Get a review of an anti-social behaviour or hate incident case

Appeals process

An applicant has twenty working days to request in writing that the matter be further considered from the date of being:

• Advised that their application has not met the threshold for a case review, or
• Advised of the outcome of a case review meeting

Should the applicant be not content with the outcome of a threshold review or full case review, a community trigger may only be escalated to appeal where at least one of the following measures is satisfied:

1. The threshold review or full case review has failed to consider a relevant process, policy or protocol, and/or
2. The threshold review or full case review has failed to consider relevant factual information.

Community trigger appeals will be managed by an independent partnership Community safety Partnership (CSP) Chair (decided by an agreed list maintained by Leicestershire County Council’s (LCCs) Community Safety Team), not the Chair of the CSP in the locality where the community trigger has been raised. 

Appeals must be made in writing and sent to the Single Point Of Contact (SPOC) for the locality by email or letter, including detail of how one or both of the above measures for appeal are met. If the applicant is acting as an advocate on behalf of somebody else, a signed consent letter from the person they are representing needs to be submitted along with the appeal.

Once an appeal is received, the SPOC will make contact with LCCs Community Safety Team to identify which partnership CSP Chair will handle the appeal. Once identified, they will then submit copies of the following documentation (as well as any other relevant information) to that individual within one working day:

• The Community Trigger Report Form
• The ASB Case Review meeting minutes
• Chronology of events
• The Community Trigger result letter, outcome report and action plan (if applicable) sent to the applicant
• The request for appeal email/letter - including grounds for the appeal (i.e. why measures 1 or 2 or both have not been met), and
• A copy of the Community Trigger Appeal Acknowledgment Letter, Community Trigger Appeal Criteria Not met Letter and the Community Trigger Appeal Outcome Letter (Letters four, five and six respectively on the Sentinel ‘Global Documents’ tab)

The designated CSP Chair reviewing the appeal will acknowledge the request within five working days of receipt utilising the Community Trigger Appeal Acknowledgment Letter (Letter 4 on the Sentinel ‘Global Documents’ tab). They will then identify whether it meets the threshold for appeal, and if so, carry out the appeal review by forming a panel of appropriate representatives to identify whether the original threshold review or full case review failed to consider a relevant process, policy or protocol, and/or failed to consider relevant factual information.

The panel may consist of:

• The victim (or a representative) who if they wish, can attend the start of the meeting for a designated time slot
• The SPOC that carried out the original review
• Other relevant parties involved in original review, and
• Relevant representatives from internal Community Safety Team to support the appeal process

Once complete, the Chair will update the applicant and SPOC of the outcome within 20 working days of the date of the acknowledgment letter utilising the Community Trigger Appeal Criteria Not met Letter, or the Community Trigger Appeal Outcome Letter (Letters five and six on the Sentinel ‘Global Documents’ tab). In exceptional circumstances this may take longer, in which case, updates will be provided every 20 working days.

The organisational and procedural lessons learnt as a result of an appeal will be shared with partners across LLR at the relevant partnership meetings/Boards.

The decision of the independent CSP Chair on any grounds of appeal is final.

The appeal process will be subject to review every two years to ensure that victims interests are adequately considered.

Complaints

The community trigger does not replace the existing complaints procedure. Anyone has the right to complain to the Ombudsman or Independent Office for Police Conduct if they are unhappy about the service they have received.

Last updated: 14/09/2023 09:56