Departmental Enforcement Policy

The Council’s declared aim is to "improve the quality of life" for the people in Torbay.

In relation to the private sector housing we use a mixture of education, advice, encouragement and support and by ensuring that the Council’s legal powers are used appropriately to protect and improve the health and safety of residents.

As part of its general enforcement policy we aim to:

• achieve compliance in a fair, consistent, proportional transparent and targeted manner
• be open, clear and helpful
• target resources where they are most needed having regard to overrule policies, aims and objectives, including anti-poverty strategy.

Underlying the policy of fair but firm regulation regulations are the following principles:

Clear Standards and Consistency

Officers always explain the purposes of their visits. Where action is required, instructions and recommendations will be explained in writing, stating the action required, by whom and where appropriate a time frame for compliance.

We distinguish in correspondence, those matters which the law requires must be dealt with, from recommendations on standards and works that are desirable.

Decisions on enforcement action are taken in accordance with the relevant Act of Parliament, Regulations, case law, the Code for Crown Prosecutions.

We continually update and revise procedural documents and quality monitoring procedures promote consistency and fairness.

Openess and Helpfulness

We provide information and advice in plain language, are open about how we set about our work, including any charges we set.

We consult with groups and federations of landlords and tenants in our endeavours to be clear in our approach.

Before taking action we will discuss general issues and specific problems and give persons the opportunity for putting their point of view before taking legal action (unless immediate action is necessary).

We will provide a courteous and efficient service, providing a contact point and telephone number for further dealings with us.

Targeting and Proportionality

We have set response times for dealing with complaints and requests for advice or assistance and aim to achieve those targets.

We recognise that there may be different satisfactory solutions to some problems and will make ourselves available to discuss alternative methods with owners, their representatives or advisory.

In deciding on the best course of action in each individual care, regard is had to be seriousness of the defect, its effects on occupiers, their vulnerability and the costs and practicalities of remedial measures.

Procedures, appeals and Complaints against the Service

Whenever possible we will make clear what the next action, if any, will be:- for example service of a notice.

Where statutory provisions exist for you to appeal against any action we will inform you of those provisions.

If you are dissatisfied about the action taken by the Council or a failure to take action you may use the Corporate Customer Feedback System.

Formal Enforcement and Prosecution Policy

The decision whether to serve statutory notice requiring works or prosecute for breach of a statutory requirement, is a serious one and having implications for defendants, witnesses, sometimes for the Council and wider still for the consistent and effective maintenance of standards. Actions that will initiate court proceedings whether by prosecution or appeal will only be considered where:-

• there is sufficient admissible and reliable evidence to provide a realistic prospect of conviction, or sustain an appeal, and
• it is in the public interest to do so.

Formal action including the service of notice, undertaking works in default and considering prosecution will depend upon one or more of the following criteria:-

• the seriousness of the omission and the extent to which the health and safety of any occupants will be put at risk.
• whether the victim is vulnerable e.g. a child, or elderly person
• there has been repeated failure at any premises in the same ownership to comply with statutory requirements.
• the offender has relevant previous convictions or has been cautioned for a relevant matter.
• the offender has obstructed an officer of the Authority carrying out his duties.
• the offender has failed to supply relevant information or has provided false or misleading information upon lawful request.
• the offence, whether or not serious in itself, is widespread in Torbay.
• the Council is under a statutory duty to enforce legislation.

For further information on Enforcement Policy contact Private Sector Housing.