Rights of way enforcement policy
10. Appendix 1
Enforcement procedure
| Objective | Provide a streamline process for RoW Ops Team to observe, ensuring that issues are uniformly and consistently processed as far as practicable, in order to comply with duties under the Highways Act 1980 |
|---|---|
| Input | Data Input, inspections, and various assessments operate in parameters of Scheme of Delegation |
| Output | Compliance with legal requirements and/or legal action under Scheme of Delegation |
| Procedure owner | Rights of way operations team - team leader |
1. Procedure: customer report in CAMS
Assume that the issue in CAMS has already been assessed through the Customer Reports Procedure, and that it is an issue RoW Ops has responsibility for, that the customer has been acknowledged and advised of procedure.
Who's responsible: assistant rights of way officer.
2. Decision: can issue be dealt with via standard letter
Either using templates, eg. Ploughing and Cropping or another standard obstruction letter, if yes go to 3. If no go to 4.
Who's responsible: assistant rights of way officer.
3. Procedure: find owner or responsible person and write letter
Find landowner using the Landownership process, then using the correct template write letter to the person responsible.
Who's responsible: assistant rights of way officer.
4. Activity: Pass to AROWO
Escalate enforcement issue to the Area Rights of Way officer provide the relevant information.
Who's responsible: assistant rights of way officer.
5. Decision: Does it need inspection?
From the information within the report and reviewing the information contained in the database does this issue need inspection or has it already been assessed and found not to be an issue, or is it already a matter on ‘monitor’, if yes go to 6. If no go to 8.
Who's responsible: area rights of way officer.
6. Activity: fit in site inspection/ raise inspection sheet
Raise an inspection sheet, including map etc.
Who's responsible: area rights of way officer.
7. Decision: carry out site inspection and assess compliance/ continued presence of illegality
Attend the site, assess if the issue reported is the responsibility of the landowner and is the problem an offence. Would it be possible to resolve easily using in house RoW gangs. If on illegality go to 9 – If not, go to 8.
Who's responsible: area rights of way officer.
8. Procedure: sign off, monitor CAMS and alert customer to findings
Sign off the issue and alert the customer to the findings and/or likely actions.
Who's responsible: assistant rights of way officer and area rights of way officer.
9. Activity: make contact with person responsible and advise of offence and actions required
Refer to point 3. Finding the landowner. Write to the person likely to be responsible, using an appropriate template if available, and advise them of the offence – ALERT them to the actual sections of the relevant Act, ensure that a time scale/limit is indicated in the letter, ensure that they are advised if relevant to RPA Area Payment Scheme.
Who's responsible: area rights of way officer.
Hold point - hold for legal time limits up to 28 days
Hold for the period of time outlined in the letter up to 28 days.
10. Decision: has person responsible responded
Has the owner responded, confirmed that the issue is resolved does it need a further inspection, go to 11. If they have NOT responded also go to 11. If they have responded but the issue is not their responsibility go back to 9 .
Who's responsible: area rights of way officer.
11. Activity: carry out a site inspection is illegality still present?
Carry out a site inspection to assess if the issue is still a matter to resolve, if there is still an issue go to 13, if there is no longer an issue go to 12.
Who's responsible: assistant rights of way officer and area rights of way officer.
12. Activity: no, sign off issue NFA
Sign off the issue as resolved and follow procedure for 19.
Who's responsible: area rights of way officer.
13. Activity: escalate to team leader
Brief the team leader and provide relevant information, including history, photos, AMIAP!
Who's responsible: area rights of way officer and team leader.
14. Decision: is issue actionable under the Highways ACT 80
Review relevant information and assess if issue is an offence that is actionable. If No and it may be resolved using the maintenance gangs go to 15. If Yes go to 16.
Who's responsible: area rights of way officer and team leader.
15. Procedure: if maintenance issue or rights of way gang can resolve
Issue an instruction to the RoW Gang to carry out works – NB only use this as an option following an assessment, is this the quickest cheapest option – It must not be setting a precedent, it must not resolve an unlawful structure.
Who's responsible: assistant rights of way officer and area rights of way officer.
16. Activity: advise AROWO on correct legislation review evidence for notice
Review the evidence ensure sufficient to prove the offence and that it is complete. Advise Area Rights of Way Officer of legal action and relevant acts.
Who's responsible: area rights of way officer and team leader.
17. Activity: raise notice and serve by recorded delivery post
AROWO to raise relevant Notice (Refer to Scheme of Delegation) - checked by Team Leader and signed, post notice to responsible owner – send by recorded delivery.
Who's responsible: area rights of way officer.
Who's accountable: Team leader
Who's consulted: legal services
Hold point: hold for legal time limits up to 28 days
Ensure that time limit is observed – in accordance with the correspondence/legal notice.
18. Decision: carry out site inspection is issue resolved
On expiry of time in legal notice carry out a site inspection, gather evidence, take photos, is the issue resolved satisfactorily, Yes go to 19 if No go to 20.
Who's responsible: area rights of way officer.
19. Procedure: sign off CAMS/alert customer to findings
Sign off the issue, and alert the customer.
Who's responsible: area rights of way officer.
20. Activity: issue still O/S advise Team Leader
Advise TL of current situation, brief on any other information pertaining since 17 if any, provide new photos or evidence if available.
Who's responsible: area rights of way officer.
Who's accountable: Team leader
21. Decision: can issue be resolved by work in default
NB only use this as an option following an assessment, (is it necessary to delay work in default because of ground conditions, or crop rotation), if it is achievable go to 22.
If it is not achievable or it is necessary to seek further legal advice, go to 24.
Who's responsible: Team leader
22. Activity: issue work instruction to RoW gang and attend site
Raise the works instruction, and arrange with the gang to attend the site, ensure that a risk assessment of the site is completed, does it require a police presence, is owner likely to commit a breach of the peace or is there any possibility of an actual assault or verbal assault.
On completion of the job go to 23.
Who's responsible: area rights of way officer.
Who's accountable: Team leader
23. Procedure: on completion of work close CAMS/alert customer
Sign off the issue, and alert the customer.
Who's responsible: area rights of way officer.
24. Activity: If no activity, advise legal services of inaction and proceed to prosecution
Review the case with legal services. Is further evidence required. Evidence should be gathered through all relevant steps, copies of letters and correspondence recorded both from the public and to and from the responsible person, photos taken during site visits and officer and file notes recorded.
If it is not possible to carry out work in default through a legal notice, would prosecution resolve the issue.
Consider calling person in for interview under PACE. AROWO to compile a report containing all evidence, photos, history of issue and actions taken.
Send to Legal Services for review. Head of Legal Services to determine sufficient evidence to apply to Magistrates Court for prosecution.
Who's responsible: area rights of way officer.
Who's consulted: Legal services