Decision No: CAB012 - 06/2009

Forward Plan No: HL03236

This record relates to A06 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

29/06/2009  

DECISION-MAKER:

THE CABINET  

PORTFOLIO AREA:

Housing and Local Services  

SUBJECT:

Private Sector Housing Enforcement Policy  

AUTHOR:

Paul Juan  

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
(i) To approve and adopt the draft Private Sector Housing Enforcement Policy, attached at Appendix 1.
(ii) To delegate authority to the Head of Housing Solutions to make minor or necessary revisions to the policy as the need arises, following consultation with the relevant Cabinet Member.
 

REASONS FOR THE DECISION

1. The existing enforcement policy needs to be amended to reflect current legislation and guidance. Enforcement policies across the council have recently been reviewed or are in the process of being reviewed to ensure they are line with the corporate enforcement policy, approved on 17 September 2007.
2. Enforcement action provides the means to target the worst housing conditions in the city. An up-to-date enforcement policy is necessary to ensure appropriate and justifiable enforcement decisions are made and to provide consistency of approach across the service. Members of the public also need to know what to expect from the service when poor conditions are identified in private housing. To ensure that the policy remains up to date, minor changes may need to be made as a result of new legislation or guidance.


3. Should there be any appeals against council enforcement action, or if any prosecution action is taken by the Council, it will be necessary to show that the Council has an enforcement policy and that it was adhered to at all stages.
 

DETAILS OF ANY ALTERNATIVE OPTIONS

1. The alternative option considered was to retain the enforcement policy that was approved in 2005, with minor amendments. It would not then require a full Cabinet decision, but could be delegated to the Head of Housing Solutions to approve the changes.
2. It is not recommended that this option is progressed as the main legislation on which Private Sector Housing takes enforcement (Housing Acts) has changed significantly, with many of the Housing Act 2004 powers coming into force in April 2006. In addition, more recent legislation and guidance has been published with regard to consistency, the impact of local authority intervention on economic progress, reasons for inspections and proportionate sanctions. These changes are considered to be major changes and therefore, the 2005 policy could not be amended to reflect these new additions and needed to be re-written.
 

OTHER RELEVANT MATTERS CONCERNING THE DECISION

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

29/06/2009

The Cabinet

Proper Officer:

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

30 June 2009 to 07 July 2009

Date of Call-in (if applicable) (this suspends implementation)

Call-in Procedure completed (if applicable)

Call-in heard by (if applicable)

Results of Call-in (if applicable)