Agenda item

Report of the Director of Environment and Resident Experience. To be introduced by the Cabinet Member for Resident Services & Tackling Inequality.

Award of a contract for provision of Environmental Enforcement Services, to undertake engagement & resident behaviour change, issue enforcement notice and prepare prosecution files in relation to environmental issues such as fly tipping and graffiti.

The Cabinet Member for Tackling Inequality and Resident Services, introduced the report which sought approval to award an Environmental Enforcement Services contract, following a competitive open procurement process, to issue fixed penalty notices under the relevant legislation for fly-tipping and littering, anti-social behaviour and other offences.

It was noted that the successful service provider would provide a fully managed and cost neutral service across the borough to tackle issues of fly-tipping and littering. The provider would provide staff to manage the service including uniformed officers to patrol and issue fixed penalty notices (FPNs), and a back-office team to manage payments, complaints and where necessary develop prosecution files. The provider would also carry out behaviour change through Social Value deliverables and education.

The contract was proposed to be awarded for a period of 1 year, with the option to extend for an additional year subject to terms and conditions.

The Cabinet Member expressed that fly –tipping and littering and antisocial behaviour was a key concern for residents as demonstrated in reporting channels to the Council. The Council had a small in-house team and following best practise reviews of other boroughs, the recommended way forward, to tackle this behaviour, was to increase capacity for issuing fines and to engage a third-party enforcement service to do this work.

In response to questions from Cllr Connor, the following information was noted:

-           The contract was cost neutral, and more details were set out in the exempt part of the report which could not be shared in the public meeting. Essentially, the provider will retain a percentage of the fine to cover their cost and the arrangement will also enable the Council to meet their income target.

-           In relation to ensuring the process of fines is as fair as possible and that there is a representation channel, the Cabinet Member emphasised that a fine will only be given if a criminal or environmental offence has been committed and this provision was needed to support the culture change needed in the borough to deter fly- tipping, littering and antisocial behaviour. There was currently no consequence to these actions and this provision was needed. In addition, to provide assurance, there would be a form of appeal available, online, to residents and this may not be described as an ‘appeal’ but would allow representations by residents to be put forward to the local authority.

Further to considering the exempt information and exempt recommendations at agenda item 23,

RESOLVED:

1.         To approve the award of an Environmental Enforcement Contract to Bidder C for a value as set out in Exempt Part B of this report for a 1-year contract plus 1 year extension in line with CSO 9.07.1(d).

2.         To note that the cost of the services should be cost neutral, as the income generated through FPNs will offset the cost to deliver the services.

3.         To provide Bidder C the function and authorisation to issue FPNs pursuant to:

-           a. s88(10)(b) of the Environmental Protection Act 1990 (EPA 1990), to issue FPNs under s87(1), s88, s33, s34, s34 (2A), s46 and s47 of the EPA 1990;

-           b. s53(1)(c) of the Anti-Social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), to

-           issue FPNs under s43, s48, s63 and s67 of ABCPA 2014; and

c. The Highways Act 1980, to issue FPNs under s139(3) of the Highways Act 1980.

Reasons for decision

Litter and fly-tipping are amongst the biggest concerns for the residents of Haringey, and the issues are noticeable across the borough. Education and enforcement have a significant role to play in reducing the amount of litter and fly-tipping on our streets and changing people’s behaviours and attitude.

Under the ‘A cleaner, low waste Haringey’ theme of the Council’s Corporate Delivery Plan 2024 -2026, the Council has set an activity for ‘Enhanced environmental enforcement, including targeted deployment (Monday – Sunday) of proactive litter & waste enforcement patrols in Town Centres and hot spot locations across the borough’.

A procurement process was undertaken to find a suitably qualified organisation to provide environmental enforcement services. It is recommended that a Contract is awarded to the bidder who submitted the highest scoring tender.

Alternative options considered

The Council could do nothing and continue to deliver the service in-house only. This service has been delivered by Haringey officers since 2018. However, the service is currently unable to meet its full potential due to the volume of demand. Furthermore, an MTFS saving of £100k for 2024/25 requires additional enforcement support. By enhancing the level of enforcement with a third-party specialist operator on a cost neutral basis, it is expected that the Council will meet its MTFS target, whilst allowing in house officers to focus on other preventative measures (including prosecutions) of fly tipping and environmental enforcement issues.

The Council could stop undertaking enforcement action against those who are purposefully dropping litter and dumping waste across the borough. Without education and a deterrent, this could lead to an increase in instances of littering and dumping waste across the borough. This would have impacts on other services, such as the street cleansing, but also impact on the satisfaction of residents, businesses and visitors. This would mean that the Council does not complete an activity as set out within the Corporate Delivery Plan 2024 – 2026. Therefore, this is not recommended.