Litter Enforcement and the Contractual Arrangements between Isle of Anglesey County Council and Kingdom Services Group
Dear Isle of Anglesey Council,
I note that you are currently seeking residents' views and feedback on the ongoing litter enforcement trial with Kingdom Services Group. In order to come to an informed opinion so that I can provide valid feedback on the current service, I would greatly appreciate it if you could provide the information requested below, under the Freedom of Information Act 2000.
a. Please provide a clear, unambiguous statement of policy, as should be defined within Isle of Anglesey County Council’s (IOACC) Quality, Environment, Health and Safety Management System, detailing IOACC’s current approach to litter enforcement.
b. Please explain how such policy can be linked to the Environmental Protection Act 1990.
c. Under IOACC Constitution, Citizen’s Rights:-
i. Section 18.104.22.168.2, please confirm the forward work programme in relation to litter enforcement, including key decision dates, both contractual and governance related, in conjunction with records of Scrutiny Committee consideration and discussion.
ii. Section 22.214.171.124.3, please confirm how reports, papers and records of decisions relating to Litter Enforcement, are promulgated within the community.
iii. Section 126.96.36.199 – please provide an explanation of how the Monitoring Officer ensures that executive decisions, together with the reasons for those decisions and relevant operating reports and background papers, are made available to the public as soon as possible.
2. Internal Organisation
a. In relation to IOACC’s internal working, please provide the position and name of the person within IOACC who is ultimately accountable for discharging IOACC’s responsibilities pertaining to litter enforcement under the Environmental Protection Act 1990.
b. Please provide the roles & responsibilities of the person named in point 2a above by means of agreed job description.
c. Please provide a description, by means of an organisational structure, which details the flow of responsibilities from the Executive down to the department responsible for delivery of litter enforcement policy.
d. Please provide the position and name of the person within IOACC who is accountable for monitoring delivery of the contract with Kingdom Services Group Environmental Protection Division (herein noted as KS). Again, please also provide job description.
e. Please provide the number of resources available internally within the department responsible for delivery of the litter enforcement policy, including monitoring of contract delivery and collation of data from KS.
f. Please provide information regarding how internal resources are trained in the requirements of the Environmental Protection Act 1990.
g. Please provide details of the frequency of internal resources’ refresher training, including any changes to legislation and guidance.
h. Please provide details of any cross-county working groups within both North Wales & beyond that IOACC is involved in, in the spirit of sharing of good practice and consistency between enforcement strategies deployed by each County Council.
i. Please provide details and frequency of meetings between the department responsible for delivery of the IOACC litter enforcement policy and the Isle of Anglesey Town & Community Councils.
j. Please provide minutes from the meetings defined in 2i above, for the last 5 calendar years.
3. Contractual Arrangements & Working Procedures
a. Please provide a copy of the contract between IOACC and KS. On consideration of IOACC’s answer to this point, please note that all North Wales County Councils have, to date, provided copies of such contracts, apart from IOACC.
b. In relation to the contract between IOACC and KS, please provide the percentage IOACC receives for each Fixed Penalty Notice (FPN) issued by KS.
c. Please provide the name of the person within KS who is responsible for delivery of this contract within the Isle of Anglesey.
d. Please explain what governance procedures does IOACC have in place to ensure that employees of KS, contracted to IOACC (the authority) are compliant with guidelines issued by the UK Government (Department for Environment, Food and Rural Affairs 15th February 2017 guidance).
e. If IOACC does not follow the guidance described in 3d above, please confirm what guidance is followed, in the interests of good practice and consistency, and if not, why not.
f. Please confirm the process by which IOACC satisfies itself that KS are compliant with the Data Protection Act 1998, and will further be compliant with changes in data protection legislation, ie the EU General Data Protection Regulation (GDPR) 2018.
g. Please explain the process by which IOACC satisfies itself that KS have received the required training in the issue of FPNs, as required under the Environmental Offences (Fixed Penalties)(Miscellaneous Provisions)(Wales) Regulations 2007.
h. In line with the IOACC’s Language Policy, please provide details of how Isle of Anglesey residents have their rights to be communicated in Welsh, when dealing with IOACC and agents acting on their behalf, protected.
i. Please explain the process by which IOACC satisfies itself that KS working on behalf of IOACC has an adequate Welsh language ability within its organisation to protect residents’ rights to be communicated to in Welsh.
j. Please provide historical details for the duration of the contract with KS, calendar month by calendar month, of how many Welsh speaking KS operatives there have been operating on behalf of IOACC.
k. Please provide the process by which IOACC assures itself that KS operatives have adequate business car insurance when carrying out their duties.
