Introduction

1.1 What we are looking to achieve?

Local Housing Authorities play a key role in protecting the health, wellbeing and consumer rights of residents. Our interventions improve the quality of homes and their management whilst protecting the rights of tenants. These actions improve the local environment, prevent illness and injury, improve quality of life for residents and reduce crime. The provision of good quality homes has far reaching benefits from facilitating educational attainment for children, preventing illness and reducing environmental impact through the provision of energy efficiency measures.

This enforcement policy helps to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens. This document has been prepared having regard to the Regulator’s Code Better Regulation Delivery Office (BRDO April 2014).

In certain instances we may conclude that a provision in the Code is either not relevant or is outweighed by another provision. We will ensure that any decision to depart from the Code will be properly reasoned, based on material evidence and documented.

1.2 Aim of the Policy

We aim to ensure that all enforcement activity we undertake is:

• Targeted at properties and people that pose the greatest risk. Risks may be to; health, safety, community confidence, finances, deprivation, the environment and or a regulatory risk. Targeted individuals may include owners and landlords who evade licensing and regulation, and those whose properties cause a nuisance or put people’s health and safety at risk.
• Proportionate, reflecting the nature, scale and seriousness of any breach or non-compliance. This
  approach will ensure that the most serious risks (as described above) attract the highest sanctions. It also means that in particularly minor cases, we may take informal action only.
• Fair and objective, based on the individual circumstances of the case, taking all available facts into account.
• Transparent, our actions will be explained in plain language, with clear reasoning given for any enforcement action taken. A clear distinction will be made between legal requirements (what must be done) and advice or guidance (what is desirable).
• Consistent, taking a similar approach in similar circumstances to achieve similar ends. It does not mean uniformity, as we will take into account many factors such as culpability, the level of risk, the history of compliance and the attitude and actions of those involved.
• Accountable, undertaken in a responsible manner that has a clear purpose. Where enforcement action is taken, we shall ensure the target is given information about their rights of appeal and otherwise how they might register a complaint.
• Coordinated, taking a shared approach where there are complementary responsibilities across different departments or agencies.

1.3 What is enforcement action?

In this document ‘enforcement’ means action carried out in the exercise of statutory enforcement powers. It includes not only formal enforcement action, such as prosecution or the service of a notice, but also the inspection of premises for the purpose of checking compliance with regulations and the provision of advice to aid compliance with statutory requirements.

1.4 Who might take action?

Authorised officers will undertake the actions set out in this policy. The Council will ensure that officers who are authorised to initiate enforcement action are competent to do so, are suitably qualified and have relevant and adequate experience in the area of enforcement. The level of authorisation varies depending upon the particular action. The details are set out in the Council’s Scheme of Delegations.