Agenda item

(Leader of Council) To consider the attached report (C-009-2018/19).

1)            That the amended Corporate Enforcement Policy, be adopted subject to:

a)    That the date of the publication of the policy document be set on the front page of the policy document; and

b)    That under section 9 of the policy (Data Protection and Privacy) the new GDPR be referenced in the text.

The Housing Portfolio Holder introduced the revised Corporate Enforcement Policy.

She noted that the Corporate Enforcement Policy set out the general principles which officers would follow when taking enforcement, that the officers would be suitably trained and qualified to undertake their enforcement activities and have the proper powers delegated to them to assist them in carrying out their role.

This was last amended in December 2015 and it was important that the policy be kept up to date so that it was able to stand up to scrutiny if a member of the public or business makes a complaint relating to the way the Council have handled their case; it provided clarity to residents and businesses in how the Council regulates and minimises the risks associated with failed enforcement action

The policy had now been reviewed and amended, in doing so the policy was also broadened to cover the matters common across all areas of regulation to minimise duplication but did not enter into the specifics of each area of regulation which would be supplemented by separate Enforcement and Service Standards specific to individual areas (such as private sector housing and planning). 

Set out in the policy were the general principles of good enforcement that the Council would carry out its regulatory activities in a way that was:

·         transparent

·         accountable

·         proportionate

·         consistent

and should be targeted only at cases in which action was needed.

Since the policy was last amended, the way the Council gathered evidence had also changed and the policy had been updated to reflect this.  Guidance on the use of Closed Circuit Television (CCTV), aerial cameras/drones and body worn cameras was now included. 

The policy also covers the circumstances where the matter falls within the remit of another regulator (such as the Police or Health and Safety Executive). In these circumstances officers would attempt to co-ordinate visits and actions with other agencies to achieve the most efficient and effective outcomes and to minimise inconvenience.

The Policy finally set out what could be expected from the Council, how to complain if someone was dissatisfied with the service and how to contact the Council in the event of a query.

Councillor Philip suggested that the front page of the Policy needed a version date and that item 9 of the policy (Data Protection and Privacy) needed to mention the GDPR rules that had recently come in.

DECISION:

That the amended Corporate Enforcement Policy, be adopted subject to:

a)    That the date of the publication of the policy document be set on the front page of the policy document; and

b)    That under section 9 of the policy (Data Protection and Privacy) the new GDPR be referenced in the text.

Reasons for Decision:

The existing policy was last amended in December 2015. It was important the policy was kept up to date to ensure that it both follows operational changes within the Council and legislative changes that may have come into force.

The policy must remain robust and able to stand up to scrutiny in the case that a member of the public or business makes a complaint relating to the way the Council had handled their case, or the decision the Council had made relating to enforcement, and was essential to provide clarity to residents and businesses in how the Council enforced and minimise the risks associated with failed enforcement action.

Other Options for Action:

The existing policy was not reflective of current best practice and the amendments are required to bring it up to date. Not to approve the amendments leaves the Council at risk for the reasons outlined above.