l. Please provide confirmation that there is a requirement for KS operatives to be DBS checked.
m. Please provide confirmation of how IOACC assures itself that KS operatives are DBS checked.
n. Please provide the process by which KS operatives request identification and proof of address from members of the public.
o. Please define which documents are acceptable to IOACC as both proof of identity and proof of address in relation to litter enforcement.
p. Please define which documents are acceptable to KS as both proof of identity and proof of address, in relation to issuing FPNs on behalf of IOACC.
q. Please confirm how KS verifies identity of members of the public in relation to litter enforcement.
r. Please confirm how IOACC assures itself that verification of identity by KS, are compliant with the Data Protection Act 1998, and further will be compliant with forthcoming changes in data protection legislation (GDPR).
s. In relation to identity checking and verification, please confirm whether proof of identity and proof of address is captured on an operative’s bodycam.
t. Please provide the process by which IOACC assures itself that KS operatives are, at all times,:-
i. wearing appropriate uniform
ii. wearing formal picture identification, on show, at all times
iii. introducing themselves formally when approaching a member of public
iv. informing a member of public that their interaction is being filmed on their bodycam
v. not acting inappropriately, ie following a member of public on foot or by car
vi. not capturing children on bodycam, without express permission from their parents/legal guardians
u. Please provide a formal definition of IOACC’s Zero Tolerance Policy
v. Please provide an explanation of the process of issuing FPNs on Private Land.
w. Please provide an explanation of how a landowner can withdraw its consent for the issue of FPNs on Private Land.
x. Please provide a list of private companies operating on the Isle of Anglesey who have formally withdrawn their consent for the issue of FPNs on their land, along with the dates documentation was received by IOACC for each company concerned.
y. Please provide information if IOACC are aware of complaints from members of the public regarding the above points and how IOACC has dealt with such complaints.
z. Please provide confirmation of the agreed working hours of KS enforcement operatives.
aa. Please provide information relating to the issuing of FPNs to minors, over 80s, and vulnerable people, including those with unseen disabilities.
bb. Please provide information relating to how KS enforcement operatives approach individuals with an obvious disability, or are whom accompanied by persons, including minors, with an obvious disability.
cc. Please provide the process by which KS enforcement operatives deal with accidental littering, ie tissue falling out of someone’s pocket when reaching for car keys, bus pass etc.
dd. Please provide the process by which KS enforcement operatives deal with accidental littering by children under 10, ie toddler drops sweet wrapper etc.
ee. KS state on their website that they “secure local demographic data and get straight to the heart of the problem using their virtual mapping software”. Please confirm
i. the process by which IOACC assures itself that this software is appropriate, certified and accredited
ii. the process by which IOACC reviews interpretation of the software’s output.
4. Performance Monitoring
a. Which Key Performance Indicators (KPIs) and metrics have been agreed with KS and are currently being monitored on a month by month basis, including reporting of said metrics for upwards reporting to the Scrutiny Committee and further upwards reporting to the Welsh Government.
b. Please provide a breakdown of offences, month by month, calendar year by calendar year for the last 5 years (herein noted as the timescales) of the number of FPNs issued (in line with Office for National Statistics demographic categories), including, inter alia: -
i. age group
iii. location of offence
iv. type of litter associated with offence
v. employment status
vii. number of active enforcement officers during these calendar months, clearly stating when said operatives have been council employees or provided by KS.
c. Following on from point 4b above, please provide a further breakdown of the statistical data including: -
i. Number of FPNs paid to date, per calendar month, by gender, age group and location of offence
ii. Number of FPNs issued in Welsh.
iii. Number of instances whereby KS have had to obtain members of the public’s details through the DVLA
iv. Number of instances whereby KS have had to call North Wales Police, and consequently North Wales Police have attended.
v. Number of FPNs appealed, in the timescales defined above.
vi. Number of FPNs not paid and consequently submitted for hearing at the local Magistrate’s Court, again per calendar month, over the last 5 financial years.
vii. Number of subject access requests made by IOACC residents/visitors, in accordance with the Data Protection Act 1998, for review of bodycam footage, as held by IOACC, both prior to and after prosecution.
viii. Number of instances subject access requests, including bodycam footage, under the Data Protection Act 1998, has been released to IOACC residents/visitors both prior to and after prosecution.
ix. Number of cases ruled in IOACC’s favour, in the timescales defined above, at Magistrate’s Court
x. Number of FPNs pursued at Crown Court, in the timescales defined above
xi. Number of cases ruled in IOACC favour, in the timescales defined above, at Crown Court
xii. Number of cases dropped by IOACC following issue of summons and hearing date set.
