Updated ASB Statutory Guidance: New Framework for Victim-Focused Practice
Since the publication of the Anti-social Behaviour, Crime and Policing Act 2014, the Home Office have published statutory guidance for frontline professionals. Earlier this year, the government announced plans to update the statutory guidance following the Victim’s Commissioners report on the experiences of anti-social behaviour victims. This report was welcomed, highlighting significant barriers victims often experienced when reporting and attempting to resolve behaviour.
As part of this report, Rebecca Bryant, our Chief Executive here at Resolve, stated: “We know that it is often the ongoing, persistent, continuing anti-social behaviour that causes the most harm to victims. We fully support all the recommendations in this report, which, if implemented, would significantly fix the current system whereby many victims of harmful, persistent ASB are unable to access support.”
The government has responded to this report and has responded to the recommendations, including a detailed response and policy paper. They had also promised to update the statutory guidance for ASB in response, which has since been updated and published, which will we briefly cover here.
A summary of the government’s previous response:
In clarifying the rights and entitlements of victims of ASB, the Ministry of Justice outlines a few steps.
First, they are considering the implementation of measures under the Victims and Prisoners Act 2024. As part of this, they are launching a public consultation to gather input on how to update the Victims’ Code for all victims of crime. It is going to be made clear that victims of ASB, where the criminal threshold is met, can benefit from relevant entitlements under the Code. This consultation is being planned to launch early next year. We will of course be focusing on this as this develops, aiming to respond to this consultation.
There is also a stressed focus on working with Police and Crime Commissioners (PCCs) to ensure that they are promoting access to support services for victims of crime, namely in their involvement with ASB professionals, partners and victims.
Secondly, the government are considering how to ensure information on the ASB Case Review is easily accessible and understandable, and that victims know what they can expect. The Victims and Witnesses website is aiming to be updated, and to include a dedicate section for ASB and the Case Review. The Home Office has also promised to update the statutory guidance on ASB powers.
It was recognised how identifying persistent ASB can be challenging for operational bodies, which has an impact on the response and following support for victims. The Home Office in response, is providing initial funding for the rollout of the Neighbourhood Policing Pathway (NPP), being delivered by the College of Policing (CoP) and aims to support neighbourhood policing teams by equipping officers with the skills required to reduce ASB. The training recommendation is stated as being aligned with those in the recent HMICFRS Report.
Another recommendation from the Victim’s Commissioner that there should be a process model for ASB risk and vulnerability assessments, this is in order to identify and record vulnerabilities and subsequent risks of the victim as soon as an ASB report is made. It was recognised that forces already have a process in place to make these assessments, however this is not standardised across the country.
The Government have ultimately, after having discussed this recommendation with the CoP and NPCC, that is important they retain flexibility in how police forces undertake these assessments.
There are of course, promises being made to consider strengthening the powers as part of the Victim’s Commissioner’s role, which will ensure accountability, when the needs of victims of ASB are not being met. More details were promised in due course.
Improving collaboration and communication between statutory agencies
The Government express their acceptance of the role played by Community Safety Partnerships (CSPs), reform is expressed as being carefully considered as part of their Safer Streets Mission, and other Home Office Priorities. This includes the introduction of the Young Futures Prevention Partnerships, and the Neighbourhood Policing Guarantee.
There is an agreement to update the statutory guidance on ASB Powers to recommend that victims should have a Single Point of Contact (SPoC), within the lead ASB Case Review agency.
Improving awareness and use of the anti-social behaviour Case Review
It was recognised that a key element in supporting victims of persistent ASB is the ASB Case Review. Our most recent survey, of just over 2,000 people, was notable in that only 2% fully understand what the Community Trigger is and how to activate it. It has of course, now been ‘re-branded’ as the ‘Anti-Social Behaviour Case Review’.
The Government has responded by ensuring the Case Review is accessible and welcomes the Commissioner’s recommendations on making it a more accessible process. 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 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.[1]
Overall, this is a positive and welcome response from the government, and Resolve welcomes these changes.
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.”
Updated Statutory Guidance for ASB Professionals
As previously mentioned, the Home Office have now taken a variety of recommendations following the report and have, as a result, updated the statutory guidance for ASB professionals. This follows 11 recommendations that were made, with comment requested from Resolve, which we will cover here:
- To ensure victims of persistent anti-social behaviour receive the support to which they are entitled under the Victims Code (the Code), we recommend the Ministry of Justice consult on: updating the Code to make it explicit that when behaviour amounts to a criminal offence, regardless of whether police decide to pursue criminal charges, the victim falls within the ambit of the Code and must be referred to local victim support services
- To improve the victim experience and streamline communication, we recommend the Home Office update the statutory guidance on anti-social behaviour powers to recommend that victims must have a single point of contact within the lead antisocial behaviour Case Review agency. This individual, vested with the necessary authority, would liaise with all relevant agencies, spearhead effective action, and keep victims informed throughout the process.
