Dear Wirral Metropolitan Borough Council,
Please forward a copy of your official policy regarding the issuing, or otherwise of FPN’s for littering offences to vulnerable alleged offenders. Please also confirm the definition of a vulnerable person used in these circumstances.

As enforcement has been contracted to Kingdom, please confirm –
• What training Kingdom staff receive in respects of dealing with vulnerable/ disabled individuals.
• What instructions the street officers have with regard to dealing with vulnerable/ disabled individuals.
• What instructions/ policy is used to comply with the Equality Act 2010, specifically – Chapter 2 Para 20 – Duty to make adjustments – Reference Schedule 2

If an FPN is issued to a vulnerable adult, please confirm the formal policy for challenging this?
Will any challenge/ appeal be dealt with by a Kingdom or a Council Officer.
If dealt with by Kingdom, this is clearly not impartial, so in the event of an unsuccessful appeal, what steps should the individual take to challenge the FPN with a Senior COUNCIL Officer.

If medical evidence is submitted with an appeal, who will review this?
What medical qualifications does that person/ persons hold?
What independent advice is sought?
If this is dealt with by Kingdom, is it referred to a COUNCIL employee for verification. (In light of Kingdom having a financial interest, it would seem to be very poor practice for this to be handled by Kingdom, bearing in mind that you are dealing with vulnerable people and need to be compliant with the Equality Act 2010)

Yours faithfully,

John Chapman

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Dear Mr Chapman

 

Further to your recent request under the Freedom of Information Act 2000,
please see the following response.

 

1:            As enforcement has been contracted to Kingdom, please
confirm –

                •             What training Kingdom staff receive in
respects of dealing with vulnerable/ disabled individuals.              

                •             What instructions the street officers have
with regard to dealing with vulnerable/ disabled individuals. 

                •             What instructions/ policy is used to comply
with the Equality Act 2010, specifically – Chapter 2 Para 20 – Duty to
make adjustments – Reference Schedule 2

 

                During induction training officers are directed that they
should not issue Fixed Penalty Notices to vulnerable people.

 

2:            If an FPN is issued to a vulnerable adult, please confirm
the formal policy for challenging this?

 

                The appeal process is the appropriate mechanism for
challenging an FPN on any grounds.

 

3:            Will any challenge/ appeal be dealt with by a Kingdom or a
Council Officer.

 

                Appeals are dealt with by Kingdom.

 

4:            If dealt with by Kingdom, this is clearly not impartial, so
in the event of an unsuccessful appeal, what steps should the individual
take to challenge the FPN with a Senior COUNCIL Officer.

 

                If an individual is unhappy with the outcome of an appeal
and feels their appeal was not dealt with appropriately they can submit a
complaint to the council. A complaint is an expression of      
dissatisfaction about the council's action or lack of action or about the
standard of a service, whether the action taken or the service was
provided by the council itself or a body acting on behalf               of
the Council. Complaints can be made via the following link : 
[1]https://www.wirral.gov.uk/about-council/...

 

5:            If medical evidence is submitted with an appeal, who will
review this?

                What medical qualifications does that person/ persons
hold?

                What independent advice is sought?

                If this is dealt with by Kingdom, is it referred to a
COUNCIL employee for verification. (In light of Kingdom having a financial
interest, it would seem to be very poor practice for this to be handled by
          Kingdom, bearing in mind that you are dealing with vulnerable
people and need to be compliant with the Equality Act 2010)

 

                If individuals submit medical evidence this must outline
how their condition impacts on them as officers are not expected to be
able to interpret medical information.

 

Yours sincerely

 

 

Lynette Paterson

Principal Information Management Officer

Business Management

 

Treasury Building

Argyle Street
Birkenhead
Wirral
CH41 1AH

 

[2]Tel: 0151 691 8201

[3][Wirral Borough Council request email]

 

 

[4]LGC Awards15_Winner_MIP

 

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

 

 

 

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.

References

Visible links
1. https://www.wirral.gov.uk/about-council/...
2. file:///tmp/tel:0151
3. mailto:[Wirral Borough Council request email]

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org