across England and Wales.
“I understand the process and the system and still came away feeling like my voice didn’t matter and was swept away due to a very slight technicality of ‘you didn’t complain within a month of the incident’ this was because it was every day!”
– Victim, Victim Focus Group
If all areas removed additional caveats, then many ASB cases would meet the threshold, and more victims would have the opportunity to have their voices heard. By doing this, we ensure victims are at the heart of the process, and not subject to a postcode lottery.
Best practices: Victim inclusion
As part of an effective ASB Case Review, the victim should be offered the chance to attend, or provide a written victim impact statement. Our recent FOI report revealed that 44% of agencies asked did not give victims the opportunity to attend the initial part of the ASB Case Review hearing.
“My council housing association (both one and the same) were very unhelpful. I didn’t find out about the verbal statement or impact statement until I spoke to ASB Help.”
– Victim, Victim Focus Group
It is important that a victim is given the chance to have their voice heard as part of the review, as this is one of the things that sets the case review apart from other means of investigating ASB. If the applicant is unsure about the process and perhaps is nervous about attending, then every effort must be made to explain the process to them. They should, if deemed appropriate, have someone else accompany them to assist them at the meeting. There should also be consideration, should the victim prefer it, to make a written victim impact statement outlining their experiences. The reason being that if the victim feels they cannot speak or feel under pressure to remember all the relevant facts and feelings, the use of a prepared statement can make mental room to demonstrate their feelings and recollection of the true impact the ASB is having on them in all sorts of ways.
It is absolutely vital that wherever and whenever possible, communication by an agreed single point of contact (or agreed deputy) should be undertaken and recorded as such, together with any relevant information or viewpoint from the victim.
“I was a victim of ASB and taking part of this process changed my life, I provided the victim impact statement, and I was able to read it, and I was listened to, and the outcome was positive for me”
– Victim, Victim Focus Group
Best practices: Independent chair
ASB Help always encourage each review to be led by an independent chair. This person should not have previously been personally involved in the investigation. Most importantly, not only do they need to have a good grasp of the tools, powers, practices and protocols involved in the investigation of ASB, they should also be of a senior managerial level sufficient to delegate actions to agencies including those outside of their usual sphere of management. They should also ideally have experience of coordinating meetings at a similar level and subject matter (a good example of this may be anti-social behaviour risk assessment conferences, otherwise known as ASBRAC). In all circumstances, the need for truly independent chairs is vitally important and so they should be from a different organisation to those present, so, for example, from a different local authority.
However, as there is no set definition for an independent chair within the statutory guidance, definitions are used interchangeably. We found that some areas use chairs from within their organisation, whilst only 36% of those who said they use independent chairs used external organisations as a chair.
“The case review is an excellent tool but, in my case, it is administered by the very people I am complaining about. The only independent view or opinion I got is when I appealed the review outcome. It then got looked at by a Police Inspector. Even that is hardly independent. The Police Inspector works closely with my council and housing association, so I never really got an ‘independent’ view.”
– Victim, Victim Focus Group
As best practice, we recommend using an external organisation as an independent chair to give victims confidence in the impartiality of the process. Having a fresh pair of eyes can also often help improve the outcomes for the victim.
Best practices: Clear and consistent appeals process
The applicant can and should have the capacity to appeal against the decision to refuse a case review (though if this has happened, they should be fully informed of the reasons by the lead agency) if it is clear the lead agency have not followed their own case review policy. This then would be a complaint about the service provided by the lead agency and would go through their own complaints procedure.
Similarly, they should also have the right to request a further review on completion of efforts by the investigating parties, should the problems still be occurring. They can also raise an appeal if, having had a case review, they feel the process has not been correctly followed. In most cases this would be reviewed by the Office for the Police and Crime Commissioner for the area concerned.
“The victim should be invited to attend. The victim should be listened to. The victim should know the outcome and be told how to appeal.”
– Victim, Victim Focus Group
Conclusion
We, along with many victims and practitioners, believe the ASB Case Review is an excellent tool that gives victims a voice and brings agencies together to take a joined-up problem solving approach.
However, some victims are feeling let down by agencies when the ASB Case Review does not feel fair or clear e.g. when an independent chair is not used. Therefore, by sharing best practices and working collaboratively, we can work towards consistently improving the outcomes for victims of anti-social behaviour.
The ASB Help PLEDGE
To address the discrepancies in ASB Case Review procedures across England and Wales, which are hindering victims of anti-social behaviour, ASB Help provide The ASB Help PLEDGE.
The PLEDGE is available for all local authorities and agencies that engage in case reviews as part of their ASB case management. This helps to demonstrate their level of commitment in supporting victims of anti-social behaviour and displaying just how much the victim’s feelings and experiences are at the heart of everything they do. In order to be eligible to sign up to The PLEDGE, each organisation has to demonstrate their procedures comply with best practices regarding the use of case reviews.
Interested? Find out more about The PLEDGE.