IMPORTANT DEVELOPMENT - Traveller Injunctions - Supreme Court upholds Court of Appeal enabling newcomer injunctions to protect against unlawful encampments (29/11/2023) Download
Case Update - CPN Third Party Liability Download
Staffs Moorlands v Caroline Sanderson Download
Important Update on Section 108 - Court Restriction Download
Walker v Chelmsford CC (2020) Summary Download
Who we are - What we do
We provide a complete support resource for local authorities.
We are specialists in all aspects of local authority regulation and enforcement from Enviro-Crime and ASB through to Planning Enforcement, Licensing, Food and Health and Safety.
Mallard Consultancy was founded in 1996 and provides a comprehensive training and consultancy service:
Our founder, David Armstrong, is widely known to public sector agencies as “the Wig”, the original expert consultant and adviser to Keep Britain Tidy and the Keep Britain Tidy Network, and also regular consultant to Tidy Northern Ireland and Keep Wales Tidy. In other areas David won the first defining case on the scope of Part 1 EPA authorisations. He prosecuted the largest food / local authority prosecution to have been prosecuted in the jurisdiction and also trained the FSA’s Illegal Meat Task Force. He has regularly advised local authorities and police officers in many forms of regulation and enforcement.
Please note that it is a fundamental function of the support network that members and their officers shall be able to assist each other in training and other relevant functions. Accordingly, it is a fundamental condition of use of any of our services that users agree to the company’s retention of their business contact details, where provided, solely to further those objectives. The company will only use these contact details to further the objectives of membership or to keep officers informed of significant developments or training events.
The company will not sell these details, or otherwise provide any of these contact details to any parties outside of the support network without consent from those concerned.
If you wish to delete your contact details from our records, then this will be done on request. Simply contact us at firstname.lastname@example.org.
‘FACE TO FACE’ TRAINING ACADEMIES 2023/2024
TRAINING ACADEMIES (All CPD Accredited)
Places cost £75.00 (+vat) per person (non-members). Free Places available for Member Authorities
Full days training (9am - 4.00pm)
On-Site Core Skills Day
This training will be carried out face to face over a full day. It will focus on key core topics and skills, such as tactics of negotiation and interview technique, investigation, evaluation and application of evidence, PACE / RIPA, and putting together cases in relation to both criminal and civil matters. This will be a very interactive day and David will provide anecdotal and case examples relevant to specific disciplines, such as housing, environmental protection, licensing and food and health and safety.
15th January 2024 Basingstoke Council (Basingstoke) 9am - 4pm
29th January 2024 Preston Council (Preston) 9am - 4pm
26th February 2024 Rushcliffe Council (Nottingham) 9am - 4pm
4th March 2024 West Northamptonshire Council (Northampton) 9am - 4pm
11th March 2024 Wyre Forest Council 9am - 4pm
18th March 2024 Torridge Council (Bideford) 9am - 4pm
22nd April 2024 North Yorkshire Council (Harrogate) 9am - 4pm
On-site Court Skills
This Academy will focus upon preparatory issues in the run-up to hearings, including disclosure and late submission issues, and the likely progression of typical civil and criminal hearings. The training will include practical demonstration of how such hearings may be managed by the Court and the advocates, together with questioning and witness techniques. We would encourage both client officers and legal advisers to attend.
Lancaster Council (Morecambe) 15th May 2023 - 9am - 4.30pm
Norwich Council 12th June 2023 - 9am - 4.30pm
Kirklees Council (Dewsbury) 19th June 2023 - 9am - 4.30pm
Erewash Council (Long Eaton) 3rd July 2023 - 9am - 4.30pm
Bristol Council (Bristol) 10th July 2023 - 9am - 4.30pm
West Northamptonshire Council (Northampton) 2nd October 2023 - 9am - 4.30pm
East Devon Council (Honiton) 16th October 2023 - 9am - 4.30pm
Lewes-Eastbourne Council (Eastbourne) 6th November 2023 - 9am - 4.30pm
Conwy Council (Colwyn Bay - Wales) 20th November 2023 - 9am - 4.30pm
Merthyr Tydfil Council (Merthyr Tydfil - Wales) 27th November 2023 - 9am - 4.30pm
Havering Council (Romford) – 4th December 2023 - 9am - 4.30pm
Virtual Training Academies 2023/2024 via MS Teams (2 hours core training session + 1 hour for extra questions and networking if required)
Places cost £75.00 (+vat) per person (non-members). Free Places available for Member Authorities
All courses are CPD accredited.
