General Enforcement Policy

7. Enforcement and regulatory services (service standards)

Services will be delivered in accordance with the requirements of the Regulators’ Code.

  1. Whether a business, employee or a member of the public, the Council are committed to providing an efficient, courteous and helpful service. This section explains what standards can be expected of regulatory and enforcement services in Rotherham.
  2. The enforcement services are delivered in a number of service areas:
    • Environmental Protection
    • Public Health
    • Food, Health and Safety
    • Animal Health
    • Waste Management
    • Trading Standards
    • Licensing
    • Parking
    • Dog Control
    • Enviromental Crime
    • Safety at Sports Grounds
    • Private Sector Housing
    • Highways
    • Green Spaces
    • Street Cleansing.

How services are delivered

  1.  Each service will have robust Service Standards which underpin expectations of level of service to relevant stakeholders including the public.
  2.  Services will be delivered in accordance with the requirements of the Regulators’ Code.
  3.  In all dealings with the Council enforcers and regulators it can be expected to receive an efficient and professional service. Our officers will:
    • Be courteous and polite
    • Always identify themselves by name, and provide contact details (the exception to this are Civil Enforcement Officers undertaking parking enforcement, who under provisions in the Traffic Management Act Guidance for Local Authorities, should only be identified by their individual officer number).
    • Seek to gain an understanding of how a business operates
    • Provide details of how to discuss any concerns there may be
    • Agree timescales, expectations and preferred methods of communication
    • Ensure that information and progress on any outstanding issues is provided.

Helping Businesses and Individuals get it right

  1. The Council wants to work with businesses and individuals to be compliant and successful and it is important that everyone feels able to contact for advice when it is needed.  It does not follow that enforcement action will follow just because something is told to the Council.
  2. Information and guidance to help make sure legal requirements are met are available on request either electronically or by paper copy.
  3. When Council officers visit premises they will:
    • Explain the reason and purpose of the visit
    • Carry their identification card at all times, and present it on request when visiting; if they do not – ask to see it.
    • Exercise discretion in front of neighbours, and business customers & staff
    • Have regard to the business’ or person’s approach to compliance, and use this information to inform future interactions
    • Provide information, guidance and advice , if required, to support statutory obligations are met
    • Maintain a written record of the visit.
  4. The Council will allocate resources to where they will be most effective by assessing the priority risks:
    • Risk will be considered at every stage when making a decision, including the most appropriate intervention, the way of working, checks on compliance, and when taking enforcement action.
    • Assessment of risk will recognise previous compliance history and all available relevant data including relevant external verification.
    • Where risk assessment frameworks are designed or reviewed consultation will be carried out with those affected.  This approach will cover a range of regulatory activity.
    • The effectiveness of regulatory activities and outcomes will be reviewed regularly and adjusted accordingly.

Covert Surveillance, Including the Use of Surveillance of Social Media

  1.  The Council use of surveillance powers are covered by the Regulation of Investigatory Powers Act 2000 (RIPA). The Council will only do this when it is necessary and proportionate to do so to prevent and detect serious crime, is in accordance with the Council’s RIPA Policy and is authorised by the Court. 
  2.  Investigating officers will seek legal advice where necessary and always act in accordance with the Council’s RIPA Policy and appropriate guidance issued by the Home Office and Regulator.  Where it is deemed that a directed surveillance authorisation is required, it will be obtained by the investigating officer before the surveillance / monitoring of social media sites takes place, in accordance with written departmental procedures.  Such authorisation will ensure as far as possible that authorised officers act lawfully and in a fair and transparent manner.

Requests for our services

  1. The services that the Council offer, including details of any fees and charges that apply, are available on request either electronically or in paper copy.
  2. In responding to service requests, including requests for advice and complaints about breaches of the law, there will be:
    • Response to the request within a maximum of 10 working days (this varies within services and compliance activity)
    • Advise when a substantive response can be expected
    • Seek to fully understand the nature of the request
    • Explain what may or may not be possible, so that its clear what the customer can expect
    • Keep the person or business informed of progress throughout the Council’s involvement
    • Keep the person or business informed of the outcome as appropriate
  3. A detailed breakdown the both the response and expected resolution time is available on request either electronically or in paper copy. However, please be aware that judgment will be made by officers to determine whether a more prompt response is required.
  4. Notice that officers intend to visit will be provided, unless there is a specific reason to believe that an unannounced visit is more appropriate, will be given.
  5.  The Council’s website provides information about all Council services and can be found at  www.rotherham.gov.uk  You can also contact us by contacting the Enforcement team, or by post or in person.

Opening times

  1. Most services are available Monday to Friday 8.30 to 5.00pm but more information will be available within service specific policies and standards. Officers will also work at times outside the above core hours to aid compliance and enforcement of standard, including the Community Protection and Environmental Health service which operates a night a week out of hours service.
  2. Officers will seek to work with any person or business in the most appropriate way to meet the individual need. Information is available in different formats, and officers have access to translation and interpretation services.
  3. If you contact the Council your name and contact details will be taken to enable us to keep in touch as the matter progresses. All contacts with the service will be treated in confidence unless there has been permission to share details with others as part of the matter being dealt with or there is an operational or legal reason to do so. Anonymous complaints will be acted upon and investigated.
  4. Personal data will be managed in accordance with the Council’s Data Protection Policy (available on request either electronically or in paper copy).

Our Teams

  1. There is a dedicated team of officers who have the appropriate qualifications, skills and experience to deliver the services provided. Arrangements are in place to ensure the ongoing professional competency of all officers.
  2. Where specialist knowledge is required in an area outside of the Council’s expertise arrangements can be made, with both neighbouring authorities and other regulatory organisations, to call on additional resources as necessary.

Working with others

  1. The Council’s aim is for all Council services work together so a streamlined service is provided.
  2. Council officers are familiar with the work of our partners and can signpost you to the advice and guidance you need. The Council is a member of the Safer Rotherham Partnership, Yorkshire and Humberside Pollution Advisory Council (YAHPAC), Health and Safety Executive and if you have any comments or concerns regarding the way in which the local regulatory system is operating you can contact the partnership by contact the Council as above.
  3. Our services work in conjunction with various partners at a local and national level in order to ensure consistency, effective and lawful information sharing and to keep on top of regulatory and legislative updates.

Information Sharing

  1. The Council has information sharing protocols with various partners including the Police. This is in order to detect and deter crime and anti-social behaviour. The Council is committed to the objectives of this partnership but will balance data protection considerations in line with the information sharing protocol.