Decision details

STOCKTON-ON-TEES BOROUGH COUNCIL

CABINET DECISION

PROFORMA

Cabinet Meeting ........................................................................ 14 November 2024

1.         Title of Item/Report

            Civil Penalty Policy

2.         Record of the Decision

            Consideration was given to a report on the Civil Penalty Policy. 

Following a recent Upper Tribunal decision (Leicester City Council vs Morjaria) the report detailed proposed changes to the Councils Civil Penalty Policy and Civil Penalty Fee structure to ensure it was robust and mitigated the risk of successful appeals.  Members were also asked to approve a streamlined process of progressing financial penalty notices of intent and final notices.

RESOLVED that:-

1. The amended Civil Penalty policy and fee matrix (Appendix A of the report) be approved.

2. As detailed in paragraph 22 of the report delegated authority be given to the Director of Adults, Health & Wellbeing in consultation with the Cabinet Member for Regeneration and Housing to make any further / necessary amendments to the Civil Penalty Policy and associated financial penalty policies. 

3. The streamlined process for signing off financial penalty notices of intent and final notices (as detailed in paragraph 23 of the report) be approved.

3.         Reasons for the Decision

The Housing and Planning Act 2016 introduced financial penalties as an alternative to prosecution for certain relevant housing offences. In December 2017, Cabinet approved the introduction of a Civil Penalty policy (Cabinet Decision Record D170112) and a fee structure for the calculation of Civil Penalty fees in October 2019 (Decision Record EGDS.HS.214.19).  The fee structure was further updated in October 2022 (Decision Record FDR.153.2223).  However, in June 2023, the Upper Tribunal (UT) decision in Leicester City Council vs Morjaria stated that there should be starting levels for each offence. This rendered the councils existing Civil Penalty policy at risk of successful appeals. Subsequently the amendments proposed to the Civil Penalty Policy and Civil Penalty Fee calculation/structure reflect the UT’s decision and assigns starting levels to each relevant offence. The updated policy will ensure that the Council can continue to take appropriate action to drive up standards of property management and condition in the private rented housing sector.

4.         Alternative Options Considered and Rejected

            None

5.         Declared (Cabinet Member) Conflicts of Interest

            None

6.         Details of any Dispensations

            None

7.         Date and Time by which Call In must be executed

            Midnight Friday 22 November 2024

Proper Officer