Kingdom in plain clothes

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Dear Wirral Metropolitan Borough Council,
In response to my recent request, you stated that Kingdom are contracted to follow DEFRA guidelines. I would draw your attention to -
All enforcement officers should also:
•receive appropriate training
•have a uniform, identification and a Police and Criminal Evidence Act (PACE) notebook
It states quite clearly that officers should have a uniform, yet signs are appearing warning people that "Enforcement officers in plain clothes are working in this area".
Please confirm -
1 - Are Kingdom contracted to wear uniform at all times when on duty.
2 - What is the legal advice regarding plain clothes operations, as my research suggests this is unlawful
3 - Under what authority are Kingdom being permitted to operate outside DEFRA guidelines, and possibly the contract. Please provide copies of necessary approvals
4 - If there is no authority, and this is found to be unlawful, will the Council automatically refund any fines paid, or do victims have to make a claim to the Council?

As a further question, what procedures are in place to monitor that Kingdom are applying DEFRA rules re accidental littering, ie asking to pick up the item?
And only issuing an FPN once the offender has walked away from deliberate littering as per DEFRA guidelines.
I ask as I have seen video and anecdotal evidence to suggest that they are not complying with these guidelines, so technically, in breach of contract.

Yours faithfully,

John Chapman

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Dear Mr Chapman

 

Further to your recent Freedom of Information request, please see the
Council's response below:

 

1 - Are Kingdom contracted to wear uniform at all times when on duty. 

 

Answer: The Council do permit Kingdom Officers to operate in plain clothes
in certain circumstances in order to detect environmental crime.

 

2 - What is the legal advice regarding plain clothes operations, as my
research suggests this is unlawful

 

Answer: There is no legal advice in this regard and the Council can
confirm that it is not unlawful for officers of the Council or a
contractor such as Kingdom to operate in plain clothes in order to detect
environmental crime.

3 - Under what authority are Kingdom being permitted to operate outside
DEFRA guidelines, and possibly the contract. Please provide copies of
necessary approvals

 

Answer:  Kingdom have no authority to operate outside Government Guidance

 

4 - If there is no authority, and this is found to be unlawful, will the
Council automatically refund any fines paid, or do victims have to make a
claim to the Council?

 

Answer: Please see answer to 3. above

 

As a further question, what procedures are in place to monitor that
Kingdom are applying DEFRA rules re accidental littering, ie asking to
pick up the item?

And only issuing an FPN once the offender has walked away from deliberate
littering as per DEFRA guidelines.

 

Answer: The Council can again confirm that Kingdom issue fixed penalty
notices in accordance with Government Guidance.

 

Yours sincerely

 

 

Lynette Paterson

Principal Information Management Officer

Business Management

 

Treasury Building

Argyle Street
Birkenhead
Wirral
CH41 1AH

 

[1]Tel: 0151 691 8201

[2][Wirral Borough Council request email]

 

 

[3]LGC Awards15_Winner_MIP

 

 

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