Complaint over cannabis smoking warning issued to resident by local council is rejected

An alleged cannabis user who objected to being issued with a warning over their behaviour by a local council has seen a complaint rejected.

Redcar and Cleveland Council officers were said by a panel which reviewed the complaint to have acted properly. But it was recognised that the manner of the wording in the community protection warning letter that was issued by enforcement officers had “caused distress”.

The complainant was made subject of the warning after concerns were raised by neighbours over cannabis use at a property. The action taken was disputed with a complaint being lodged, which moved to the final, discretionary stage of the corporate complaints process after not being resolved, and was considered by a panel drawn from members of the council’s governance committee.

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A published summary of the complaint and outcome said it was not upheld with council officers acting properly and having detailed a number of visits to the complainant’s home and that of neighbours. The action taken was also co-ordinated with local police.

But the panel made recommendations for the council to follow in the future. They said: “The format and wording of the community protection written warnings should strike a more appropriate balance between the statutory purpose of the notices and the possible distress caused by their receipt.

“Consideration should be made as to whether explanatory information should be provided to accompany - or as a preliminary warning of - the written warning.”

It recommended that the council review the wording of written warnings issued, something that had been accepted, with warning letters providing “more of a balance in the language used”.

Community protection warnings are available to local councils under the Anti-social behaviour, Crime and Policing Act 2014 and outline what action is required to take or stop unwanted behaviour within a set time period. They can be given to anyone over the age of 16, including individuals, businesses, or organisations and are used to address a variety of ongoing issues that negatively impact the quality of life in a community, such as noise nuisance, littering, dog defecation, anti-social behaviour, vandalism and graffiti.

If ignored or not adequately responded to they can lead to community protection notices, which if breached lead to a criminal offence being committed.

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