5. Audit & Review
a. I note from IOACC’s Internal Audit Operational Plan Appendix B that Highways, Waste & Property Services has not been audited for a significant time. Please therefore provide the date this service was last audited in relation to litter enforcement.
b. Please provide the system by which assurance is gained that Contracting & Procurement processes and procedures, in relation to KS, are operating effectively and in accordance with best practice.
c. Please provide the process by which IOACC assures itself that KS processes and procedures are robust, operating effectively and in accordance with best practice.
d. Please confirm whether KS Quality, Environmental, Health & Safety Management System is accredited to an international standard.
6. Customer Feedback & Satisfaction
a. Please provide details of how feedback from the relevant Isle of Anglesey Town & Community Councils is considered when monitoring the success of IOACC’s litter enforcement policy.
b. Please provide details of how feedback from Isle of Anglesey residents is considered when monitoring the success of IOACC’s litter enforcement policy.
c. Please provide details of how feedback from Isle of Anglesey visitors is considered when monitoring the success of IOACC’s litter enforcement policy.
7. Information Governance, Management & Security
a. Please confirm the process for the keeping of records, including personal data and bodycam footage, in relation to IOACC Litter Enforcement Policy: -
i. IOACC Records Management Policy and Document Retention Policy, to include record retention periods, back-up of data, security of storage locations, methods of secure disposal of records, number of resources associated with the management of all records, training of resources and the last time this service was subject to internal and self audit.
ii. KS Records Management Policy and Document Retention Policy, to include how IOACC assures itself that these policies are in full alignment with IOACC’s own systems, including external audit of KS Information Governance systems.
I look forward in anticipation to your timely response.
Mrs W Watson MSc BSc(Hons)
Thank you for your recent request for information from the Isle of
Anglesey County Council.
In accordance with the Freedom of Information Act 2000 and the
Environmental Information Regulations 2004, we aim to respond to your
request within 20 working days. In some instances we may be unable to
achieve this deadline, in which case we will advise you of the likely
timescale within which the response will be provided.
Swyddog Gwybodaeth Corfforaethol a Chwynion – Adain Gyfreithiol, Cyngor
Sir Ynys Môn
Corporate Information and Complaints Officer- Legal Section, Isle of
Anglesey County Council
I am writing to remind you that my FOI request,which was sent to you on 14 March 2018, has not been answered. An acknowledgement to my request was sent by your office on the same date.
Your response to this request is delayed - by law you should have replied promptly and by 16 April 2018.
In accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, you should have responded to my
request within 20 working days. I have received no notification from yourselves that you are unable to achieve this deadline and I have not been advised of the likely timescale within which the response will be provided.
I would therefore appreciate it if you could give this matter your utmost attention. I am still expecting answers to my request for information despite early termination of the litter enforcement trial with Kingdom Services Group.
Please note that failure to respond will be escalated to Internal Review. Continued failure to respond will be reported to the Information Commissioner's Office.
Mrs W Watson BSc(Hons) MSc
Dear Mrs Watson,
Please accept my apologies for the delayed response.
Having spoken to the Service, I am advised that they are working on the
response and hope to have it completed and sent out to you by the end of
Swyddog Gwybodaeth Corfforaethol a Chwynion
Corporate Information & Complaints Officer
Cyngor Sir Ynys Môn / Isle of Anglesey County Council
I refer to your Freedom of Information request dated the 14^th March, 2018
and may I sincerely apologise for the delay in replying.
Please find attached the Authority’s response to your request:-
The information supplied to you in response to your request is the
copyright of the Isle of Anglesey County Council. The information has
been provided for your personal use and may not be copied, distributed,
published or exploited for any commercial purposes or financial gain
without the explicit written consent of the Isle of Anglesey County
If you are dissatisfied with any aspect of this response to your request
for information and/or the decision made to withhold information, you may
ask for an internal review. Please address your correspondence to the
Customer Care Officer, Legal Services, Council Offices, Llangefni, Ynys
Môn, LL77 7TW (e-mail: [email address]).
If you are not content with the outcome of an internal review you have the
right to apply directly to the Information Commissioner, Wycliffe House,
Water Lane, Wilmslow SK9 5AF. Please note that the Information
Commissioner is likely to expect internal review procedures to have been
exhausted before beginning his investigation.
Swyddog Gofal Cwsmer / Customer Care Officer
Priffyrdd, Gwastraff ac Eiddo / Highways, Waste and Property
Cyngor Sir Ynys Môn / Isle of Anglesey County Council
Ynys Môn / Anglesey
Rhif Ffôn /Tel. No: (01248) 752356
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