UK Government Legislation - Find a freedom of information request

With reference to UK Government legislation that the council has enforcement responsibility.

1. What is the policy of the Lincolnshire County Council (LCC) Executive?

I am seeking the directive from the Executive of Chief Council Officers of LCC down to the departments within the council.

My presumption is legislation enforcement is not a discretionary action by department employees/managers, but is mandatory, and personal opinions do not apply.

I am asking so as to avoid wasting my time reporting problem(s), that are unambiguous in legislation and should have mandatory enforcement, but become discretionary for action by council staff.

I do appreciate there are financial limitation upon the council, and therefore limit my question to legislation by Acts of Parliament, and sections for which LCC has responsibility, up to the issuing of enforcement notices.

Some legislation examples would be Health & Safety Acts, Disability Mobility and Access Acts, Highways Accessibility Acts, etc..

As an example, I have seen the online policy statement "LINCOLNSHIRE COUNTY COUNCIL COMMUNITIES HIGHWAYS AND TRANSPORTATION, RIGHTS OF WAY & COUNTRYSIDE ACCESS, ENFORCEMENT POLICY".

But is this still current "Final Version 1.0, 16/07/2012" now almost 10 years since publication?

Hence the reason for this email to obtain a current but general statement of enforcement policy.

Thank you for your request for information. Lincolnshire County Council (the Council) provided you with a link to the Councils Constitution document in order to clarify what it was you were seeking. You responded to tell us that it did not answer your request. Therefore, we have given it some further consideration and our response is that; Lincolnshire County Council does hold this information.

The Council is governed by UK legislation which confers on the Council a number of powers of enforcement. As indicated enforcement is a power and is not mandatory.

The Council must form a judgement in any given circumstances whether to exercise its enforcement powers.

The Council does not have a single enforcement policy but has adopted a number of enforcement policies covering different areas of the Council's work.

The Council applies these policies when reaching decisions whether to take enforcement action relating to those areas

These can be found here:

https://www.lincolnshire.gov.uk/parking/parking-enforcement https://www.lincolnshire.gov.uk/directory-record/61706/rights-of-way-enforcement

https://www.lincolnshire.gov.uk/directory-record/64680/fire-service-enforcement-policy https://www.lincolnshire.gov.uk/directory-record/61719/trading-standards-servicecompliance-and-enforcement-policy

https://www.lincolnshire.gov.uk/directory-record/65846/highway-enforcement

You may also wish to contact the borough councils of Lincolnshire and we have provided their details.

City of Lincoln Council https://www.lincoln.gov.uk/y/make-freedom-information-request

West Lindsey District Council https://www.west-lindsey.gov.uk/my-council/how-the-council-works/information-andinformation-governance/freedom-of-information/

East Lindsey District Council https://www.e-lindsey.gov.uk/article/6184/Freedom-of-Information-Act-2000

Boston Borough District Council https://www.mybostonuk.com/foi/

South Holland District Council https://www.sholland.gov.uk/article/6328/Freedom-of-Information

North Kesteven District Council https://www.n-kesteven.gov.uk/your-council/have-your-say/access-to-information/

South Kesteven District Council http://www.southkesteven.gov.uk/index.aspx?articleid=8460