Enforcement and Prosecution Policy
Salford City Council aims to protect and promote a fair, safe and healthy environment for the benefit of the community.
The council's regulatory functions are extensive, dealing with matters such as abandoned vehicles, animal heath and welfare, occupational health and safety, pollution control, drainage, public health nuisances, food safety/hygiene and compositional standards, disease control, consumer safety, fair trading, and weights and measures.
This page is a summary of the general principles which the council's Environmental Services directorate will follow in relation to enforcement and prosecution of matters relating to nuisance and pollution and other matters within its remit.
Principles of enforcement
Salford City Council believes in firm but fair regulations. Underlying this are the principles of proportionality in the application of the law and in securing compliance, consistency of approach, transparency in how the council operates and what those who are regulated can expect from us and targeting of enforcement action.
Proportionality
The enforcement action taken by the council will be proportionate to the risks posed and the seriousness of the breach. As far as the law allows, we will take into account the circumstances of the case and the attitude of the individual when considering what action to take.
Consistency
We aim to carry out our duties in a fair, equitable and consistent manner. Officers will however need to exercise their professional judgement and discretion accordingly to the circumstances of each individual case.
Arrangements are in place to promote consistency in the enforcement and interpretation of legislation through liaison with other local authorities.
We have regard to statutory codes of practice and advice given by coordinating bodies and central government.
Transparency
This means helping those who are regulated and others, to understand what is expected of them and what they should expect from us. It also means making clear why an officer intends to or has taken enforcement action and what rights of appeal are available.
Targeting
Targeting means making sure that regulatory effort is directed primarily towards those whose activities are likely to give rise to the most serious breaches of legislation.
We have systems for prioritising regulatory effort and they include:
- Responding to complaints from the community about regulated activities
- The inspection of premises according to the risk posed
- The gathering and acting on intelligence about illegal activities
Human rights
In carrying out its duties the council will respect the rights and freedoms guaranteed to individuals under the Human Rights Act 1998.
Prosecution
The council has regard to the Code for Crown Prosecutors in deciding whether to prosecute.
A prosecution will only be brought if:
- There is enough evidence to provide a realistic prospect of a conviction against the individual concerned; and
- A prosecution would be in the public interest
This page was last updated on 20 May 2013