- To ensure victims of anti-social behaviour are aware of their rights and understand their options, the Home Office should update the statutory guidance on anti-social behaviour powers. This update should recommend that agencies clearly explain the anti-social behaviour Case Review process to victims who file a second complaint within a six-month period. The explanation should detail the victim's right to request a Case Review, appeal the decision on whether the case meets the criteria for Case Review (threshold decision), and challenge the Case Review decision itself.
- To strengthen victim confidence in the anti-social behaviour Case Review process, we recommend the Home Office consult on whether there is a need to legislate a requirement for independent chairs of anti-social behaviour case reviews. These chairs might be an elected representative of one of the agencies responsible for leading an anti-social behaviour Case Review, or an independent anti-social behaviour specialist. The relevant bodies must provide evidence of their satisfaction that the appointed chair has sufficient current and working knowledge of anti-social behaviour statutory provisions, practice and policy.
- To strengthen victim participation and ensure their voices are central to the process, we recommend the Home Office consult on the need to introduce legislation which guarantee victims the right to choose their level of participation in a way that best suits their needs. This might include attending the Case Review meeting in person, participating virtually, submitting a written impact statement detailing the anti-social behaviour's effects, or being represented at the Case Review by a chosen individual to ensure their perspective is effectively communicated.
- To ensure victims help shape anti-social behaviour Case Review outcomes, we recommend the Home Office consult on the need to legislate to guarantee victim consultation on an Action Plan before it is formalised. This would ensure victims understand proposed actions and can contribute their perspective on the plan's effectiveness in addressing their concerns.
- To ensure consistent access to anti-social behaviour Case Reviews, we recommend the Home Office consult on the need to legislate to standardise the threshold for antisocial behaviour Case Reviews by placing it in statute (as opposed to guidance). This would prevent local authorities unilaterally adding caveats which make it more difficult for the victim to make a successful application. This consultation should also look at mandating access to Case Review applications via a range of options, including but not limited to paper, online, and telephone applications.
In short, the updated guidance has highlighted:
1. Victim-centred practice strengthened - the guidance now explicitly recognises the importance of victim choice and contribution, urging agencies to consider the full context of harm rather than isolated incidents. This aligns with Resolve’s long-standing call for trauma-informed approaches and better support for vulnerable individuals. There’s also a push for early engagement, ensuring victims feel heard and supported from the outset and not just when cases escalate.
2. Clearer definitions and thresholds – Clearer and stronger guidance helps standardise the ASB experience, ensuring it is a national approach. Greater expectation and entitlement of the use of the Victims code, and reinforces the vital use of the rights under the victims code.
3. Tools, powers and the Community Trigger - the guidance reinforces expectations, with calls for greater transparency, improved victim communication and clearer escalation routes. It also highlights good practice in using informal tools such as mediation and tenancy support before resorting to enforcement. This supports Resolve’s emphasis on early intervention and restorative practice, especially in housing-led responses.
4. Multi-agency working and accountability - there’s a strong focus on joined-up responses, with housing providers, police, councils, and support services expected to collaborate more effectively. The guidance encourages information sharing protocols, local ASB partnerships and shared case reviews to ensure consistent outcomes. Agencies are also expected to record and review ASB cases more robustly, with an emphasis on learning from outcomes and improving service delivery. Accountability is also strengthened by including the need to legislate a requirement for independent chairs of ASB case reviews.
Largely, these recommendations are welcomed from Resolve. In particular, 7 highlights the importance on standardising the ASB process across the country, helping to standardise the threshold for ASB Case reviews. The more victims can easily understand the processes, and understand how to use the case review, the more it will widely be understood and known. Recommendations also looks to help the victim experience; by allowing for victim rights and autonomy in the process, victim-led processes help restore confidence in institutions and processes and can help mitigate some of the most insidious aspects of ASB.
Generally, the recommendations stand to help improve the victim experience, helping to inform victim-led approach, for which Resolve resoundingly supports. We welcome more changes that help improve the victim experience and help standardise and formalise the ASB process. It is hoped that this continues, for any questions, queries or comments, please do not hesitate to contact below:
Harrison Box, Policy Officer
[1] Martine (2025) Government plans to improve the ASB case review process, ASB HELP. Available at: https://asbhelp.co.uk/government-plans-to-improve-the-asb-case-review-process/.