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Freedom of information request response - 06602

FOI request

FOI ID number
06602
Regarding
Community Protection Notices
Request

I would like to submit the following freedom of information request please:

Q1. Does your local authority have a policy for issuing Community Protection Warnings/Community Protection Notices? If yes, please can this be attached.

Q2. Do you use Community Protection Warnings/Community Protection Notices when there is other legislation in place that could be applied?

Q3. Do you have any systems of oversight to ensure that Community Protection Notices are being used correctly? For example: oversight by a senior officer, or a chance for recipients to appeal the Community Protection Notice within the local authority?

Q4. Does your local authority use pre-written Community Protection Warnings/Community Protection Notices where the issuing officer ‘fills in the blanks’?

Q5. How do you apply the 'detrimental effect' threshold required for the issuing of a Community Protection Notice? For example, do you define 'detrimental effect' as conduct that causes nuisance or harm, or conduct that others find very annoying?

Q6. What information about the appeal process is given to Community Protection Notice recipients?

Q7. Is information about Community Protection Warnings/Community Protection Notices that have been issued shared with relevant interested partners, such as housing or police? If so, how is this done?

Q8. What training is given to officers that issue Community Protection Warnings/Community Protection Notices, in terms of content and duration?

Our response

Response
  1. The Environmental Services Enforcement Policy is relevant for all types of enforcement activity and is attached.
  2. No, the Warning/CPN procedure is only used if it is the only applicable course of action.
  3. Yes, oversight by Principal Environmental Health Officer and only this officer can sign the CPN.
  4. No, Warning/CPNs are worked up from the circumstances of the problem under consideration.
  5. Officers use the current guidance to inform an objective opinion, excluding possible exaggeration, prejudice or unusual sensitivity. Annoyance by itself to an individual is not grounds for a warning/CPN. No single officer is able to serve a Warning/CPN, so there is oversight and an objective check at each stage.
  6. Notices include details of the appeal process.
  7. Information can only be shared or processed for specific purposes as set out in the Council's Privacy Policy
  8. The relevant officers went through training when the Anti-Social Behaviour, Crime and Policing Act came in, and have had refresher training from time to time.
Response date
06 January 2020