CIRCUMSTANCES REQUIRING AGENCY LEGAL POWER AND ACTION INTERVENTION Environmental Power to require removal of noxious matter by Where resident not willing to co-operate and Health occupier of premises (s.79 Public Health Act) property containing noxious matter Where the resident is not willing to co-operate the LA can serve notice on the owner or occupier to “remove accumulations of noxious matter‟. Noxious not defined, but usually is “harmful, unwholesome‟. No appeal available. If not complied with in 24 hours, The LA can do works in default and recover expenses. Environmental Cleansing of filthy or verminous premises (s.83 Where any premises, tent, van, shed, ship or Health Public Health Act) boat is either; LA serves notice requiring clearance of materials and objects that are filthy, cleansing of surfaces, a) Filthy or unwholesome so as to be carpets etc. within 24 hours or more. If not complied prejudicial to health; or with, Environmental Health (EH) can carry out works b) Verminous (relating to rats, mice other in default and charge. No appeal against notice but pests including insects, their eggs and an appeal can be made against the cost and larvae) reasonableness of the works on the notice. Under s.84 items can be cleaned or destroyed to prevent injury to persons in the premises Environmental Dealing with Statutory Nuisances (s.80 SNs are defined in section 79 of the Act and Health Environmental Protection Act 1990) include any act or omission at premises that prevents the normal activities and use of another premises, including the following: Section 79 (1) (a) any premises in such a state as to be prejudicial to health or a nuisance (c) Fumes or gases emitted from [private dwellings] premises so as to be prejudicial to health or a nuisance (e) Any accumulation or deposit which is prejudicial to health or a nuisance
(f) Any animal kept in such a place or manner as to be prejudicial to health or a nuisance The LA serves an Abatement Notice made under section 80 to abate the nuisance if it exists at the time or to prevent its occurrence or recurrence. Environmental Power of LA to require action to prevent or treat Notice may be served on owner or occupier of Health Rats and Mice (s.4 Public Health Act) land/ premises where rats and/ or mice are or Notice may be served on the owner or occupier and may be present due to the conditions at the provide a reasonable period of time to carry out time reasonable works to treat for rats and/or mice, remove materials that may feed or harbour them and carry out structural works. The LA may carry out works in default and charge for these. Environmental Power of entry/Warrant Non-engagement of person. To gain entry for Health (s.287 Public Health Act) examination/execution of necessary work (all Gain entry for examination of necessary work tenure including Leaseholders/Freeholders). required under Public Health Act Police attendance required for forced entry. Environmental Power of entry/Warrant Non-engagement of person/entry previously Health (s.239/240 Public Health Act) denied. To survey and examine (all tenure Environmental Health Officer to apply to Magistrate. including Leaseholders/Freeholders). Good reason to force entry will be required (all party evidence gathering) Police attendance required. Environmental Enforcement Notice (s.83 PHA 1936) Filthy or unwholesome condition of premises Health Notice requires person served to comply. Failure to (articles requiring cleansing or destruction) do so can lead to council carrying out requirements, prevention of injury or danger to person served. at own expense; though can recover expenses that (All tenure including were reasonably incurred. Leaseholders/Freeholders/Empty properties). Environmental Litter Clearing Notice Where land open to air if defaced by refuse Health (s.92a Environmental Protection Act 1990) which is detrimental to the amenity of the
Environmental Health to make an assessment to locality. An example would be where hoarding see if this option is the most suitable. has spilled over into a garden area. Police Power of Entry (s.17 of Police and Criminal Information that someone was inside the Evidence Act) premises was ill or injured and the Police would Person inside the property is not responding to need to gain entry to save life and limb. outside contact and there is evidence of danger. Animal Welfare Animal Welfare Act 2006 Cases of animal mistreatments/neglect. Agencies such Offences (Improvement Notice) The Act makes it not only against the law to be as RSPCA/Local Education for owner preferred initial step, cruel to an animal but that a person must Authority e.g. improvement notice issued and monitored, if not ensure that the welfare needs of the animals Environmental complied can lead to a fine or imprisonment. are met. Health/DEFRA See also http://www.defra.gov.uk/wildlife-pets/. Local Care Act 2014 An assessment must seek to establish the total Authority/Adult Duty to assess needs where requested for any adult extent of needs before the local authority considers the person’s eligibility for care and Social Care who appears to have any level of needs for care and support and what types of care and support can support, regardless of whether or not the local help to meet those needs authority thinks the individual has eligible needs. Mental Health Mental Health Act 1983 Evidence must be laid before a magistrate by Section 135(1) an AMHP that there is reasonable cause to Provides for police officer to enter a private believe that a person premises, if need be by force, to search for and, if - Is suffering from mental disorder and is thought fit, remove a person to a place of safety if being certain grounds are met following assessment. - Ill-treated, or The police officer must be accompanied by an - Neglected, or Approved Mental Health Professional (AMHP) and a - Being kept other than under proper doctor. control, or NB. Place of safety is usually the mental health unit, - If living alone is unable to care for self but can be the Emergency Department of a general And that the action is a proportionate response hospital, or anywhere willing to act as such. to the risks involved. Consideration of S1, 2 of MHA 1983 could be used. Information The Guide for Professionals on Sharing Information Where someone could be harmed or harm Sharing utilizes the key legislative frameworks others, where a crime is likely or has taken place and where someone could be coerced or harassed into decision making
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