Report of the Strategic Director (Neighbourhoods)

This report provides an update on demand for and performance of the Compliance and Enforcement service during 2022/23. The report also provides a forward look at on- going and new challenges as a result of changes to legislation, policy and areas of growth that will have an impact on the work carried out by Compliance & Enforcement teams.

The Committee considered the report of the Strategic Director (Neighbourhoods) that provided an update on demand for and performance of the Compliance and Enforcement service during 2022/23. The report also provided a forward look at on- going and new challenges as a result of changes to legislation, policy and areas of growth that would have an impact on the work carried out by Compliance and Enforcement teams.

Key points and themes in the report included:

·         Providing an introduction and background to the service;

·         Describing the variety of teams that make up the Compliance and Enforcement services and their remits;

·         Information on the demand on service with comparative data;

·         Case studies across a range of activities;

·         Information on proactive work across a range of activities;

·         Information on programmed work across a range of activities;

·         Information and data relating to formal enforcement action;

·         Discussion of ongoing and emerging challenges; and

·         An update on the introduction of the new case management system.

Some of the key points that arose from the Committee’s discussions were:

·         Welcoming the informative report and suggesting that this report be circulated to all Councillors for information;

·         Recognising the work undertaken by the staff in the various teams to improve the environment for the residents of Manchester;

·         Were there enough resources across the teams to deliver the scale of work described;

·         Noting that benchmarking and comparative data would be useful in future update reports with consideration given to population change;

·         Noting that in the future the Committee may wish to consider receiving reports on specific activities of interest so that deeper consideration could be given to a specific area;

·         What was the approach to removing graffiti from private land;

·         Had there been any analysis undertaken as to the impact of using CCTV to tackle environmental crimes;

·         What was the approach taken to fly-tipping incidents when legal action was not pursued;

·         Were fines secured as a result of legal action ringfenced for the respective service area taking enforcement action;

·         Noting the proliferation of vape shops on the high street, often selling illegal products and the public health risk these posed to specifically to young people;

·         The issue of damp and mould in housing was an issue for many residents across the city;

·         Illegal evictions and the use of Section 21 Notice to Quit needed to end;

·         Calling for more enforced sales of empty properties to bring more houses back into the market;

·         Who would enforce any breaches of a Construction Management Plan; and

·         More Selective Licensing Schemes needed to be established to ensure greater control of the Private Rented Sector and to raise housing conditions within the Private Rented Sector.

The Head of Compliance, Enforcement and Community Safety welcomed the positive comments from the Committee and said that this would be relayed to the staff. She further paid tribute to her colleagues who had collated all of the information to publish in the report. She addressed the issue of benchmarking and said that this would be difficult to meaningfully do as Manchester did more than many other Local Authorities and different Local Authorities organised their services differently which made comparing like with like challenging. She stated that they did use statistics published at a national level, where these were available, and liaised with other core cities to share learning and good practice. She said that the Compliance and Performance Team did monitor trends and were alive to the issue of population trends. She commented that the new case management system that would replace the current FLARE system would strengthen this work.

The Head of Compliance, Enforcement and Community Safety said that it was the responsibility of the land / property owner to remove graffiti. She said that information was available on the Council’s website to advise people as to where responsibilities rested depending on the tenure of land/property. She said that they would work with landowners to encourage them to remove graffiti and ultimately the Council could undertake enforcement action and remove graffiti, however she added that this would be at a cost to the public purse. She did clarify that any racist or hate crime related graffiti would be removed. She said that where fly-tipping cases were not pursued for legal action due to a lack of evidence this would be removed, adding that all Requests for Service were looked into by officers. 

The Head of Compliance, Enforcement and Community Safety stated that additional resources for teams would always be welcomed. She said that all available resources were deployed to deliver the work and respond to changes in legislation. She stated that when considered necessary, a business case would be prepared for additional resources. 

The Head of Compliance, Enforcement and Community Safety said that CCTV was a useful tool to identify vehicles that were responsible for fly-tipping and other environmental crimes. She added that any prosecutions were publicised via press releases. In reply to the question relating to Construction Management Plans she commented that this would be the responsibility of Planning.

In response to the discussion regarding the selling of vapes, the Head of Compliance, Enforcement and Community Safety said that this was an issue that cut across a number of services. She said that Trading Standards did undertake test purchasing exercises and that Trading Standards worked closely with Greater Manchester Police (GMP). She said that local intelligence from residents and Councillors helped to inform how work was targeted and all powers available were used to address the issue of illegal vapes and the selling to minors. She said that currently this was a significant area of work for the service and work was ongoing with Public Health colleagues to reiterate and articulate the key messaging on this issue.

In response to a question regarding people trafficking, the Head of Compliance, Enforcement and Community Safety said that this crime fell within the remit of GMP, however if staff became aware of any suspected cases when undertaking their routine activities they would make the appropriate referral, in a similar way any safeguarding referrals would be made if officers had any concerns.

The Head of Compliance, Enforcement and Community Safety said that the allocation of money resulting from enforcement action and fines depended on the legislation under which the action was taken. She said that, for example, receipts from Fixed Penalty Notices and Civil Penalties would be retained by the Council and ringfenced, however, some fines issued by the Courts would be paid to the Treasury.

The Executive Member for Housing and Development said that Manchester was alert to the issue of damp and mould, illegal evictions and continued the call for an end to Section 21 evictions. He said that any tenant could make a Request for Service for issues related to damp and mould, adding that they did not have to live within a designated Selective Licensing area. He commented that everyone was entitled to live in safe accommodation and Manchester would continue to support residents. He said that the intention was to extend the Selective Licensing Scheme and progress against this ambition was reported to the Economy and Regeneration Scrutiny Committee.

The Executive Member for Housing and Development said that the legal process to secure and enforce the sale of an empty property was complex and could be lengthy, however it was the intention to increase the exercising of a range of powers to bring more empty properties back into use.

The Executive Member for Vibrant Neighbourhoods paid tribute to the staff working across the various teams who worked hard, with many competing pressures on behalf of the residents of the city. She stated that the service was understaffed due to the ongoing budget restrictions that had been imposed on the Council over the previous years that had seen cuts to Neighbourhood Services. She made a call for action by residents, businesses and partners to make changes and take action to improve the physical environment of the city and neighbourhoods.

Decision

To note the report.

[Councillor Wright declared a personal and non-prejudicial interest as she is an employee at His Majesty’s Revenue and Customs]