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