Dear Denbighshire Council,
Formal Freedom of Information Request under the Freedom of Information Act 2000 to Denbighshire County Council in relation to Litter Enforcement and its Contractual Arrangements with Kingdom Services Group
a. Please provide a clear, unambiguous statement of policy, as should be defined within Denbighshire County Council’s (DCC) Quality, Environment, Health and Safety Management System, detailing DCC’s current approach to litter enforcement.
b. Please explain how such policy can be linked to the Environmental Protection Act 1990.
c. Under DCC Constitution Section 3.1, Getting Information:-
i. 3.1.1(b), 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. 3.1.1(c)-(e), please confirm how reports, papers and records of decisions relating to Litter Enforcement, are promulgated within the community.
2. Internal Organisation
a. In relation to DCC’s internal working, please provide the name of the person within DCC who is ultimately accountable for discharging DCC’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 name of the person within DCC 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 ‘embedded’ KS employees within DCC.
i. Please provide the name of the person accountable for management and day-to-day running of the Fixed Penalty Notice (FPN) Appeals Process, indicating whether said person is an internal resource or KS employee.
j. Please provide the name of the person accountable for sending out FPNs to an ‘offender’ if not received in hand at the time of the offence, indicating whether said person is an internal resource of KS employee.
k. Please provide the name of the person accountable for notifying ‘offenders’ of court proceedings when a FPN has not been paid, indicating whether said person is an internal resource of KS employee.
l. Please provide the name of the person accountable for sending court verdict, fine and costs to an ‘offender’.
m. Please provide details of any cross-county working groups within both North Wales & beyond that DCC is involved in, in the spirit of sharing of good practice and consistency between enforcement strategies deployed by each County Council.
n. Please provide details and frequency of meetings between the department responsible for delivery of the DCC litter enforcement policy and the Denbighshire City, Town and Community Councils.
o. Please provide minutes from the meetings defined in 2k above, for the last 5 calendar years.
3. Contractual Arrangements & Working Procedures
a. Please provide a copy of the contract between DCC and KS.
b. In relation to the contract between DCC and KS, please provide the percentage DCC receives for each FPN issued by KS.
c. Please provide the name of the person within KS who is responsible for delivery of this contract within Denbighshire.
d. Please explain what governance procedures does DCC have in place to ensure that employees of KS, contracted to DCC (the authority) are compliant with guidelines issued by the UK Government for Issuing Fixed Penalty Notices (Department for Environment, Food and Rural Affairs 15th February 2017 guidance).
e. If DCC 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 DCC 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 DCC 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 DCC’s Welsh Language Policy, please provide details of how Denbighshire residents have their rights to be communicated in Welsh, when dealing with DCC and agents acting on their behalf, protected.
i. Please explain the process by which DCC satisfies itself that KS working on behalf of DCC 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 DCC.
k. Please provide the process by which DCC 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 fully trained Security Industry Authority (SIA) licence holders. If there is no requirement for KS operatives to hold SIA licences then please explain.
m. Please provide confirmation of how DCC assures itself that KS operatives hold SIA licences.
n. Please provide confirmation that there is a requirement for KS operatives to be DBS checked.
o. Please provide confirmation of how DCC assures itself that KS operatives are DBS checked.
p. Please provide the process by which KS operatives request identification and proof of address from members of the public.
q. Please define which documents are acceptable to DCC as both proof of identity and proof of address in relation to litter enforcement.
r. 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 DCC.
s. Please confirm how KS verifies identity of members of the public in relation to litter enforcement.
t. Please confirm how DCC 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).
u. In relation to identity checking and verification, please confirm whether proof of identity and proof of address is captured on an operative’s bodycam.
v. Please provide the process by which DCC 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
w. Please provide a formal definition of DCC’s Zero Tolerance Policy
x. Please provide an explanation of the process of issuing FPNs on Private Land.
y. Please provide an explanation of how a landowner can withdraw its consent for the issue of FPNs on Private Land.
z. Please provide a list of private companies operating in Denbighshire who have formally withdrawn their consent for the issue of FPNs on their land, along with the dates documentation was received by DCC for each company concerned.
aa. Please provide information if DCC are aware of complaints from members of the public regarding the above points and how DCC has dealt with such complaints.
bb. Please provide confirmation of the agreed working hours of KS enforcement operatives.
cc. Please provide information relating to the issuing of FPNs to minors, over 80s, and vulnerable people, including those with unseen disabilities.
dd. 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.
ee. 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.
ff. Please provide the process by which KS enforcement operatives deal with accidental littering by children under 10, ie toddler drops sweet wrapper etc.
gg. Please provide the process whereby FPNs are sent to an ‘offender’ if not received in hand at the time of the offence.
hh. Please provide the process whereby ‘offenders’ are notified of court proceedings when a FPN has not been paid.
ii. Please provide the process whereby ‘offenders’ are informed of court verdict, fine and costs when a FPN has not been paid.
jj. 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 DCC assures itself that this software is appropriate, certified and accredited
ii. the process by which DCC 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, ie town centre, retail park, road service area, village etc
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 DCC residents/visitors, in accordance with the Data Protection Act 1998, for review of bodycam footage, as held by DCC, 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 DCC residents/visitors both prior to and after prosecution.
ix. Number of cases ruled in DCC’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 DCC favour, in the timescales defined above, at Crown Court
xii. Number of cases dropped by DCC following issue of summons and hearing date set.
