Freedom of information

david Hinds made this Freedom of Information request to Enfield Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Enfield Council,
Under the Freedom of Information Act, I wish to request the following information:

1. No. of fixed penalty notices issued for dropping litter on a monthly basis for the last 12 months 2016/17
2. The locations (Road address) such notices have been issued in the last 12 months on a monthly basis 2016/17
3. The total amount of money collected as a consequence of FPNs 2016/17
4. The number of Appeals to FPNs for dropping litter in the last 12 months (on a monthly basis) 2016/17
5. The outcome of Appeals for dropping litter in the last 12 months (on a monthly basis) 2016/17
6. The number of working days from issue of fine to payment of fine for fines issued in the past 12 months 2016/17
7. The type of litter dropped which has incurred a fine in the last 12 months 2016/17
8. The number of enforcement officers deployed (FTE equivalent) in the last 12 months (on a monthly basis) 2016/17
9. The time's such enforcement officers are deployed and their locations 2016/17
10. The name of the outsourced contractor responsible for providing the enforcement of litter drops 2016/17
11. The net cost to the council for enforcing the litter drops 2016/17
12. The final policy documentation setting out Enfield Councils approach to enforcing the litter ban 2016/17
13. The working notes of officers who were involved in drafting the policy 2016/17
14. The emails sent and received in drafting the policy 2016/17
15. The Tender document and selection criteria for choosing the outsourced provider 2016/17
16. Emails between the council and the outsourced contractor regarding implementation and management of the outsourced service 2016/17
17. The result of any background checks on enforcement officers deployed to issue FPNs (specifically, does the council have information on any background checks the outsourced contractor has conducted on FPN officers) 2016/17

For clarification by litter dropping, I mean offences under the Clean Neighbourhoods and Environment Act 2005.

It would be most helpful if you could supply statistical data in a tabular format (as an Excel file or a delimited text file) and for qualitative data such as emails and notes, organized in zipped and labeled files (or organized in a manner to facilitate comprehension based on context)

Thank you for your help

Kind Regards

complaintsandinformation, Enfield Council

Thank you for your email.

We will respond as soon as possible.

Regards,

Complaints and Access to Information Team,
Enfield Council.

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Sarah Moore, Enfield Council

13 Attachments

Classification: OFFICIAL - SENSITIVE

Dear Team

 

Please find attached FOI sent yesterday, for which I have received a
notification that it has been rejected due to the zipped file. I forward
again with the files unzipped. Please could you confirm once this has been
received?

 

Kind regards

Sarah

 

Sarah Moore

Principal Waste Enforcement Officer

Waste Enforcement Unit

Operational Services

Regeneration & Environment Department

 

 

Enfield Council is committed to serving the whole borough fairly,
delivering excellent services and building strong communities

 

 

 

From: Sarah Moore
Sent: 17 October 2017 17:11
To: '[FOI #432529 email]'
<[FOI #432529 email]>
Cc: complaintsandinformation <[Enfield Council request email]>;
Russell Hart <[email address]>
Subject: CRM FOI 2838 [SEC=OFFICIAL - SENSITIVE]

 

Classification: OFFICIAL - SENSITIVE

Dear Mr Hinds

 

FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST

 

Thank you for your email of 17^th September 2017 where you requested
information about Fixed Penalty Notices and Contractor details. We have
now completed searching for the information you requested.

 

A copy of the information, which can be disclosed, is enclosed:

 

1. No. of fixed penalty notices issued for dropping litter on a monthly
basis for the last 12 months  2016/17

5838 FPNs were issued over the past 12 months. (see Appendix 1 for monthly
breakdown)

 

2. The locations (Road address) such notices have been issued in the last
12 months on a monthly basis 2016/17

Please see ‘Areas’ data tab in Appendix 1. The notices have been grouped
in Wards. In order to group by roads would involve interrogating all 5838
records. Under Section 12 of The Freedom of Information Act (2000) a
public authority is not required to provide information where the cost
of complying exceeds the appropriate limit, which for a local authority
is set at £450 or 18 hours of an officer's time. We estimate that to
comply with your request that the appropriate limit  would be exceeded.

 

3. The total amount of money collected as a consequence of FPNs 2016/17

£237,920

 

4. The number of Appeals to FPNs for dropping litter in the last 12 months
(on a monthly basis) 2016/17

See below. Appeals are through the Magistrates court and this information
is included in the ‘Overview’ tab in Appendix 1. The total prosecutions
will include both non-payments and appeals and have not been separated
out. Under Section 12 of The Freedom of Information Act (2000) a public
authority is not required to provide information where the cost
of complying exceeds the appropriate limit, which for a local authority
is set at £450 or 18 hours of an officer's time. We estimate that to
comply with your request that the appropriate limit  would be exceeded.

 

5. The outcome of Appeals for dropping litter in the last 12 months (on a
monthly basis) 2016/17

There is no appeal provision under legislation for litter Fixed Penalty
Notices. We receive requests from individuals to waive or question the FPN
and as such may be construed as an appeal. However, as we do not have a
recognised appeal process and consequently we have no need to record any
such instances we are unable to extract the information from our
management system through the reporting facility. The alternative method
requires the manual interrogation of 5838 records which in our estimate
would take at least 40 hours to complete. This in addition to the hours
already expended in collating the remainder of this request would exceed
the appropriate limit. Under Section 12 of The Freedom of Information Act
(2000) a public authority is not required to provide information where the
cost of complying exceeds the appropriate limit, which for a local
authority is set at £450 or 18 hours of an officer's time. We estimate
that to comply with your request that the appropriate limit  would be
exceeded.

