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Private Sector Housing Enforcement Policy 2024

10.0 Civil Penalties

10.1 Civil Penalties are an alternative disposal method to a prosecution. The Local Authority can choose to impose a Civil Penalty for any qualifying offence instead of prosecuting the responsible person.

10.2 When deciding whether to apply a Civil Penalty, the Council must be satisfied that there is sufficient admissible and reliable evidence that an offence has been committed by an identifiable individual(s) or company and that there would be a realistic prospect of conviction where the matter would be prosecuted in the courts.

10.3 The criminal standard of burden of proof, 'beyond reasonable doubt', must be evidenced in the officers file that this standard has been met.

10.4 Where the Council is satisfied that a relevant offence has been committed, Civil Penalties will, in most cases, be the primary consideration for the Council.

10.5 There will however be circumstances where a Simple Caution or Prosecution remains the most appropriate course of action. The higher the culpability of the offender, the worse their track record, and/or the higher the risk of harm presented the more likely that a prosecution will be pursued.

10.6 Any decision to apply a Civil Penalty will be fully considered by panel made up of the Head of Housing, Migration and Resettlement, the Private Sector Housing Manager and one other manager. A recommendation will then be made by the Private Sector Housing Manager to the Council's Legal Team.

10.7 If it is deemed that a Civil Penalty is the appropriate course of action the Council will fully adhere to the processes set out in the Housing and Planning Act 2016.

10.8 As an absolute minimum in determining the level of Civil Penalty to impose the Council will ensure that the Penalty removes any financial benefit the offender may have obtained as a result of committing the offence.

10.9 Revenue from Civil Penalties is ring fenced to support further Housing Enforcement Work.

10.10 Statutory Guidance on Civil Penalties can be found on GOV.UK: Civil penalties under the Housing and Planning Act 2016 (opens new window).

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