PAPER C
FIRE AND PUBLIC SAFETY
SELECT COMMITTEE – 15 FEBRUARY 2005
CONSUMER PROTECTION –
COMPETENCES OF ENFORCEMENT ROLES
REPORT OF THE
PORTFOLIO HOLDER FOR FIRE, EMERGENCY PLANNING AND CONSUMER PROTECTION
REASON FOR SELECT COMMITTEE CONSIDERATION
This report was requested at a meeting of the Fire and
Public Safety Select Committee on 18 October 2004. The minute of the Select Committee reads “That the core
competences of the enforcement roles within Consumer Protection be reviewed and
brought back to the Select Committee in three months”.
ACTION REQUIRED BY THE SELECT COMMITTEE
The Select Committee is invited to note the
information provided and determine whether or not additional information is
required or actions be implemented.
BACKGROUND
1. The varied functions of Consumer Protection
are subject to regular government scrutiny by organisations such as the Food
Standards Agency (FSA), the Health and Safety Executive (HSE), the Department
of the Environment Food and Rural Affairs (DEFRA) and the Department of Trade
and Industry (DTi) who all require the annual submission of performance
information. In respect of the FSA and HSE we are also subjected to audit
against national performance criteria.
The executive summary of the most recent audit carried out in September
2002 by the FSA is attached (sent to Members under separate cover). An important aspect of the performance
criteria is the requirement for competent staff performing the respective
functions.
2.
In
addition to this national scrutiny Environmental Health is an active member of
the Hampshire and IOW Performance Improvement Group whose terms of reference
include:
a.
To
carry out periodic benchmarking activities across the “core” and “non core”
Environmental Health Services within Hampshire and the Isle of Wight using the
best available techniques and commensurate with the value of such information.
b.
To
develop a range of outcome based local performance indicators and to
co-ordinate the periodic collection, collation and dissemination of performance
information for an agreed set of county wide indicators.
c.
To
extend benchmarking activities beyond the county boundary to identify class
leaders and best practice that could be used for the benefit of the Hants and
Isle of Wight areas.
d.
To
identify strengths and weaknesses emerging from the county-wide CPA assessments
and to support the information gathering requirements for future
assessments.
3.
As
part of this group Environmental Health undergo inter authority audits against
agreed performance criteria identified as best practice. This group’s work has been recognised
nationally by the Charted Institute of Environmental Health and the Public
Sector Benchmarking Service. Again the
“local” criteria include staff competency requirements which mirror and
supplement national criteria.
4.
The
executive summaries of the latest reports relating to Environmental Control and
Health and Safety are attached as appendices (sent to Members under separate
cover).
5.
Changes
are being introduced into work arrangements within EH with the aim of improving
the efficiency and effectiveness of the enforcement officer role. The aim is to retrain existing and or
recruit generalist officers who will then be able to perform enhanced
enforcement roles. This is a long term
development requiring resources both in monetary and time terms owing to the
training requirements to meet competency criteria set out in national statutory
guidance.
6.
Insofar
as Trading Standards is concerned the primary obligation imposed on this Council
is a requirement to demonstrate that the Service broadly satisfies a National
Performance Framework established by the DTi.
7.
The
Select Committee may wish to note that government lead reviews are periodically
undertaken of the qualification arrangements for both Environmental Health and
Trading Standards Officers. Appendix 5 of this report includes
information about the current review of the Trading Standards qualification
(sent to Members under separate cover).
8.
Finally
the Select Committee may wish to know that a potentially far reaching review of
national and local government regulatory services is currently underway. The government sponsored Hampton Review is
due to report in the early summer.
Information is included in an appendix (sent to Members under separate
cover).
RELEVANT PLANS, POLICIES, STRATEGIES AND PERFORMANCE
INDICATORS
Consumer Protection Service
BV166a and b as reported in QPMR
Relevant legislation
Consumer Protection achieved Investors in People
Accreditation during 2004
CONSULTATION PROCESS
See references to consultation in appendices.
FINANCIAL, LEGAL, CRIME AND DISORDER
IMPLICATIONS
Consumer Protection Services are
predominantly driven by legislation. In
most cases this Council is under a duty to protect its communities by promoting
compliance with a complex national legal framework. In the event that these arrangements are found to be inadequate
the Government has reserve powers to assume enforcement responsibility and
recover incidental costs incurred, from the Council.
BACKGROUND PAPERS USED IN THE
PREPARATION OF THIS REPORT
National Performance Framework –
Trading Standards
Food Standards Agency Audit IWC 2002
DTi website – Hampton Review
APPENDICES
The appendices have been forwarded to Select Committee
Members under separate cover.
Appendix 1 Executive Summary – Food Standards Agency report on IWC Food
Law Enforcement Service with action plan
Appendix 2 Chief EHO’s inter authority audit for Environmental Control –
executive summary
Appendix 3 Report of the Management of the Health and Safety Enforcement
Service – executive summary
Appendix 4 National Performance Framework for Trading Standards – Feedback
report IOW Trading Standards Service 2003/4
Appendix 5 Trading Standards Qualification Review -
background
Appendix 6 Hampton Review background information
identifying key issues
Contact Point: Rob Owen, Head of Consumer Protection
Tel: 823388, Email: [email protected]
COUNCILLOR DAVID KNOWLES
Portfolio Holder for Fire, Emergency
Planning and Consumer Protection