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Welcome to the Network Legal event - ‘To enforce of not to enforce’

Welcome to the Network Legal event - ‘To enforce of not to enforce’. Jennifer Watts Network Legal Expert Setting the scene on enforcement. INTRODUCTIONS. GETTING TO KNOW YOU. Name Local Authority Role Enforcement Policy?? Scenario?? Challenge!. Principles of Enforcement .

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Welcome to the Network Legal event - ‘To enforce of not to enforce’

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  1. Welcome to the Network Legal event - ‘To enforce of not to enforce’

  2. Jennifer Watts Network Legal Expert Setting the scene on enforcement.

  3. INTRODUCTIONS

  4. GETTING TO KNOW YOU • Name • Local Authority • Role • Enforcement Policy?? • Scenario?? • Challenge!

  5. Principles of Enforcement • Enforcement Concordat • Introduced in 1998:aim to promote good enforcement that brings benefits to business, enforcers and consumers • Standards: setting clear standards • Openness: clear and open provision of information • Helpfulness: helping business by advising on and assisting with compliance • Complaints: having a clear complaints procedure • Proportionality: ensuring that enforcement action is proportionate to the risks involved • Consistency: ensuring consistent enforcement practice

  6. Enforcement Concordat ‘Ultimately the concordat contributes to the economic vitality of our local communities. With compliance made easier, and with enforcers able to focus their resources on businesses who break the law allowing law-abiding businesses to compete on a level playing field’ Enforcement Concordat: Good Practice Guide for England and Wales http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/files/file10150.pdf

  7. Principles of Enforcement • The Philip Hampton Review: commissioned by Chancellor in the 2004 Budget, was influential in promoting enforcement approaches, which include; • Increased use of risk assessment to precede and inform all regulatory enforcement work • Increased use of support and advice to help businesses to understand and meet regulatory requirements more easily, and • Adopting proportionate, targeted and flexible approaches to applying the law and securing compliance.

  8. Regulatory Enforcement and Sanctions Act 2008 • Based around firm and fair regulation • (1)In exercising its functions local authorities in England and Wales effectively enforce, (b)in a way which does not give rise to unnecessary burdens, and (c)in a way which conforms with the principles in subsection (2). • (2)Those principles are that— (a)regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent; (b)regulatory activities should be targeted only at cases in which action is needed

  9. Fixed Penalty Notices The Local Approach – is it broad enough? • Effective Campaigning? • Education – encourage behaviour change? • Decent Services? • FPN?

  10. Golden Rules for Issuing FPN’s • Rule 1: Assume every offence for which a FPN is issued will end in Magistrate’s Court • Rule 2: Where there is insufficient evidence a FPN should not be issued • NB# Is it likely to be pursued by your LA?????

  11. Golden Rules for Prosecution • Evidence is of key importance when it comes to enforcement. Proceedings should NOTbe commenced unless the enforcement officer believes that there is a realistic prospect of success if the matter were to be defended at trial. • It is essential that there is the mind-set and approach that assumes that every prosecution will be rigorously defended.

  12. Code for Crown Prosecutors • Casework decisions: taken fairly, impartially and with integrity help to secure justice for victims, witnesses, defendants and the public. • Prosecutors must be fair, independent and objective. • Must not let any personal views about the ethnic or national origin, gender, disability, age, religion or belief, political views, sexual orientation, or gender identity of the suspect, victim or any witness influence your decisions. • Neither must prosecutors be affected by improper or undue pressure from any source. • Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction.

  13. Code for Crown Prosecutors The Full Code Test: two stages; • The Evidential Stage: satisfied there is “sufficient evidence” to provide a “realistic prospect of conviction”. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may • The Public Interest Stage – In every case where there is sufficient evidence to justify a prosecution, prosecutors must go on to consider whether a prosecution is required in the public interest. Consider seriousness, level of culpability, harm caused to victim, age of suspect, community impact, is prosecution a proportionate response

  14. Code for Crown Prosecutors • Out-of-Court Disposals: may take the place of a prosecution if it is an appropriate response • Appropriate evidential standard for the specific out-of-court disposal is met including: a clear admission of guilt and that the public interest would be properly served by such a disposal • Examples: simple or conditional caution, any appropriate regulatory proceedings, a punitive or civil penalty http://www.cps.gov.uk/publications/docs/code2013english_v2.pdf

  15. Keep Britain Tidy Enforcement Academy Launch a new training concept; • Promote best practice in enforcement • Accreditedlearning programme • Join a bank of Enforcement Academy graduates available for hire by land managers • Three Stage Approach - Education, Engagement Enforcement • Traditional classroom sessions, practical training and assessment

  16. Keep Britain Tidy Enforcement Academy Benefits; • Enforcement Officers gain an accredited qualification • Common standard/process to tackle enforcement issues • Income generation (hire out qualified officers to other organisations) • Low risk recruitment process for organisations that do not currently employ enforcement officers (i.e. short term projects - no annual salaries etc.) • QUESTIONNAIRE / ROUND TABLE DISCUSSION!

