A new measure designed to give victims and communities a way to demand effective action by requesting a review of their Anti-social behaviour (ASB) case.
The Anti-social Behaviour (ASB), Crime and Policing Act 2014 has introduced Anti-social Behaviour (ASB) Case Review as a new measure designed to give victims and communities the ability to demand action by requesting a review of their ASB case.
Residents of Tendring District can now request an ASB Case Review when they feel that the agencies involved such as the Council, the Police or housing provider have not adequately responded to an ASB case reported within the previous six months.
An ASB Case Review will give victims and communities the right to request a review of their case and bring agencies together to take a joined up problem solving approach to finding a solution.
The ASB Case Review request form is very detailed and you will be asked to provide details of:
See Case Review Guidance (below) for further information on what you will be asked to provide.
When you submit a request for Anti-social Behaviour (ASB) Case Review; Tendring Council will ask the agencies involved to provide details of your complaints and any actions they have considered and taken.
A decision will be made as to whether your request for an ASB Case Review meets the qualifying conditions.
If your request qualifies for an ASB Case Review then you will receive a letter of confirmation advising you of timescale involved and when the case review should be completed by.
The Community Safety Manager at Tendring Council will organise an ASB Case Review meeting and invite all agencies and/or partners that have had involvement in the case. Those attending the meeting will look at what action has been taken in response to the victim's report of anti-social behaviour. Recommendations will be made to the relevant agencies regarding any future action that will need to be undertaken.
The legislation places a duty on a person who carries out public functions to have a 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 out the recommendations without good reason.
The chair of the meeting will write to the victim detailing:
You will receive this letter within 10 working days of the meeting being held.
If your request does not qualify for an ASB Case Review then you will receive a letter confirming the outcome explaining why your request has been turned down along with details of the appeals procedure.
You can appeal the decision and outcome of your ASB Case Review. You must submit your appeal in writing within 21 days of receiving your outcome letter.
Your appeal will be forwarded to the chair of the Tendring Community Safety Partnership (CSP) who will review the details of the case and decide if there are grounds for an appeal. The Chair of the CSP will also notify the Essex Police And Crime Commissioner of the appeal decision.
For details of Essex Restorative Justice Programme, go to: https://restorativeessex.co.uk
Safer Communities Manager - Leanne Thornton
Tendring District Council
Town Hall
Station Road
Clacton on Sea
Essex
CO15 1SE
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