Decision details

Single Enforcement & Prosecution Policy

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

Following the adoption of a single enforcement and prosecution policy by cabinet in 2012, the purpose of this report is to improve and update this with a revised overarching enforcement and prosecution policy for all regulatory activities undertaken by or on behalf of Herefordshire Council, together with specific supplementary policies

Decision:

That:

(a)  the single overarching enforcement and prosecution policy (attached at appendix 1) and the following policies forming appendices to that policy (attached at appendices A to F) be approved and implemented with immediate effect:

i.              Parking Supplementary Enforcement & Appeals Policy,

ii.            Building Control Supplementary Enforcement Policy,

iii.           Planning Supplementary Enforcement Policy,

iv.           Environmental Health (Housing) Supplementary Enforcement Policy,

v.            Code of Conduct for Issuing Penalty Notices for Child Absenteeism, and

vi.           Environmental Enforcement Fixed Penalty Notice Operational Policy.

Alternative options considered:

1.    Do not revise the 2012 overarching policy nor its supplementary policies and instead retain the existing policies. This is not recommended because it would mean that the current policies are not as up to date as they could be and that the council would lack supplementary policies for parking and fixed penalty notices. This could be challenged as and when the council fulfils its statutory regulatory role.

2.    Return to individual enforcement policies for each discipline, with no overarching policy to unite them all. This is not recommended because it would mean that the council’s procedures and policies would be more complex and less consistent, increasing the risk of legal challenge to decisions taken under the policies, and could be perceived to be less transparent.

Contact: Marc Willimont, Head of Public Protection Email: mwillimont@herefordshire.gov.uk Tel: 01432261986.

Publication date: 19/01/2018

Date of decision: 18/01/2018

Effective from: 26/01/2018

Accompanying Documents:

  • Single Enforcement & Prosecution Policy