The Environmental Health Services Enforcement Policy was approved by Executive Board on 17th November 2004. The policy was relaunched to staff at a series of workshops at the time.
Summary
Leeds City Council signed up to the Enforcement Concordat on 22nd August 2001 confirming its commitment to the principles of good enforcement. Environmental Health Services is a public authority for the purposes of the Human Rights Act 1998. Environmental Health staff apply the principles of the European Convention of Human Rights in accordance with the Act.
The purpose of the document is to set out the Enforcement Policy by which Environmental Health Services on behalf of the Council, ensures compliance with housing and environmental health legislation. The purpose of the policy is also to ensure that enforcement decisions are always consistent, balanced, fair, targeted, accountable, transparent, proportional and relates to common standards to ensure the public is adequately protected.
The policy lays down the possible outcomes of an inspection which could include amongst other outcomes: taking informal action, using statutory notices, seizing equipment, closing premises, fixed penalties and carrying out work in default
The policy also stipulates other aspects that must be considered before any decisions are taken such as
- consider if there is a shared or complementary enforcement role with other agencies e.g. Health and Safety Executive, Fire Authority, Environment Agency, Anti social Behaviour Unit and liase with that agency.
- if applicable, take into account the requirements of the Regulation of Investigatory Powers Act 2000 legislation during investigations. The Act works in conjunction with existing legislation e.g. Human Rights Act 1998.
- refer to the Code for Crown Prosecutors (Prosecutors employed by the Crown Prosecution Service) when considering the merits of pursuing a prosecution. The Code is referred to by Local Authority solicitors in ensuring that fair and consistent decisions about prosecutions are made.
The policy can be downloaded from this page. It can also be ordered by telephoning 0113 222 4406, emailing the contact address shown on this page or writing to the Chief Officer (Health and Environmental Action Service), Knowsthorpe Gate, Cross Green, Leeds, LS9 ONP
On request, this policy will be made available on tape, in Braille, large type, or in a language other than English
A short, more user friendly version of the policy, is also available