Breadcrumb Trail
Enforcement Policy
Trafford Council carries out a wide range of regulatory roles in meeting its many statutory duties of protecting the public, individuals and the environment. These duties are mainly met by carrying out programmed inspections of premises, responding to complaints, issuing licenses and offering advice. This Policy outlines the approach we take when considering enforcement action. It is intended to ensure that we deal with everyone in a consistent way across all the Councils services:
Purpose
The Council's aim is to protect the public, the environment, consumers and workers. It is committed to these objectives in its approach to enforcement action which is intended to:
- Ensure that we enforce the law in a fair, equitable and consistent manner
- Assist business and others in meeting their legal obligations without unnecessary expense
- Focus on prevention rather than cure
- Take firm action against those who flout the law or act irresponsibly
- Respect individuals Human Rights
Principles of Enforcement
The Council has formally adopted the central and local government Concordat on Good Enforcement. This means that we will be open, helpful, fair and careful to ensure that any action we require is proportionate to the risks. This approach is intended to provide better information to businesses and the community and, by doing so, lend support to our efforts to deliver best value services.
Council services will work with and consult other agencies, and other service areas within the Council, as necessary where there is a shared or complimentary enforcement role. We will make provision for the particular interests of consumers within Trafford (including business owners, employees and the public) where it is reasonable to do so.
Levels of Enforcement Action
Prevention
We believe that the first step in enforcement is to help prevent contravention of the law by raising awareness and promoting good practice. Methods of achieving this include the production of leaflets and other forms of written guidance and opportunities presented by day to day contact with businesses and other customers.
Informal Action
We will use our best efforts to resolve any situations where the law may have been broken without issuing formal notices, or referring the matter to the courts. This will be our first option when the circumstances indicate that a minor offence may have been committed and we are confident that appropriate corrective action will be taken. We will confirm the situation in writing in a clear manner and explain why any recommended remedial work is necessary and over what time scale it should be completed. When we write to you, we will make sure that legal requirements are clearly distinguished from recommendations.
Legal Notice
Many of the various pieces of legislation that we enforce provide for the service of formal notices or instructions to individuals, businesses and other organisations requiring them to meet specific legal requirements.
Where a formal notice or instruction is served the method of appealing against the notice and the time scale for doing so will be provided in writing at the same time.The notice or instruction will explain what is wrong, what is required to put things right and what the likely consequences are if it is not complied with.
In most situations before formal action is taken, we will provide an opportunity to discuss matters and hopefully resolve points of difference. However, this may not be possible where immediate action is considered necessary, e.g. in the interests of health, safety, to combat fraud or to protect the environment.
Formal Caution
The use of a formal caution offers an alternative to prosecution and will be considered during any decision to prosecute. Before issuing a caution, the following conditions must be satisfied:
- There must be evidence of guilt sufficient to give a realistic prospect of conviction if the case were to be taken to prosecution
- The offender must understand the significance of the formal caution and consent to it
- The offender must admit the alleged offence by signing a formal caution form.
A formal caution is a serious matter, which will influence any future decision should a Company or individual offend again. It can be referred to in any subsequent court proceedings, but this will not apply if the caution was issued more than 3 years before. Where the offer of a formal caution is refused, a prosecution will generally be pursued.
Prosecution
Where the circumstances warrant it and the alternative actions mentioned previously in this policy are considered inappropriate, then prosecution may result. Any decision to prosecute will take into account the criteria set down in the Code for Crown Prosecutors and Attorney Generals Guidelines. Copies of the Code for Crown Prosecutors are available from HMSO Stationery Office. We will consider the following factors when deciding whether or not to prosecute:
- The seriousness and effect of the offence
- The forseeability of the offence, or the circumstances leading to it
- The intent of the offender
- The history of offending
- The attitude of the offender
- The deterrent effect of a prosecution, on the offender and others
- Whether there is enough evidence to prove the offence
What you can expect from us
We will be objective to ensure that our decisions are not influenced by the gender, age, disability, race, colour, ethnic or national origin, religious or political beliefs, or sexual orientation of any alleged offender. We will respect your Human Rights.
We will enter into discussion and offer advice to anyone to try to ensure that they do not unnecessarily expose themselves to the possibility of formal action through a lack of understanding, or information.
We will be consistent in our approach by following the criteria and guidance set down in relevant legislation, codes of practice and the written procedures and work instructions that our Services have developed.
We will ensure that before deciding to offer a formal caution, or take a prosecution, the case will be subject to independent review by a senior manager.
We will provide a courteous and efficient service and our staff will identify themselves by name when they visit you, or speak to you on the telephone.
This page was last reviewed on 16 October 2009
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