REVIEW INTO THE BEST VALUE DELIVERY OF THE ENVIRONMENTAL HEALTH OUT OF HOURS SERVICE FOR SEVENOAKS DISTRICT COUNCIL [AND DARTFORD BOROUGH COUNCIL] Cabinet - 19 April 2018 Report of the: Chief Officer Environmental & Operational Services Status: For recommendation to Cabinet Also considered by: Direct and Trading Advisory Committee - 13 March 2018 Key Decision: Yes Executive Summary: The shared service Environmental Health team currently provides an Out of Hours (OOH) Service to deal with complaints from residents within the Sevenoaks and Dartford districts. This service currently operates everyday throughout the year between 17:00 and 22:00 Monday to Thursday, 17:00 to 00:00 Friday, 08:00 to 00:00 Saturday and 08:00 to 22:00 Sunday. Demand for the service is shown to vary significantly throughout the year and by day of the week. Many of the calls received are not urgent and do not require immediate action. These can be managed the next working day during office hours in accordance with agreed performance indicators. In the past 18 months, experienced officers have left the OOH Service, and there is now a serious issue with fully staffing the Service in its existing format. This report recommends that the OOH service targets Environmental Health Officer resource at times of peak demand whilst simultaneously empowering the CCTV team to respond, record and provide advice to the majority of ‘one off’ complaints received by the service. The existing OOH provision for serious or emergency public health complaints will be extended via a year round cascade call system. This report supports the Key Aim of Safe Communities and Green Environment Portfolio Holder Cllr. Matthew Dickins Contact Officers Annie Sargent Ext.3085 / Nick Chapman. Ext 3160 Recommendation to Direct and Trading Advisory Committee To consider and recommend to Cabinet that the changes to the Out of Hours service proposed within the conclusion to this report are agreed. Recommendation to Cabinet That Cabinet agree to the recommended changes to the Out of Hours Service proposed within the conclusion to this report. Reason for recommendation: To ensure the Environmental Health Out of Hours service is targeted to allow resources to be available at times of peak demand. Introduction and Background 1 The Environmental Health Partnership currently operates an Out of Hours (OOH) Service across both Sevenoaks and Dartford districts. During operational hours, members of the public can contact a duty Environmental Protection Officer in respect of environmental complaints including noise, odour and smoke etc. 2 The duty officer will provide advice as required and where appropriate will undertake site inspections and take action to resolve a complainant’s concerns. Calls received rarely constitute a significant public health matter or an emergency situation which requires immediate attention. 3 Currently the OOH service operates Monday to Thursday 17:00 to 22:00, Friday 17:00 to 00:00, Saturday 08:00 to 00:00 and Sunday 08:00 to 22:00. The service is extended to cover public holidays (including staff statutory days) with the exception of Christmas Day and Boxing Day when a “telephone response” service is provided. 4 Calls received after 22:00 or 00:00 and before office opening hours are recorded and passed to the Environmental Health Team the next working day. 5 For each week of the year, the OOH Service is covered by one officer from within the Environmental Health team. Officers volunteer for these duties and they are carried out in addition to the standard 37 hour working week. This can equate to a working week of 92hrs+ when on OOH duty. 6 The OOH duty officer is provided with details of residents who have called the OOH service and is expected to call them back within 1 hour. 7 Where a call is received regarding a complaint already being investigated by the Environmental Health team, or is subject to enforcement action, or is deemed to present either a significant public health risk or nuisance the OOH duty officer is expected to visit the address to obtain evidence and take appropriate enforcement action. 8 Currently, OOH duty officers are expected to take time off in ‘lieu’ (TOIL) for these visits during their standard working week. This time is taken during normal office hours and impacts upon the team’s ability to undertake day to day statutory duties. Staffing Issues 9 Historically, 6 officers from within the Environmental Health team have participated in the service, each undertaking 9 separate shifts of 7 days (Monday to Sunday) throughout the calendar year on a 6 week rota. However, since April 2017, 4 of these officers have left the OOH service. 10 This has resulted in 23 vacant shifts/ weeks in 2017/2018 (34 for 2018/2019) which have had to be filled by members of the Environmental Health team on an ad hoc basis. 