Appendix 2: Possible legal interventions Agency Legal Power and Action Circumstances requiring intervention Environmental Power of entry/ Warrant Non engagement of person. To gain health (s.287 Public Health Act) entry for Gain entry for examination/ examination/execution of necessary execution of necessary work work required under Public Health Act (All tenure including Leaseholders/ Police attendance required for Freeholders) forced entry Environmental Power of entry/ Warrant Non engagement of person/entry health (s.239/240 Public Health Act) previously denied. To survey and Environmental Health Officer to examine apply to Magistrate. Good reason (All tenure including Leaseholders/ to force entry will be required (all Freeholders) party evidence gathering) Police attendance required Environmental Enforcement Notice (s.83 PHA Filthy or unwholesome condition of 1936) health premises (articles requiring cleansing Notice requires person served to or destruction) Prevention of injury or comply. Failure to do so can lead danger to person served. to council carrying out (All tenure including Leaseholders/ requirements, at own expense; Freeholders/Empty properties) though can recover expenses that were reasonably incurred Environmental Litter Clearing Notice Where land open to air is defaced by health (Section 92a Environmental refuse which is detrimental to the Protection Act 1990) amenity of the locality. An example Environmental Health to make an would be where hoarding has spilled assessment to see if this option is over into a garden area. the most suitable. Power of Entry (S17 of Police Police Information that someone was inside and Criminal Evidence Act) the premises was ill or injured and the Person inside the property is not Police would need to gain entry to responding to outside contact and save life and limb there is evidence of danger. Housing Anti-Social Behaviour, Crime Conduct by the tenant which is and Policing Act 2014 capable of causing housing-related A civil injunction can be obtained nuisance or annoyance to any from the County Court if the court person. means “Housing-related” is satisfied that the person against directly or indirectly relating to the whom the injunction is sought has housing management functions of a engaged or threatens to engage in housing provider or a local authority anti-social behaviour, or if the court considers it just and convenient to grant the injunction for the purpose of preventing the
Appendix 2: Possible legal interventions Agency Legal Power and Action Circumstances requiring intervention Environmental health Power of entry/ Warrant (s.287 Public Health Act) Gain entry for examination/ execution of necessary work required under Public Health Act Police attendance required for forced entry Non engagement of person. To gain entry for examination/execution of necessary work (All tenure including Leaseholders/ Freeholders) Environmental health Power of entry/ Warrant (s.239/240 Public Health Act) Environmental Health Officer to apply to Magistrate. Good reason to force entry will be required (all party evidence gathering) Police attendance required Non engagement of person/entry previously denied. To survey and examine (All tenure including Leaseholders/ Freeholders) Environmental health Enforcement Notice (s.83 PHA 1936) Notice requires person served to comply. Failure to do so can lead to council carrying out requirements, at own expense; though can recover expenses that were reasonably incurred Filthy or unwholesome condition of premises (articles requiring cleansing or destruction) Prevention of injury or danger to person served. (All tenure including Leaseholders/ Freeholders/Empty properties) Environmental health Litter Clearing Notice (Section 92a Environmental Protection Act 1990) Environmental Health to make an assessment to see if this option is the most suitable. Where land open to air is defaced by refuse which is detrimental to the amenity of the locality. An example would be where hoarding has spilled over into a garden area. Police Power of Entry (S17 of Police and Criminal Evidence Act) Person inside the property is not responding to outside contact and there is evidence of danger. Information that someone was inside the premises was ill or injured and the Police would need to gain entry to save life and limb Housing Anti-Social Behaviour, Crime and Policing Act 2014 A civil injunction can be obtained from the County Court if the court is satisfied that the person against whom the injunction is sought has engaged or threatens to engage in anti-social behaviour, or if the court considers it just and convenient to grant the injunction for the purpose of preventing the Conduct by the tenant which is capable of causing housing-related nuisance or annoyance to any person. “Housing-related” means directly or indirectly relating to the housing management functions of a housing provider or a local authority