  17. Network Event Enjoy!

  18. Effective EnforcementKenny Wilks

  19. Residents’ concerns – Results of surveys • Local Environmental Quality – Measure of cleanliness • Education and advice – Well informed officers • Collaborative working – Joined up consistent services • Environmental legislation – Dealing with ASB Background

  20. Tackling Litter • Enforcement Strategy • Enforcement Concordat • Costs v Cleanliness • Educate, Encourage then Enforce • Members Support • Service Effectiveness

  21. Islington Approach • Highly visible patrols • Offence directly observed • Patrols based on intelligence/routine • Always show/wear full ID and authority • Always caution offenders • Only issue fixed penalty notices to young people with parental/carer guidance

  22. Out on the streets • Verification of details (Islington Electoral Role) • Close PCSO and Police collaboration • Automated and manual FPNs • Provision of appeal procedure • On line payment option • Full IT administrative support - Contender • Legal services support

  23. Environmental Protection Act 1990 • Duty of care etc. as respects waste - Section 34 • Receptacles for commercial or industrial waste – Section 47 • Littering - Section 87 • Litter clearing notices – Section 92 • CNEA 2005 • Dog Control Orders x 3 Legislation

  24. Enforcement Journey

  25. Educate 2. Encourage In Practice 3. Enforce

  26. Penalty Notices issued

  27. Issues to Consider • Consistency amongst staff • Conflict resolution • Appeal procedure or not? • Payment rates – what to do when not paid • Back office/legal – resources • Identification of offenders • Media interest

  28. Kenny Wilks Head of Street Environment Services Kenny.Wilks@islington.gov.uk 020 527 4534

  29. ‘To enforce or not to enforce!’ Colin Batchelor Environmental Health Manager Braintree District Council Keep Britain Tidy Events September 2013

  30. Braintree District • 3 Market Towns – Braintree, Witham, Halstead • 61 Parishes • Population: 148,000 & rising rapidly

  31. Is the largest geographical district in Essex – 61,171ha. Is bounded by 7 districts and 2 other Counties Contains 20 miles of A12 and A120, both strategic trunk routes In close proximity to Stansted Airport Contains 3200 listed buildings Braintree District

  32. Is one of the Portas pilot town centre schemes Hosts an international puppet festival Is home to Freeport Factory Shopping village Is home to the prettiest village in Essex – Finchingfield. Braintree District

  33. Braintree District • Was home to the Courtauld silk and clothing empire • Is home to Crittall windows • Home of Olly Murs & Matt Cardle

  34. Braintree District Council • Council Tax Band D £1455.84 of which only £161.19 is BDC element • BDC collects £8.7m in Council tax.

  35. Has assets of £80m Has an annual budget of £15.5m (and reducing) Braintree District Council

  36. Comprises Food, H&S and Licensing Team Housing & Pollution Team Engineering Environmental Health

  37. Housing & Pollution Team • 1 Manager • 2.6 EHO’s • 2 EPO/Enforcement Officers • 2 Dog Wardens • 2 Street Wardens • 2 Pest Control Officers • 1.4 Admin

  38. “What a great district – let me in!” Cllr Graham Butland Leader of Braintree District Council

  39. So should you enforce?

  40. Ask yourself some questions • What are you trying to achieve? • Improved environment • Making your mark • Setting an example • Raising income • Specific targets • Changing behaviour • Decrease in number of littering/fly tipping complaints

  41. Ask yourself some questions • Do you have the resource? • Staff • Legal • Do you have Member backing/support? • Cabinet member support essential • Do you have sound policy and procedures for taking legal action? • What else are you doing?

  42. The Braintree Experience

  43. The Green Heart of Essex • Set up concept, governance and structure • Two year project with aim to be the Cleanest & Greenest Council in Essex • Ulterior motive? • Budget of £250,000 in first year • Launched in June 2010 with lots of publicity inc. ‘I’m a Councillor get me out of here!’

  44. Monitoring How do you know how successful you have been if you don’t know where you started? • NI 195 ? Latest equivalent When you have done something monitor it, report it and shout about it!

  45. Cleaner • Extended cleaning hours to deal with the night time economy • Rapid Response Team - litter dealt with promptly • A barrow beat operative in each of the town centres – delighted residents, hundreds of compliments • Increased cleaning on strategic routes – improving image perception • More bins installed – enabling the customer easy access • Deep cleansing – hot washing • Regular weed spraying and removal

  46. Branding • Vehicle fleet, uniforms, street furniture e.g. litter bins carry Green Heart brand • Web-site dedicated GreenHeartofEssex – over 30,000 visitors • Over 500 Green Heart of Essex press mentions • Social networks • Facebook over 500 regulars • Twitter nearly 2,000

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