This training will focus upon the various methods available to remove and / or deter unlawful encampments causing nuisance to others in the locality. The content will cover dedicated provisions within the Criminal Justice and Public Order Act, as well as broader nuisance provisions, such as the use of CPN and PSPO. This is also a VITAL UPDATE in relation to injunctions and the Supreme Court judgment handed down on 29th November 2023 (Wolverhampton and others v London Gypsies and Travellers and Others).
25th January 2024 10.00am – 12.30pm
7th February 2024 10.00am – 12.30pm
7th March 2024 10.00am – 12.30pm
25th March 2024 10.00am – 12.30pm
This training will cover the elements required for issue of CPW and CPN, tips on drafting and examples of typical scenarios. It will cover aspects of third-party liability (i. premises related, or ii. by way of support or encouragement), reasonable expectations, and wording. The training will also cover case precedent, handling appeals and actions in relation to breach.
28th November 2023 10.00am – 12.30pm
17th January 2024 10.00am – 12.30pm
27th February 2024 10.00am – 12.30pm
17th April 2024 10.00am – 12.30pm
8th May 2024 10.00am – 12.30pm
Housing Civil Penalties
This Academy will focus upon the requirements of the civil penalty regime in relation to Housing Act offences, the statutory guidance and policy requirements. The Academy will explain the procedure to be applied and provide tips on presentation to the tribunal where penalties are appealed, with sample case precedents.
5th December 2023 10.00am – 12.30pm
24th January 2024 10.00am – 12.30pm
5th March 2024 10.00am – 12.30pm
24th April 2024 10.00am – 12.30pm
Tackling Harassment and Eviction
This Academy will consider key provisions of the Protection from Eviction Act 1977, Criminal Law Act 1977 and the Protection from Harassment Act 1987. Rights of entry and re-entry, the difference between unlawful and illegal evictions, and evidential considerations in putting together cases. Other tactical options and legislation available to manage and deter potential misconduct will also be considered.
29th November 2023 10.00am – 12.30pm
16th January 2024 10.00am – 12.30pm
28th February 2024 10.00am – 12.30pm
23rd April 2024 10.00am – 12.30pm
Tactical Waste Enforcement
This training will equip local authority officers carrying out enforcement work and / or legal functions in relation to waste and other environmental offences with sufficient knowledge and skills to effectively investigate and combat waste related crime. In particular, officers will gain and be able to demonstrate knowledge of relevant laws of evidence, good practice in investigation, use of powers, and tactical options beyond Part II EPA. Officers will have the opportunity during the event to raise particular issues or problem areas for discussion.
6th December 2023 10.00am – 12.30pm
23rd January 2024 10.00am – 12.30pm
6th March 2024 10.00am – 12.30pm
30th April 2024 10.00am – 12.30pm
This training will cover both the basic identification of, and the processes involved in dealing with, statutory nuisance. Tips will be given on the drafting of notices and the appeals process. In particular, this training will also update officers on the substantial changes in understanding of both common law and statutory nuisance brought about by the Supreme Court in 2014 and the further implications brought about by the Anti-social Behaviour Crime and Policing Act 2014.
13th December 2023 10.00am – 12.30pm
30th January 2024 10.00am – 12.30pm
13th March 2024 10.00am – 12.30pm
7th May 2024 10.00am – 12.30pm
This Academy will look at the various options available to tackle ASB in its various forms, with a particular consideration of tactical options and combinations, considering how to consider and evaluate potential outcomes. Time will be spent in consideration of specific terms to use in drafting requirements for CPN’s.
