Agenda item

This report followed the Cabinet meeting on 15 November 2024, where it was agreed to award the Environmental Enforcement Services Contract (the Contract) to Kingdom Services Group Limited (Kingdom) for a 1-year contract with an option for a 1-year extension ("the award decision").

The decision authorised granting Kingdom and its employees the authority to issue Fixed Penalty Notices (FPNs) on behalf of the Authority. This included the power to issue FPNs under the Environmental Protection Act 1990, Anti-Social Behaviour, Crime and Policing Act 2014, and the Highways Act 1980.

Following a competitive procurement process, the Contract was awarded to Kingdom in November 2024, with services scheduled to begin in January 2025. The paper presented to Cabinet on 15 November 2024 included provisions to delegate authority to Kingdom to issue notices under the relevant legislation. However, after further review, it was determined that the delegation was insufficient to enable Kingdom employees to issue notices. The core services of the Contract were to focus on educating residents to reduce littering, along with enforcement under applicable legislation for violations like littering. Updated recommendations were drafted after receiving additional governance advice, ensuring that Kingdom employees would be able to fulfil their duties under the Contract when it began in January 2025.

The Cabinet Member RESOLVED:

Recommendations:

3.1 Authorise the Assistant Director Environment to agree variations to the Contract to the extent required to give Kingdom the function and authorise it to issue Fixed Penalty notices and warning notices and require payment of fixed penalties under the legislation set out at 3.2.1 - 3.2.6.

3.2 Authorise the Assistant Director Environment to authorise employees of Kingdom to issue Fixed Penalty Notices and warning notices and require payment of fixed penalties under the legislation set out at 3.2.1 - 3.2.6

3.2.1S88(10) of the Environmental Protection Act 1990 (EPA 1990), to issue FPNs under s87(1)of that Act EPA 1990;

3.2.2s33ZA(12) of EPA 1990 to issue FPNs for offences under s33 of that Act

3.2.3 s34ZA(12) of EPA 1990 to issue FPNs for offences under s34 of that Act

3.2.4 s47ZA(10) of EPA 1990 to issue FPNs for offences under s47 of that Act

3.2.5 s68(11) of the Anti-Social Behaviour, Crime and Policing Act 2014 to issue FPNs for offences under s63 and s67 of that Act

3.2.6s21 of the London Local Authorities Act 2003, to issue FPNs under sections 132(1), 137(1), 139(3), 161(1) and 169(5) of the Highways Act 1980

Reasons for decisions:

4.1 A procurement process was undertaken to find a suitably qualified organisation to provide environmental enforcement services which resulted in Award of Contract to Kingdom in November 2024.

4.2 For Kingdom to undertake the Services as part of the Contract, Kingdom, must have the function of giving notices, and its employees must be authorised to give them.

4.3 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.

4.4 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 deployed (Monday – Sunday) of proactive litter & waste enforcement patrols in Town Centres and hot spot locations across the borough’.

Alternative options considered:

5.1 The Council could do nothing, and Kingdom will be unable to issue FPN’s as detailed. The Council requires support to enforce this legislation and hence will be at risk of failure to do so.

5.2 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, his 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.