11 Only appropriately trained and experienced officers can cover the OOH service. 12 It has become increasingly difficult to staff the service with volunteers and as a consequence, the burden for covering the service has increasingly fallen to two of the original officers. There are concerns that this will impact on these officers’ wellbeing. It is therefore not considered sustainable to continue to operate the service in this way. 13 The majority of officers within the Environmental Health Team do not wish to voluntarily participate in the OOH service in its current format. Officers have stated that they are concerned about the impact that covering the service has upon their health, home life and caring responsibilities. Health & safety risks and concerns associated with lone working late at night in remote areas have also been raised. (Appendix A ) 14 It is a requirement within the contract of all officers of the Environmental Health team to take part in the OOH service as required. Many officers are not however qualified or experienced to carry out the service (officers within the Commercial team and the Scientific Officer) and would require specialist training to participate. (See Appendix B) 15 Consideration would need to be given as to how such a requirement would fit with those who are primary carers or currently work part time. This is the reason why the scheme currently relies on volunteers. Current Costs of Service 16 Currently there is a salary cost to operating the OOH service of £14,584.96 split between Dartford and Sevenoaks Councils. 17 Officers are not paid overtime and are instead expected to claim TOIL for any hours they work investigating or undertaking enforcement OOH. This includes any travel time to and from their home. Appendix C 18 Owing to the nature of the area covered by Dartford and Sevenoaks most officers live outside of the district and consequently travel time is a significant contributor to these costs. 19 Total cost to Dartford and Sevenoaks for providing the OOH service is therefore estimated in real terms to be in excess of £22,000 Calls received by Service 20 Between April 2014 and March 2017 the OOH Service received 908 calls (average of 303 per year) excluding stray dog calls. 21 60% of calls received by the OOH Service relate to Dartford, 40% of calls relate to Sevenoaks. 22 The majority of calls (70%) are received between May and October each year. The majority of calls are received by the service Friday to Sunday (74%). The majority of calls are received between 18:00 and 00:00 (70%). - Appendix D. 23 81% of calls received by the OOH service are in respect of noise. The majority of these are in respect of amplified music/ behaviour noise from neighbouring domestic properties. 24 Approximately 21% of calls result in Officers undertaking an OOH visit. (18% of calls in 2016/2017 and 25% in 2017/2018). 25 The OOH Service currently receives a large number of new/ 1st time/ one off event type complaints. This type of call is unlikely to result in action being taken OOH and is commonly dealt with through the provision of advice. This type of call could reasonably be responded to within normal office hours (in accordance with agreed Performance Indicators). 26 Officers would typically undertake a visit in response to an OOH complaint where it is considered that they can either obtain evidence to support legal action (either immediate or during working hours) or make a difference to the customer. Types of call which commonly result in an OOH visit include: a. Ongoing noise problems which are currently under investigation by the EP Team b. Ongoing/ Sounding alarm (vehicle or property) c. Drainage problems resulting in a sewage overflow (not within the remit of the statutory undertaker) d. Complaints about licensed premises where it is alleged there is a significant noise problem. e. Noise from large construction sites (such as those operated by a major contractor) where noise is outside of District Council ‘recommended hours’ 27 The OOH duty officers work alone. They must therefore consider the health and safety implications of lone working and must not put themselves at risk. This can limit the effectiveness of the OOH service to resolve complaints to the satisfaction of residents. The service is unable to approach and stop/ reduce the noise from ‘one off’ parties for this reason. 28 Kent Police do not have the resource to provide support to Local Authorities undertaking OOH visits. Legal Basis for the Out of Hours Service 29 The Environmental Protection Act 1990 places a duty upon every local authority to take reasonably practicable steps to investigate a complaint. The method for discharging this duty is not however dictated by statute and the Council has no legal duty to maintain an OOH service.