What has happened to this country?

Please read the always excellent Anna Raccoon's piece about Sheila Martin and despair at what England has become. Here's an extract:

'Today, Sheila is once more fragile; she is 70 years old and was widowed 30 years ago. She tells me she has survived five heart attacks; she suffers from asthma, angina and high blood pressure. She only smokes the occasional cigarette these days, partly for health reasons, partly because her minimal state pension doesn’t stretch to any more.

...

In common with other ‘Smokers’ who may not like the new laws prohibiting them from smoking where others may be offended by the practice, she respected the law of the land, and complied. She is no campaigner against such laws.

Thus it was that she found herself standing at a bus stop, waiting for the bus which would take her home, and taking the opportunity to smoke a cigarette in the open air – there was no bus shelter.

...


She only smoked half the cigarette; as the time drew close for the bus to arrive, she ‘nibbed’ the cigarette, letting the lit end fall to the ground, and thriftily stowing the other half of the cigarette in her handbag for a later occasion. It was her last cigarette until pension day.

Two of Sandwell’s famed ‘enforcement wardens’ approached her – a man and a woman. They told her that they were issuing a ‘Fixed Penalty Fine’ of £75 under Section 87 (1) of the Environmental Protection Act 1990 as amended by Section 18 of the Clean Neighbourhoods and Environment Act 2005. This mouthful of gobblygook was lost on Sheila; she had no idea what she had done wrong and put the piece of paper in her pocket.

...

On Friday, the threatening ‘Final Demand’ from Sandwell Council, warning her that she now faces a £2,500 fine plus costs (and possible imprisonment if she does not pay that) expired. The next opportunity for Mrs Martin to contest this matter will come in ‘some months time’ – the council cannot tell me when her case will arrive at the top of their back log of cases to appear in the Magistrates court.'

Do read the whole of Anna Raccoon's piece and get angry and then be reassured by the news that Sheila Martin's legal defence is being taken care of. But then take a read of The Metropolitan Borough council of Sandwell's Wardens Enforcement Policy document. 15 pages of 'Good Enforcement Practice', reference to The Human Rights Act, Equal Opportunities,
Service Standards' and the rest of the usual language of the town hall apparatchik. Here's a few excerpts from this document, so you can get a flavour of the bollocks that local government officers promulgate and speak with such ease as they persecute the easy prey whilst letting real criminals get away with much worse:

'The Council has adopted the Cabinet Office’s “Enforcement Concordat” which offers best practice guidance and promotes good standards of enforcement.'

'The policy is a generic policy intended to apply to all service areas, but it must be recognised that there will be service specific requirements which apply to specific enforcement activity relevant only to that service area, e.g. health and safety, trading standards. This policy deals with the Sandwell Warden scheme.'

'Enforcement action, by the use of fixed penalty notices, penalty notices for disorder, but including prosecution where appropriate, will be taken against those who deliberately or recklessly flout the law.' - Was Sheila Martin reckless or deliberately flouting the law?

'2.5.4
This policy should be read in conjunction with the Wardens Standard Operating Procedures, which provides details of the way in which the Warden Service will operate.
2.5.5
Due regard will also be taken of the following advice and guidance:
o The Code for Crown Prosecutors
o Home Office Police Operational Guidance for issuing Penalty Notices for Disorder to persons 18yrs and over
o The use of Penalty Notices for Disorder for offences committed by Young People aged 16 and 17yrs.
o The use of Penalty Notices for Disorder for offences committed by Young People aged 10 – 15 yrs.
o Home Office guidance on the issue of Fixed Penalty notices
o Supplementary Operational Guidance for Accredited Persons
o DEFRA Guidance on Issuing Fixed Penalty Notices
o DEFRA Guidance on Issuing Fixed Penalty Notices to Juveniles'

'2.5.9
Prosecution is the last resort, but the Authority is committed to making a difference and will be robust in targeting those areas, and those people who continually flout the law, adversely affecting the lives of people and businesses in our community.' Was Sheila Martin adversely affecting the lives of anyone?

But it is the section on Enforcement that has really irked me, read the policy and see if you can see why on earth poor Sheila Martin was issued a penalty notice, if not to raise money or maybe bully an old woman who would not fight back. How much easier to issue a penalty notice to a frail old woman than a 'youf'!

'3 Enforcement
3.1.1
Enforcement is not simply focused on prosecution, and officers are trained to assess and decide on which course of action is the most appropriate for any given set of circumstances. Consistency and fairness are critical to ensure that public support and confidence in the scheme are maintained.
3.1.2
In making their decisions, enforcement officers will consider:
o The nature and seriousness of the offence
o Any explanation offered by the defendant
o The age of the defendant
o The known history of the defendant
o The likely impact of enforcement action being taken there and then
o The likelihood of a statutory defence
o Witnesses and their willingness to make a statement
o The advice contained in the CPS Guidance
o The advice contained in the Guidance for Young People

3.1.3
Having considered the relevant issues and applied them to the circumstances of the incident being dealt with, the following options are available for consideration:
No action
Informal action
Formal Action'

I wonder if the staff of the Metropolitan Borough council of Sandwell are happy with the way their council operates against the old and frail? I wonder if the people responsible for prosecuting Sheila Martin and for framing the policies that lead to her prosecution are proud of their contributions to the well-being of Sandwell? I wonder if the two ‘enforcement wardens’ are happy with their actions?

I despair of this country, I really do.

If you want to make your feelings known to Sandwell Council then you will find relevant contact information here including their telephone number of 0845 358 2200 and complaints email address of contact@sandwell.gov.uk