Number of prosecutions made by the Council without enforcement action and or prior warning

Response to this request is long overdue. By law, under all circumstances, Royal Borough of Windsor and Maidenhead should have responded by now (details). You can complain by requesting an internal review.

Dear Royal Borough of Windsor and Maidenhead,

Please provide the number of prosecutions raised against residents without any enforcement action or warning i.e. case reference number, enforcement notice, discontinuance notice, explanation as to why the prosecution was being raised and the opportunity to avoid a court case.

No date range is being provided given any cases contravene the Councils Enforcement and Prosecution policy and therefore would be very small.

Thank you

Yours faithfully,
Susan Mackie

foi, Royal Borough of Windsor and Maidenhead

Dear Susan Mackie,

I am writing to acknowledge receipt of your information request. It has been allocated reference FOI76853.

The Freedom of Information Act 2000 allows up to 20 working days for responding to information requests. A response will be sent to you no later than 7th March 2022.

Kind Regards,

Sean Cannon
Information Governance Assistant
Information Governance Team
Law and Governance Services
Royal Borough of Windsor and Maidenhead
Town Hall
Maidenhead
SL6 1RF

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foi, Royal Borough of Windsor and Maidenhead

Dear Susan Mackie,

 

I am writing in response to your Freedom of information request dated 5^th
February 2022, reference FOI76853.

 

Your request was as follows:

 

Request

 

Please provide the number of prosecutions raised against residents without
any enforcement action or warning i.e. case reference number, enforcement
notice, discontinuance notice, explanation as to why the prosecution was
being raised and the opportunity to avoid a court case.

 

No date range is being provided given any cases contravene the Councils
Enforcement and Prosecution policy and therefore would be very small.

 

Response

 

The number of prosecutions made by Environmental Protection without
enforcement action and or warning is zero

 

This concludes our response to your request.

 

If you are dissatisfied with the handling of your request and would like
to request an internal review please contact us within 40 working days
from the date of this letter using the contact details below:

 

Information Governance Team

Governance Service

Royal Borough of Windsor & Maidenhead

Town Hall, St Ives Road

Maidenhead

SL6 1RF

 

or send an e-mail to [1][RBWM request email]

 

If you remain dissatisfied with the handling of your request or complaint
following an internal review, you have the right to appeal to the
Information Commissioner at:

 

The Information Commissioner's Office, Wycliffe House,

Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone: 0303 123 1113

Website: [2]http://www.ico.org.uk/complaints/handlin...

 

There is no charge for making an appeal.

 

Kind Regards,

 

Sean Cannon

Information Governance Assistant

Information Governance Team

Law and Governance Services

Royal Borough of Windsor and Maidenhead

Town Hall

Maidenhead

SL6 1RF

 

 

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Dear foi,
Thank you for your response. This is however inaccurate unless someone is using deflection semantics. Does your reply 'Environment Protection' cover prosecutions brought by the Planning Department for unauthorised 'development' which embraces advertising. In my reference to enforcement action I did clarify that an enforcement reference number would be required to qualify as a formal case given this would be required to instigate an appeal with associated authorities.

Are you therefore saying that no prosecutions have been raised for unauthorised development/advertising without an enforcement reference being applied and an enforcement notice, warning of prosecution unless the infringements in the notice are corrected? You have a website map with a filter for enforcements therefore every enforcement reference would be on that map and any prosecutions would be on the map as part of an enforcement case with its reference?

Thank you.

Yours sincerely,

S. Glanfield

foi, Royal Borough of Windsor and Maidenhead

Dear S. Glanfield,

The response we provided initially only covered the Environmental Protection Service. The request has now been directed to Planning Enforcement team and we aim to send a response by the 7th March 2022, the original deadline for a response.

We apologize for the inconvenience caused.

Kind regards

Angelica Popa, PC.foi
Information Governance and Elections Officer
Information Governance Team
Governance Service
Royal Borough of Windsor & Maidenhead
Town Hall, St. Ives Road
Maidenhead SL6 1RF
Tel: 01628-685806

Website: http://www.rbwm.gov.uk
Follow us on Twitter: @RBWM
Like us on Facebook

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foi, Royal Borough of Windsor and Maidenhead

Dear Ms Glanfield,

We have made further enquiries with Planning Enforcement and they confirmed that no prosecutions against residents without any enforcement action or warning have been raised by the Planning Enforcement Team.

Kind regards

Angelica Popa, PC.foi
Information Governance and Elections Officer
Information Governance Team
Governance Service
Royal Borough of Windsor & Maidenhead
Town Hall, St. Ives Road
Maidenhead SL6 1RF
Tel: 01628-685806

Website: http://www.rbwm.gov.uk
Follow us on Twitter: @RBWM
Like us on Facebook

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Dear foi,
To repeat, have any prosecutions been raised by any department, officer, manager, employee of RBWM on residents without first an enforcement notice, enforcement action with case reference, discontinuance notice to enable avoiding a court. Your replies so far exclude Environmental Protection and an Enforcement team of a couple of people but prosecutions could have been raised by others therefore it seems i have to be pedantic.

