Enforcement policy
The enforcement policy lays out the procedure that businesses and others being regulated can expect our officers to follow when they carry out their enforcement functions. It lays out the process that we must adhere to in deciding what action to take when undertaking their statutory duties to ensure that they act in an equitable, practical and consistent manner.
Please note that the policy and the commitments set out in it, only apply to legislation enforced by us Other council services may have their own policies and procedures in respect of enforcement action. For further details of the areas covered contact 020 8871 6127.
This page outlines the main points contained within our enforcement policy under the following headings.
The full policy document is also available for download in Adobes pdf format.
 Environmental Services enforcement policy (111 kb)
Alternatively, a copy of the policy can be sent to you if you telephone 0208 871 6127.
We welcome your comments on the enforcement policy and invite you to email us at: esd@wandsworth.gov.uk
The policy was approved by the Environment Committee in June 2008.
The Council is a signatory to the Enforcement Concordat and the Environmental Services Division's Enforcement Policy incorporates the principles contained within the Concordat.
Our commitment to you
- We will draw up clear standards, setting out the level of service and performance the public and business people can expect to receive;
- We will deal with the public and business community in an open and honest way;
- We will provide a courteous, efficient and helpful service;
- We will respond promptly and positively to complaints about the service;
- We will ensure that enforcement action is proportionate to the risks in each case;
- We will carry out our duties in an equitable and consistent manner;
- We will maintain a management system to monitor and review the quality and nature of the enforcement activities undertaken in order to demonstrate the effectiveness of the policy with respect to its aims and objectives and to recommend changes and improvements.
Who will carry out the enforcement duties?
Only officers authorised by the Head of Environmental Services and Community Safety may inspect your home or business and undertake enforcement duties. He will only authorise officers to carry out enforcement work in different areas of the law when he is satisfied with their level of qualification, training and experience.
What action can officers take?
Officers will take into account the following when deciding on the most appropriate course of action:-
- The seriousness of the offence;
- The past history of the offender;
- The confidence in management and the degree of wilfulness involved;
- The consequence of non-compliance
- The likely effectiveness of the various enforcement options;
- Mandatory/discretionary duties.
In most cases action taken by officers will be informal and will be:
- in the form of advice or a report left on site
- in the form of a letter detailing any recommendations, or
- a formal letter listing works which are required to be carried out in order to comply with the legislation, and separately listing any additional recommendations.
Where a serious breach of legislation is noted during an inspection, or where there is a risk to public health or safety, or where breaches of legislation exist and the history of the premises suggests that the work will not be completed without the need for formal action, a statutory notice will usually be served. In the case of housing and food legislation, the formal notice may be preceeded by service of a notice of intention which gives the recipient a chance to respond to the proposals before a formal notice is served.
Failure to comply with a statutory notice will, other than in exceptional circumstances, result in prosecution and/or work in default.
Recipients of notices will always be informed in writing of their rights to appeal and these will normally be on the rear of the notice. They will also be informed in writing of the consequences of non-compliance.
In the minority of cases, where the following applies:
- there is a blatant disregard for the law such that there is a risk to public health, safety or well being or a serious attempt to defraud;
- there has been a failure to correct an identified serious problem despite being given a reasonable opportunity to do so;
- there has been a failure to comply with a statutory notice;
- there has been a history of similar offences
- a formal caution or prosecution may be recommended. In deciding whether or not to prosecute for an alledged infringement regard will be had to 'The Code for Crown Prosecutors'.
A Formal Caution may be issued as an alternative to prosecution. In deciding which course of action is most appropriate, officers will have regard to the offender's attitude, state of health and previous history, the views of any aggrieved party and the nature and seriousness of the offence.
In the areas of food and trading standards, the Home Authority Principle set up by LACOTS shall be adhered to and in the area of health and safety the Lead Authority Principle shall be followed.
What can you do if you think you have not been treated fairly?
If you do not agree that works required by an officer are really necessary, or you wish to carry out different works to rectify the legal breach, you can discuss the matter informally with either the officer concerned or their manager.
If you are unhappy with the action taken or information or advice given by officers of Wandsworth Council or believe you have not received fair or consistent treatment, you can discuss the matter with the relevant manager. After your complaint has been investigated, you will receive a written response. If the problem is still not resolved, you should follow the council's complaints procedure. This is without prejudice to any formal appeal mechanism. |
