FOI request (FOIR-413370110)

FPNs issued by private company

Requested Tue 05 April 2022
Responded Wed 13 April 2022

I would like the following information please:

1. Please state if your council currently employs, or has recently employed, a private company for issuing fixed penalty notices (FPNs) for environmental or anti-social behaviour offences? If so, please state the name of the company.

2. Please state the offences for which the private company is contracted to issue FPNs (for example, littering, PSPOs, A-boards, fly posting).

3. Please state all FPNs issued by the company in the financial year 1 April 2021 - 31 March 2022. If possible, please state the number and value of the penalties issued, and the offences for which they were issued. (Note, please provide the data in the form in which you hold it. This is not a request for you to carry out independent or new research).

4. Please state the nature of the financial arrangement between your council and the company for the issuing of FPNs (for example, the percentage split of issued or paid FPNs, or an hourly rate). Please additionally provide the contract between yourself and the private company.

Note that the disclosure of contracts is required by Defra Effective Enforcement Code of Practice, p30: 'Where external contractors are used, the full text of such contracts/legal agreements, should be placed in the public domain by the council. The Local Government Transparency Code already requires that councils falling under the Code publish contracts over £5,000 and discourages the use of commercial confidentiality clauses to prevent such publication'.

5. Please provide the council report that justified the decision to contract the private company for the issuing of FPNs (for example, the report to cabinet or to a scrutiny committee).

6. Please state whether appeals of FPNs are considered by the council or by the private company.

7. Please state the number of council prosecutions for the non-payment of FPNs issued by the private company in the year 1 April 2021 - 31 March 2022. If possible, please state any amounts awarded to the council as a result of these cases (for example, legal costs and other awards).

8. Please state the income received by the private company for the issuing of FPNs on behalf of your council between 1 April 2021 - 31 March 2022.

9. Please state the income received by the council resulting from FPNs issued by the private company between 1 April 2021 - 31 March 2022. Please state what this FPN income is used for (for example, Payment of salaries in the environmental department, particular public projects, street cleaning).

This request asks for information regarding a private contract that should be held on record. It asks for your basic bookkeeping regarding this contract, not for independent research into individual cases. If possible, I would like the information in Excel or Word format, please.

Response

Hastings Borough Council does not employ a private company to issue Fixed Penalty Notices.