Using the Community Trigger for an ASB Case Review
Victims of anti-social behaviour (ASB) will be able to use the Community Trigger to request a review of their case. Agencies, including councils, police, local health teams and registered providers of social housing will have a duty to undertake a review of how they have dealt with a case when the complainant is dissatisfied with the outcome and the case meets our locally defined threshold.
The Community Trigger can be used by any victim of anti-social behaviour or by any person acting on their behalf, for example a family member, friend, carer, councillor, MP or other professional person. This is intended to ensure that all victims are able to use the Community Trigger. However, the victim’s consent should be sought by the person using the Community Trigger on their behalf.
The Community Trigger should not be used to complain about a single organisation. If your complaint is about an individual organisation you are advised to follow their complaints procedure.
How can I get a ASB Case Review using the Community Trigger?
To meet the requirements of the Community Trigger threshold, one of the following criteria must be met.
- 3 or more complaints in the last 6 months from one individual about the same problem,
or
- 1 incident motivated by hate in the last 6 months from one individual.
You can:
- Telephone: 01282 425011 and ask to speak to Jonathan Jackson, Streetscene Solicitor and ASB lead.
- In writing to: Jonathan Jackson, Streetscene Solicitor and ASB lead, Streetscene.
- Complete the online Community Trigger referral form.
- Email: streetscenes@burnley.gov.uk and mark for the attention of Jonathan Jackson, Streetscene Solicitor and ASB lead.
You will need to provide details of each time you’ve complained, who you’ve complained to (name, organisation and/or Incident Reference Number) and information about the anti-social behaviour.
Statistical Report (based on calendar years)
- 2014 – There were no applications to activate a Community Trigger.
- 2015 – There were no applications to activate a Community Trigger.
- 2016 – There were no applications to activate a Community Trigger.
- 2017 – There were no applications to activate a Community Trigger.
- 2018 – There was 1 application made, it met the threshold for a review, a renewed action plan was devised.
- 2019 – There were no applications to activate a Community Trigger.
- 2020- There were no applications to activate a Community Trigger.
- 2021 – There were 2 requests. 1 case threshold not met, the other was subsequently withdrawn after discussion.
Frequently Asked Questions
Q. WHAT IS PURPOSE OF THE COMMUNITY TRIGGER
A. The purpose of the Community Trigger is to enable members of the public to ask for a review of their antisocial behaviour case to be carried out. This will allow all involved agencies to assess the way in which the ASB complaint(s) have been dealt with so far, and what further actions can be put in place to resolve the issues.
Q. WHAT IS THE COMMUNITY TRIGGER THRESHOLD IN LANCASHIRE?
A. The threshold for requesting an anti-social behaviour case review has been set in Lancashire as:
- 3 or more complaints in the last 6 months from one individual about the same problem, or;
- 1 incident motivated by hate in the last 6 months from one individual.
Q. WHY HAS A THRESHOLD LEVEL BEEN SET?
A. Agencies in Lancashire deal with a great number of anti-social behaviour cases per year and, whilst the majority of these can be dealt with quickly, some cases prove to be much more complex. The purpose of setting this threshold for the Community Trigger is to ensure that the victims with the most complex circumstances are enabled to request that their antisocial behaviour case be reviewed.
Q. WHAT HAPPENS NOW THAT I HAVE ASKED FOR A REVIEW OF MY CASE?
A. Once you have activated the Community Trigger you will be contacted by Burnley Borough Council and be given a single point of contact within the Anti-Social Behaviour Team. This officer will guide you through the process, answer your immediate questions and be available to discuss any updates you receive. The case will be discussed by the main agencies involved who must decide whether or not the threshold has been met. This decision will be made by managers from the Police, Council and if appropriate the Registered Social landlord. This decision will be made within 10 working days.
If the threshold is met, a case review will be undertaken by partner agencies. The group will review how the partnership has responded to include sharing of information, reviewing actions already taken, and if necessary, make recommendations on how the problem can be resolved. This review will take place within 21 days of the decision being made.
Following the review, you will be contacted by your appointed contact who will explain the outcome of the review meeting. The response will include:
- Whether the review has shown that there are additional actions that can be taken which may resolve your complaint or;
- Whether the review has shown that all appropriate action has been taken.
If a decision is made that your case doesn’t meet the Community Trigger threshold then the individual agencies will continue to engage with you through their normal methods of dealing with anti-social behaviour.
** IN BOTH CASES, YOU SHOULD CONTINUE TO REPORT ANY NEW INCIDENTS OF ANTI-SOCIAL BEHAVIOUR TO THE APPROPRIATE AGENCY. **
Each victim has the right to appeal the decisions made by the panel (regarding whether or not the threshold has been met, or with the decision made at the review stage). For Burnley Borough Council, appeals will be considered by Joanne Swift, Head of Streetscene. Appeals will be heard within 15 working days of the appeal being received.
Victims can be represented throughout the process by themselves, an appointed representative they nominate of a recognised “victims champion”. You will be notified at each step of the process what is happening with your application.
Q. WHAT IF I AM UNHAPPY WITH THE RESULT OF THE REVIEW?
A. The review of your case will take into account all of the actions that the partner agencies can reasonably carry out within the boundary of the law and with available resources. If you are unhappy with the agencies response and feel that more could reasonably be done then you can request a 2nd stage review. A decision to carry out a 2nd stage review would be made on a case by case basis.
Q. WHAT IF I AM UNHAPPY WITH THE WAY A PARTICULAR AGENCY IS HANDLING MY ANTI-SOCIAL BEHAVIOUR COMPLAINT?
A. The Community Trigger process should not be used where a victim is dissatisfied with the way a particular agency is dealing with their case. Where this is the case, the standard complaints procedure for that organisation should be used. Burnley Borough Council, Lancashire Constabulary, the Clinical Commissioning Group and Registered Social Landlords all have a published complaints procedure, the details of which can be found on each of their websites.
Q. Help with completing online forms
A. If you don’t have access to a computer, you can visit a library where you can use a self-service PC to complete your application. Staff are available to support you if you need it.
If you are unsure whether the Community Trigger is right for you or need any help preparing your application please call Jonathan Jackson on 01282 425011 and he would be happy to assist you.