Please continue to respond within the original time frame as the question as been skirted and not fully answered.

Yours sincerely,

S. Glanfield

Dear foi,
Please note your response has now exceeded the 4th March deadline provided by foi.
I still require the number of prosecutions raised by the Council as a body whole, not certain departments that have been raised without an enforcement notice, reference numbered enforcement action or discontinuance notice to avoid court. Thank you.

Yours sincerely,

S. Glanfield

foi, Royal Borough of Windsor and Maidenhead

Dear Ms Glanfield,

Further to your request I have liaised with all council departments and have been advised of the following:

Few Trading Standards and Licensing enforcement processes involve the use of enforcement notices but there have been no prosecutions that we have taken against any individual without warning. There will always be some form of engagement with any alleged offenders.

Planning Enforcement has not commenced any prosecutions under the Planning Legislation without first opening an enforcement file, generating a reference, and providing written warning, be it in relation to failure to comply with a statutory notice properly served; or failure to remove an advertisement erected without consent when requested; or carried out works to a listed building without consent; or failure to comply with a planning contravention notice.

All the other departments have confirmed there have been no such prosecutions.

Children’s Services and Adult’s Services for the Royal Borough of Windsor and Maidenhead (RBWM) are delivered by Achieving for Children (AfC) and Optalis our partner organisations providing children & adult social care on behalf of the council.

If ypu believe they maight hold information in respect of your request they can be contacted at: [email address] for Children’s Services and [email address] for Adult’s Services.

I do hope this answers your questions, however if you need anything further, please do let me know.

Yours Sincerely

Angelica Popa
Information Governance and Elections Officer
Information Governance Team
Governance Service
Royal Borough of Windsor & Maidenhead
Town Hall, St.Ives Road

Website: http://www.rbwm.gov.uk
Follow us on Twitter: @RBWM
Like us on Facebook

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Dear foi,
Thank you for your reply. The response however in the absence or any other cases then should be 2.

In 2011 2 cases of prosecutions not generating a reference, and providing written warning, be it in relation to failure to comply with a statutory notice properly served; or failure to remove an advertisement erected without consent when requested were raised. 2 residents could not avoid court, had no notice upon which to appeal and were in the middle of an investigation by the Local Government Ombudsman concerning the display of advertising RBWM informally required removed then subsequently admitted did not require removal as legal. These cases do not appear on the RBWM website for planning, enforcement filter as no reference and unrecorded.

Please therefore amend your records.

This concludes this FOI.

Yours sincerely,

S. Glanfield

Dear Royal Borough of Windsor and Maidenhead,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Royal Borough of Windsor and Maidenhead's handling of my FOI request 'Number of prosecutions made by the Council without enforcement action and or prior warning'. (clarification details in request)
I have knowledge that the information provided is not accurate and should be rechecked. This is in the interests of transparency of actions taken by a public body and for the confidence of the community in following RBWM council policies.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

S. Glanfield

foi, Royal Borough of Windsor and Maidenhead

Dear S. Glanfield,

I confirm receipt of your email requesting for a review of the handling of your request for information.

Your request has been passed to the Information Governance Manager to carry out the review.

As set out in the Freedom of Information Act / Environmental Informaion Regulations we have 20 working days to respond. We aim to send a response by no later than 9 May 2022.

Kind regards

Angelica Popa
Information Governance and Elections Officer
Information Governance Team
Governance Service
Royal Borough of Windsor & Maidenhead
Town Hall, St. Ives Road
Maidenhead SL6 1RF

Website: http://www.rbwm.gov.uk
Follow us on Twitter: @RBWM
Like us on Facebook

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foi, Royal Borough of Windsor and Maidenhead

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Dear Ms Mackie/Glanfield,

Please find attached our internal review response to FOI76853.

Should you remain dissatisfied with this response you have the right to make a complaint to the Information Commissioner’s Office. Further information on the complaint process can be viewed here: https://ico.org.uk/make-a-complaint/

Kind regards,

Emma Young
Information Governance Manager | Data Protection Officer
Governance Service | Royal Borough of Windsor and Maidenhead
Town Hall, St. Ives Road
Maidenhead SL6 1RF

01628 796675

Data Protection: [email address]

Website: http://www.rbwm.gov.uk
Follow us on Twitter: @RBWM
Like us on Facebook

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Dear foi,

Following the Internal review which has not provided an accurate answer I have passed my complaint to the Information Commissioner as advised.

Yours sincerely,

S. Glanfield