24th May 2023 10.00am – 12.30pm
27th June 2023 10.00am – 12.30pm
6th September 2023 10.00am – 12.30pm
3rd October 2023 10.00am – 12.30pm
This Academy will focus upon the current code governing directed surveillance and its application specifically in relation to local authority investigations. Issues will be covered such as identification of surveillance, understanding the notion of expectations of privacy, investigations by way of the internet, vehicle tracking and noise monitoring. The Academy will also consider the processes to be applied.
7th June 2023 10.00am – 12.30pm
4th July 2023 10.00am – 12.30pm
13th September 2023 10.00am – 12.30pm
10th October 2023 10.00am – 12.30pm
Waste and Environmental Crime
13th June 2023 10.00am – 12.30pm
5th July 2023 10.00am – 12.30pm
12th September 2023 10.00am – 12.30pm
4th October 2023 10.00am – 12.30pm
Interviewing and Evidence
This Academy will cover the key principles not only of PACE interviewing but also of good preparation and good interview techniques, whether of a suspect or of a witness. It will cover the key principles of evidence. It will focus primarily upon understanding evidence, methods of recording, drafting and presenting the same, and tips on being an effective witness.
14th June 2023 10.00am – 12.30pm
18th July 2023 10.00am – 12.30pm
20th September 2023 10.00am – 12.30pm
17th October 2023 10.00am – 12.30pm
Dealing with Notice Issues and Appeals
This training will cover the essentials of drafting in terms of enforcement notices, particular rules concerning the specifying of requirements and ambiguity, categories of recipient, methods of identification and modes of service, methods to rectify errors and protection on costs. The training will also consider typical mistakes made in defending appeals and methods to prepare for and present evidence.
20th June 2023 10.00am – 12.30pm
19th July 2023 10.00am – 12.30pm
26th September 2023 10.00am – 12.30pm
18th October 2023 10.00am – 12.30pm
THE ASB ACTION PLAN 2023
This Academy will look at the government’s 2023 action plan for further ASB enforcement. The proposals will be considered in turn and allow for discussion as to potential changes in strategies (including discussion as to whether some changes may not be advantageous) and also opportunities that may have been missed and should be considered.
23rd May 2023 10.00am – 12.30pm
21st June 2023 10.00am – 12.30pm
28th June 2023 10.00am – 12.30pm
11th July 2023 10.00am – 12.30pm
Typical Member Feedback:
"David, hope you don't mind feedback; Thanks to your advice on dealing with issues around flats and their waste the situation has really improved – the owners are presenting the bins as per the CPW, and the occupiers are using them correctly as per the s46, so thank you."
Environmental Crime, Croydon.
"David many thanks for the help and advice. Yesterday we commenced action, based around your advice and it appears that the matter will be promptly resolved. Thanks for your help, I find it absolutely invaluable."
Community Safety, Dartford.
"Many thanks for the prompt helpful reply, appreciated. I now have some successful prosecutions of CPN breaches - none of which had an end date. One person was fined £2000 and his stereo equipment destroyed, That was an interesting case as before conviction we obtained a magistrates warrant to enter and seize his equipment as he was continuing to breach his CPN."
Avon and Somerset Police.
"We were fortunate enough to be invited along and what a good day. Since then we have used CPN's on 6 occasions in relation to Travellers and only once have we had to resort to Bailiffs. We are looking to join the syndicate. David also gave me some helpful advice on CBO's, please pass on my thanks to David for a brilliant course and his advice."
"I organised David to speak to over 40 Environmental Health staff in Kent at 2 x 2 day training sessions. Never have I had so much positive feedback from the attendees about a course. His energy and ability to adapt to his audience is impressive. I was enthralled and if I was ever going to be in court, I definitely want him on my side!
Recommended to anyone to go for the "courtroom" role play scenario – really makes you think and gives you a pretty close experience to the real thing."
Environmental Health Manager,
Dartford & Sevenoaks