Issue - meetings

To consider a report by the Head of Environmental & Community Health Services on the implications of the Criminal Law Act 1977 and the Protection from Harassment Act 1997.

delegated authority to the Director of Environmental and Community Services to appoint Environmental Health Officers and Environmental Health Protection Officers to enforce the relevant provisions of the Criminal Law Act 1977 and Protection from Harassment Act 1977 and to instigate the necessary legal proceedings.

The Cabinet considered a report by the Head of Environmental and Community Health Services (a copy of which is appended in the Minute Book) seeking delegated authority for authorised officers to use provisions set out in the Criminal Law 1977 and the Protection from Harassment Act 1977 when dealing with allegations of harassment and illegal eviction in the private housing sector.

Having referred to the potential benefits of these additional powers and in noting the views of the Overview and Scrutiny Panel (Social Well-Being) on the matter, the Cabinet

RESOLVED

  that the Director of Environmental and Community Services be authorised to appoint Environmental Health Officers and Environmental Health Protection Officers to enforce the relevant provisions of the Criminal Law Act 1977 and Protection from Harassment Act 1977 and to instigate the necessary legal proceedings.

To consider a report by the Head of Environmental & Community Health Services seeking delegations in respect of private sector housing enforcement.

20 Minutes.

Consideration was given to a report by the Head of Environmental and Community Health Services (a copy of which is appended in the Minute Book) seeking delegated authority to appoint Officers to enforce the provisions of the Criminal Law Act 1977 and the Protection from Harassment Act 1997 when dealing with allegations of harassment and illegal eviction in the private housing sector.

The Neighbourhoods Interventions Manager informed Members that the Council usually received 8-10 reports of potential cases of harassment or illegal evection each year but that, at present, the Council did not have the necessary powers to undertake investigations and prosecute offenders.

The Panel questioned why the new powers were only now being sought as the legislation that created them had been in existence for a number of years. In response it was reported that private sector housing was a dynamic market and recent demographic changes had lead Officers to believe that these powers were necessary and could effectively be utilised to protect potentially vulnerable tenants.

Having been advised that the new powers would enable Officers to regain possession of a property on the tenant’s behalf, enabling them to reside there until the correct legal procedures for possession had been followed, the Panel expressed support for the delegations that were proposed, which would not have any financial implications for the Council. In that light, it was

RESOLVED

  that the Cabinet be recommended to delegate authority to

(a)  the Director of Environmental and Community Services to appoint Environmental Health Officers and Environmental Health Protection Officers to enforce the provisions of the Criminal Law Act 1977 and the Protection from Harassment Act 1997;

(b)  appointed Environmental Health Officers and Environmental Health Protection Officers to exercise the powers set out in the Criminal Law Act 1977 and the Protection from Harassment Act 1997; and

(c)  the Head of Environmental and Community Health Services, following consultation with the Executive Councillor, to institute legal proceedings for offences under the provisions of the Criminal Law Act 1977 and the Protection from Harassment Act 1997.