Issue - meetings

Report of Assistant Director Wellbeing and Housing

Purpose of report

To seek approval for the new Housing Civil Penalties Policy.

Recommendations

The Executive resolves:

1.1           To approve the new Housing Civil Penalties Policy.

1.2           By doing so, approving the changes to the reviewed Housing Standards Enforcement Policy as outlined within the report.

Resolved

(1)            That the new Housing Civil Penalties Policy be approved.

(2)            That changes to the reviewed Housing Standards Enforcement Policy be approved.

The Assistant Director Wellbeing and Housing submitted a report to seek approval for the new Housing Civil Penalties Policy.

In response to Executive member comments regarding how cases came forward, the Portfolio Holder for Housing and Assistant Director Wellbeing and Housing explained that civil penalties were an alternative to prosecution for certain housing offences and were a good deterrent. The Housing Team followed up on complaints and/or concerns raised by tenants, Registered Providers, neighbours and elected Members.

Resolved

(1)            That the new Housing Civil Penalties Policy be approved.

(2)            That changes to the reviewed Housing Standards Enforcement Policy be approved.

Reasons

It is important that the Council has up to date policies and procedures for its statutory and key service areas and it is important that they are legislatively and operationally sound. A periodic review of policies is therefore appropriate.

Alternative options

Option 1: Not bring forward a new and amended policy.

Our current approach to determining civil penalties is not consistent with the recent Upper Tribunal decisions, in particular Leicester CC vs Morjaria. This means that our current approach to calculating penalties will be at increasing risk of challenge. Therefore updates to the civil penalties policy are necessary. Changes to the Housing Standards Enforcement Policy are necessary for the creation of the new, compliant policy. Furthermore, it is important the Council policies are reviewed regularly to ensure that they are able to meet customer needs, service needs and are legislatively sound. This option is therefore rejected.

Option 2: Amend but retain as a combined policy.

Owing to the level of detail and complexity contained within the new civil penalties policy, coupled with the benefits of being consistent with the approach taken by numerous other local authorities, means combining the policies would make both unwieldy, difficult to use and less effective. This option is therefore rejected.