Decision details

The Cabinet is asked for approval to enter into a pilot scheme with a private sector provider to significantly increase enforcement activity in the District for environmental crime - such as litter dropping, dog fouling and fly tipping.

NOTE: 10 Councillors have Called In this decision on 11^th September 2018 (verified by Key Officers on the same day) for the following reasons:

1. The Cabinet decision report did not demonstrate how the environmental enforcement pilot scheme can be delivered at zero cost to the Council.
2. The proposed “informal procurement process” is opaque and not in line with usual Council procurement procedures.
3. Contract management arrangements were not set out in the Cabinet decision report.
4. No operational details were included in the Cabinet decision report.
5. There is probable equalities impact, which has not been considered, as increased enforcement action is likely to disproportionately affect certain groups. The decision report does not state whether an equalities impact assessment has been carried out.
6. There is a risk of reputational damage to the Council.
7. The proposed approach is not consistent with the Council’s “Public Protection and Health Improvement Service Enforcement Policy”.
8. The Cabinet decision report does not demonstrate how the pilot scheme will improve cleanliness standards.
9. No consultation has been carried out with Councillors, stakeholders or residents. This is not in line with the Local Code of Corporate Governance.

The Community, Transport and Environment Policy Development and Scrutiny Panel have decided to DISMISS the Call in on 27^th September 2018.

RESOLVED (unanimously) that the Cabinet agreed:

1)  That the Group Manager for Neighbourhood Environmental Services, in consultation with the Cabinet member for Development and Neighbourhoods to enter in to a 12 month pilot scheme to increase the enforcement of environmental crime throughout the district with the following provision:

a)  the contract is at zero cost to the council

b)  the contract is flexible to include additional enforcement activity as deemed appropriate

c)  the providers take a proportionate approach in accordance with the legislation

d)  that education and awareness raising of the consequences of environmental crime are prioritised

e)  that if successful,  proposals for a more permanent arrangement are developed towards the end of the trial.

Fixed Penalty Notices are a valuable enforcement tool for dealing with the unauthorised deposit of litter, dog fouling flytipping and specific Duty of Care offences.  They help to further the Council’s commitment to take enforcement action against those who cause litter.

By entering into a contract with a third party provider the Council can significantly increase its enforcement activity in relation to environmental crime as requested by residents, and help to keep the District cleaner and reduce pollution.

Cleaner greener healthier communities form part of the Councils key priorities.

To directly employ additional enforcement officers in-house.  This option has been discounted due to the increased overhead costs and administrative support that will be required to implement a significant increase in FPN’s and to prepare files for prosecution.  Outsourcing this function reduces financial risk to the Council whilst increasing capability.