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

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. Wakefield Council – EnforcementbyCraig HeppinstallTeam Manager Anti-Social Behaviour Unit

19. SUPER LEEDS UNITED! Leeds United's Jermaine Beckford celebrates scoring the winner against Manchester United to put the champions out of the FA Cup

20. Overview • Overview of service • Anti-social behaviour (area working, The Hub and ASBAT – Anti-Social Behaviour Analytical Tool) • Environmental enforcement • Future development • Questions

21. Anti-Social Behaviour Unit - 2012 4 ASB Case Officers 3 Environmental Crime Officers 2 Dog Wardens 10 Environment Officers Gypsy Traveller Liaison Officer Education Officer Highways Enforcement Officer

22. Anti-Social Behaviour Unit - 2013 • 6 ASB Case Officers • 2 Dog Wardens • 10 Environment Officers • Gypsy Traveller Liaison Officer

23. Anti-Social Behaviour – A new way of working

24. Anti-Social Behaviour – A new way of working • Staff aligned to follow 7 neighbourhood policing areas • ASB Case Officers – Investigating anti-social behaviour, environmental crime and highway enforcement issues • Other internal and external partners align services (Street Scene, Environmental Health, Environment Officers, Wakefield and District Housing – 31,000 properties)

25. PilkingtonFamily • Continually harassed by local youths • 33 Calls to local agencies over 7 year period • Mother and daughter committed suicide • Inquest held and highlighted gaps (information sharing) between agencies • Need for agencies to identify repeat/vulnerable victims at an early stage

26. The Hub - 2012 Case allocated to Neighbourhood Policing Team (Police Officer, Sergeant or Inspector) for further investigation

27. Tasking Process Daily Tasking – By police/council staff internally Three weekly tasking – Action driven due to reports Six weekly tasking – Strategic meeting to resolve issues long term

28. 6 Month Review • 3 times more vulnerable/repeat victims identified through additional research and call backs • 24% decrease in ASB calls across the district

29. Current Stats

30. Environmental Enforcement • Previously known as Neighbourhood Patrollers • Team of 26 responding to reports of anti-social behaviour across the district • Gathering evidence for ASB Case Officers • Accredited by West Yorkshire Police

31. Environmental Enforcement 2010: • Response to calls of ASB passed to West Yorkshire Police (Police Community Support Officers) • Neighbourhood Patrollers rebranded to Environment Officers, focussing on environmental issues and enforcement

32. Environmental Enforcement • Search fly-tipping for evidence district wide • Commercial waste issues • Domestic waste issues • Abandoned vehicles • Litter and refuse on private property • A-boards • Fly-posting • FPN’s • Collect lost, stray and abandoned dogs on a weekend • Street Litter Control Notices • Distribution of free literature

33. Requests for Service • 2012/13 – 5,933 requests for service • 494 reports per month • Ranging from dog collects to serious allegations of environmental crime/anti-social behaviour • 18 operational staff

34. Case Study:South Hiendley Common

35. South Hiendley Common Pro’s: • Area of natural beauty • Home to diverse range of wildlife • Utilised by residents on a daily basis for exercise and leisure activities Cons: • Fly-tipping hot spot • Off road vehicle nuisance • General anti-social behaviour

37. Partners Involved • Anti Social Behaviour Unit • Street Scene • West Yorkshire Police • Planning Enforcement • Local elected members • Neighbourhood Co-ordinator • Community

38. Action • Increased patrols by relevant agencies to deter acts of crime and anti-social behaviour • Awareness raising through local media, Facebook and Twitter • Bunding/gates to restrict access • Advertising successful prosecutions

39. Results – South Hiendley Fly tipping fight gains success at common - Local - Hemsworth and South Elmsall Express • 2 successful prosecutions • 4 prosecution cases pending • £1,870 in fines and costs

40. Projects

41. Fixed Penalty Notices (April 12 – March 13) Littering - 586 Dog fouling - 38 Fly-posting - 138 Commercial waste - 17 Domestic waste - 2 Litter clearing - 132 Failure to produce waste carriers licence - 12 Failure to produce waste transfer notes - 9

42. Future Developments • Dog Control Orders • Bus lane enforcement • Parking de-criminalisation • Blue badge enforcement • Expansion of 3G CCTV system • Develop business opportunities with private sector • New ASB legislation

43. Questions?

44. Enviro-crime“To enforce or not to enforce?” Mark Benton DMBC Envirocrime Officer

45. Why do we have to deal with enviro-crime? • The Clean Neighbourhoods and Environment Act 2005 amended s.6 of the Crime and Disorder Act 1998 to make Crime and Disorder Reduction Partnerships (Safer Doncaster Partnership) responsible for: “….crime and disorder (including anti-social and other behaviour adversely affecting the local environment)” Our Priorities • A cleaner and better environment • A strong focus on undertaking timely, appropriate and joined-up enforcement action

46. What is the impact of environmental crime? • Gives residents the impression that their neighbourhood is uncared for and increases the associated fear of crime • Discourages inward investment – potential investors are given a poor first impression of Doncaster • It is damaging to health. Fly-tipping and litter attract vermin and can have a negative impact on residents living nearby, dog fouling carries infectious diseases (toxocariasis). • Links to even more serious crimes e.g. abandoned vehicles, bins left on the highway and fly-tipping can all create targets for arson.

47. What sanctions are available to us? • Fixed Penalty Notices (FPNs) – Youth Reparation Scheme • Simple Cautions • Prosecutions • Works in default • Powers of entry and removal in certain cases • Legal notices to produce documents • Legal notices to abate certain issues • ……..the civil route (injunctions, ASBOs etc.)

48. Evidence Gathering/Processing? • 180 Officers trained to gather evidence • Officers use Proforma Booklet “Doncaster’s Bluebook” • Gives officers confidence • Helps them record details needed for each offence • No problems with courts or our legal department • Makes processing easier • Dedicated team (vast majority of enforcement) • Dedicated - process officer and computer system • Expectation that Enforcement Officers will do Enforcement!

49. Youth Reparation Scheme? 1800 - young People 2011-13 • How the scheme works? • If any young person commits a minor environmental crime the Children’s Safeguarding Team are contacted to ensure that there are no known child protection issues regarding the child in question. • If they are a young person aged 10 or 11, a letter is sent to the parent/carer with information about the offence and they are asked to speak to their child about this. • If they are a young person aged between 12 and 17 years of age, they are issued with a Fixed Penalty Notice (FPN) for £80 (dog fouling £50). This fine is sent to the offender by post (with a copy going to their parent/carer along with a parental consent form). • Failure to pay this FPN within 14 days will result in a prosecution case being passed to the Magistrates’ Court. However, the FPN will be ‘put on hold’ if the offender agrees to take part in a 3 hour litter pick under the supervision of Doncaster Council staff. • If the offender attends the litter picking session then the FPN will be cancelled and the matter will be closed. • If the offender does not attend, but a satisfactory explanation for their non-attendance is received in writing within 14 days then they will be given one last chance to attend a litter picking session. • If the offender does not attend a session and no explanation for this absence is received then a case will be prepared for prosecution.

50. Litter - Yes The offence: • Throwing down, dropping or otherwise depositing litter on anywhere ‘open to the air’ and leaving it • Includes private land where there is no permission from the landowner to drop the litter Sanctions available: • Fixed Penalty Notice (£75) • Simple Caution • Prosecution (maximum fine of up to £2500) • Youth Litter initiative (12 to 17 years of age)