5. Audit & Review
a. Please provide the date that Highways and Environment and the Streetscene 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 DCC 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 Denbighshire City, Town & Community Councils is considered when monitoring the success of DCC’s litter enforcement policy.
b. Please provide details of how feedback from Denbighshire residents is considered when monitoring the success of DCC’s litter enforcement policy.
c. Please provide details of how feedback from Denbighshire visitors is considered when monitoring the success of DCC’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 DCC Litter Enforcement Policy: -
i. DCC 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 DCC assures itself that these policies are in full alignment with DCC’s own systems, including external audit of KS Information Governance systems.
Mrs W Watson BSc(Hons) MSc
Dear W Watson,
Freedom of Information Act 2000 - Request for Information
Thank you for your recent request for information held by Denbighshire
County Council received 05/04/2018 regarding Kingdom Security.
As set out by the Freedom of Information Act 2000 it will be our aim to
respond to your request by 03/05/2018. In some cases, however, we may be
unable to achieve this deadline. If this occurs we will advise you of the
likely timescale within which the response will be provided.
Under the Freedom of Information Act the Council may charge for
disbursement costs (e.g. photocopies, postage). However should there be
any such costs, you will be notified of this prior to the commencement of
Please do not hesitate to contact me for further advice or guidance
relating to the above.
Rydym yn croesawu gohebiaeth yn Gymraeg. Byddwn yn ymateb i unrhyw
ohebiaeth yn Gymraeg ac ni fydd hyn yn arwain at unrhyw oedi. We welcome
correspondence in Welsh. We will respond to any correspondence in Welsh
which will not lead to a delay.
Swyddog Mynediad i Wybodaeth / Access to Information Officer Cyngor Sir
Ddinbych / Denbighshire County Council Ffon / Tel: 01824 708242
E-mail:[email address] Gwefan
http://www.sirddinbych.gov.uk Website http://www.denbighshire.gov.uk
Dear W Watson,
Thank you for your request for information received 05/04/2018 regarding
KINGDOM SECURITY. Please see below:
We have reviewed your request and ascertained that it would take
substantially in excess of 18 hours to compile a response to your request.
To explain: Section 12 of the Freedom of Information Act 2000 provides
that a public authority is not obliged to comply with a request for
information if it estimates that meeting the request would exceed the
appropriate cost limit. This ‘appropriate limit’ is also set out in the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004. The ‘appropriate limit’ for non- Central Government
public authorities is currently set at £450. This is calculated at a rate
of £25 per member of staff per hour. This effectively equates to a time
limit of 18 staff hours.
In practice this means that if the department(s) estimates that if it
would take more than 18 hours to respond to the whole request the
exemption is engaged. This includes time taken determining whether we hold
the information, finding the requested information, retrieving the
information or records, and extracting the information.
The Service have calculated that providing the requested information would
take over 18 hours and I therefore confirm that the request is refused
under Section 12 of the Freedom of Information Act 2000.
Your request is very long and detailed and this has resulted in the
application of the Section 12 exemption. You may wish to prioritise which
information you would like.
If I can be of any further assistance please do not hesitate to contact
If you have any queries regarding this response, please do not hesitate to
contact me at the following address: Access to Information Officer,
Corporate Information Management Team, PO BOX 62, Wynnstay Road, Ruthin,
LL15 9AZ. Alternatively, if you are unhappy with the way the council has
handled your request and wish to ask for internal review, please contact
the Corporate Information Manager at the same address. If you are
subsequently not content with the outcome of the review, you have the
right to apply to the Information Commissioner whose address is Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Please do not hesitate to contact me for further advice or guidance
relating to the above.
Swyddog Mynediad i Wybodaeth / Access to Information Officer
Cyngor Sir Ddinbych / Denbighshire County Council
Ffon / Tel: 01824 708242
Rydym yn croesawu gohebiaeth yn Gymraeg. Byddwn yn ymateb i unrhyw
ohebiaeth yn Gymraeg ac ni fydd hyn yn arwain at unrhyw oedi.
We welcome correspondence in Welsh. We will respond to any correspondence
in Welsh which will not lead to a delay.
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