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sappery760  
#1 Posted : 30 May 2017 07:41:03(UTC)
Rank: Forum user
sappery760

Does anybody know what the process is where an enforcer [local council Environmental Health / licensing] can be enforced / held to account where they have failed to do their duty

Xavier123  
#2 Posted : 30 May 2017 08:06:40(UTC)
Rank: Super forum user
Xavier123

Complaints process within the relevant Local Authority will be your first port of call - normally the manager of the officer making the decision/lack of decision that you disagree with.  There will be a level or two above that too.  If they're good then their own website should detail the process.

'Enforced' is the wrong term though...but certainly held to account.  Ultimately the relevant Ombudsman forms the last line for complaints but even they have no strict legal powers to 'enforce' their verdicts.

 

O'Donnell54548  
#3 Posted : 30 May 2017 10:46:02(UTC)
Rank: Super forum user
O'Donnell54548

I think Xavier has got the wrong end of the stick. In answer to the question I believe the LA are responsible for enforcement at their local HSE, and the HSE are responsible for LAs, but I am happy to be corrected if I am mistaken..    

Xavier123  
#4 Posted : 30 May 2017 11:38:29(UTC)
Rank: Super forum user
Xavier123

I read person, you read organisation.  Could be either! ;)

But now the OP has both potential answers.

O'Donnell54548  
#5 Posted : 30 May 2017 12:13:01(UTC)
Rank: Super forum user
O'Donnell54548

Fair point Xavier, my apologies

Ron Hunter  
#6 Posted : 30 May 2017 12:30:47(UTC)
Rank: Super forum user
Ron Hunter

Originally Posted by: O'Donnell54548 Go to Quoted Post

I think Xavier has got the wrong end of the stick. In answer to the question I believe the LA are responsible for enforcement at their local HSE, and the HSE are responsible for LAs, but I am happy to be corrected if I am mistaken..    

Whilst HSE can take the Local Authority to task, I very much doubt that this would work the other way!

RayRapp  
#7 Posted : 30 May 2017 12:51:01(UTC)
Rank: Super forum user
RayRapp

It is my understanding there is a protocol whereby the HSE police LAs and LAs police the HSE.

O'Donnell54548  
#8 Posted : 30 May 2017 13:02:33(UTC)
Rank: Super forum user
O'Donnell54548

The Health & Safety (Enforcement Autority) Regulations 1998 A-Z Guide to Allocation states that LAs are responsible for enforcement in HSE offices, and the HSE is responsible for laboratories carrying out work for them.    

A Brown  
#9 Posted : 30 May 2017 17:18:38(UTC)
Rank: Forum user
A Brown

That is corrrect. It is covered during your training as an inspector.

I imagine that's the nearest it's ever got to being put into action.........

We used to do the odd joint visit with our LA colleagues during refurbishment campaigns, and I think that would be the only time they were in our offices.

Can you imagine.......

Al

Xavier123  
#10 Posted : 31 May 2017 08:33:11(UTC)
Rank: Super forum user
Xavier123

Given that there are 350 odd LA's all over the UK and that they run parks, run waste transfer sites, operate vehicle fleets, repair roads, run schools etc. etc., then the HSE are far more likely to be knocking on their door than the other way around where the HSE (in the main and HSL aside) have offices.

Gonna have to be something spectacuarly wrong and ignored by the HSE for the LA to become involved in enforcement!

A colleague and I highlighted some poor window cleaning practice at Rose Court a few years ago... (in all fairness, not the HSE's fault since they were only tenants but was definitely one of those ironic moments)

chris42  
#11 Posted : 31 May 2017 09:01:20(UTC)
Rank: Super forum user
chris42

Different enforcer the EA, 

http://news.bbc.co.uk/1/hi/england/devon/4992048.stm

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