 

6. The number of working days from issue of fine to payment of fine for
fines issued in the past 12 months 2016/17

We allow seven days for full payment of Fixed Penalty Notices. Reminder
letters are sent out for unpaid FPNs. If we are approached for reasons of
hardship, we offer an extension of three months to pay the full amount.
This number of days between issue and payment is not recorded in a report
form and requires the manual interrogation of 5838 records which in our
estimate would take at least 40 hours to complete. This in addition to the
hours already expended in collating the remainder of this request would
exceed the appropriate limit. Under Section 12 of The Freedom of
Information Act (2000) a public authority is not required to provide
information where the cost of complying exceeds the appropriate limit,
which for a local authority is set at £450 or 18 hours of an officer's
time. We estimate that to comply with your request that the appropriate
limit  would be exceeded.

 

7. The type of litter dropped which has incurred a fine in the last 12
months 2016/17

Please see ‘Type’ data tab in Appendix 1.

 

8. The number of enforcement officers deployed (FTE equivalent) in the
last 12 months (on a monthly basis) 2016/17

This information is not held, but the contractor deploys 4 litter wardens
each patrol day at 40 hours per week (Typically Monday - Saturday
inclusive except Bank Holidays), subject to absences.

 

9. The time's such enforcement officers are deployed and their locations
2016/17

This information is not held but patrols are typically 08:30 to 16:30
Monday to Saturday, excluding Bank Holidays but can be varied on an ad hoc
basis, which include 7am start times and Out of Hours Patrols. For typical
locations please see PDFs Area 1-4.

 

10. The name of the outsourced contractor responsible for providing the
enforcement of litter drops 2016/17

Kingdom Security Ltd.

 

11. The net cost to the council for enforcing the litter drops 2016/17

The net cost of the contract to the council  for enforcing litter is
£57,505. We aim to run this service as ‘cost neutral’ and the additional
costs were brought about by introducing an Out of Hours Service last year
and other associated administration fees.

 

12. The final policy documentation setting out Enfield Councils approach
to enforcing the litter ban 2016/17

This information is not held as there is no specific written policy
enforcing a litter ban.  Enforcement is  governed by our general
Enforcement Policy (for Environment). See attached PDF
document 'Enforcement Policy'.

 

13. The working notes of officers who were involved in drafting the policy
2016/17

This information is not held for reason stated above.

 

14. The emails sent and received in drafting the policy 2016/17

This information is not held for reason stated above.

 

15. The Tender document and selection criteria for choosing the outsourced
provider 2016/17

Please see attached original tender document and recent variation
documents Part 1 and Part 2 attached. The issue details can be found here
[1]https://governance.enfield.gov.uk/mgIssu... and
the variation issue details can be found here
[2]https://governance.enfield.gov.uk/mgIssu...

 

16. Emails between the council and the outsourced contractor regarding
implementation and management of the outsourced service  2016/17

Under Section 12 of The Freedom of Information Act (2000) a public
authority is not required to provide information where the cost
of complying exceeds the appropriate limit, which for a local authority
is set at £450 or 18 hours of an officer's time. We estimate that to
comply with your request that the appropriate limit  would be exceeded.

This in addition to the hours already expended in collating the remainder
of this request would exceed the appropriate limit. Under Section 12 of
The Freedom of Information Act (2000) a public authority is not required
to provide information where the cost of complying exceeds the appropriate
limit, which for a local authority is set at £450 or 18 hours of an
officer's time. We estimate that to comply with your request that the
appropriate limit  would be exceeded.

 

If you wish to narrow your request I can review this part of your request.

 

17. The result of any background checks on enforcement officers deployed
to issue FPNs (specifically, does the council have information on any
background checks the outsourced contractor has conducted on FPN officers)
2016/17

The DBS Code of Practice requires that registered bodied must store the
certificates securely and ensure that no reproductions are made, including
photocopies or scanned images and only share DBS certificate information
with relevant persons in the course of their specific duties relevant to
recruitment and vetting processes. In summary, it is an offence for
Registered Bodies to: –

 1. Disclose information contained within a certificate to any person who
is not a member, officer or employee of the Registered Body or, in the
case of Umbrella Bodies, their client unless a relevant legal
exception applies;
 2. Disclose information to any member, officer or employee where it is not
related to that employee’s duties;
 3. Knowingly make a false statement for the purpose of obtaining, or
enabling another person to obtain a certificate.

 

All DBS checks held show a nil return on convictions, cautions and other
relevant information.

 

For clarification by litter dropping, I mean offences under the Clean
Neighbourhoods and Environment Act 2005.

 

It would be most helpful if you could supply statistical data in a tabular
format (as an Excel file or a delimited text file) and for qualitative
data such as emails and notes, organized in zipped and labeled files (or
organized in a manner to facilitate comprehension based on context)

 

Most documents supplied by the London Borough of Enfield will have been
produced under Copyright and you will need to seek the permission from the
London Borough of Enfield to re-use for anything other than personal use.
The copyright in some documents may rest with a third party. For
information about obtaining permission from a third party see the
Intellectual Property Office’s website at [1][3]www.ipo.gov.uk.

 

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

 

Complaints and Access to Information Team

Finance, Resources and Customer Services – Gateway Services

39 London Road

Dugdale Centre

Enfield EN2 6DF

Email – [4][Enfield Council request email]

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

 

Yours sincerely

 

Sarah

 

Sarah Moore

Principal Waste Enforcement Officer

Waste Enforcement Unit

Operational Services

Regeneration & Environment Department

 

 

Enfield Council is committed to serving the whole borough fairly,
delivering excellent services and building strong communities

Classification: OFFICIAL - SENSITIVE

Classification: OFFICIAL - SENSITIVE

[5]Campaign

[6]Facebook[7]Follow us on Facebook [8]Twitter[9]Twitter
[10]Enfield[11]http://www.enfield.gov.uk

This email has been scanned for viruses but we cannot guarantee that it
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