Does anybody know why the enforcers are so reluctant to prosecute FRA's bearing in mind the level of incompetency shown by many, it must be pretty easy to do?
Mostly its to do with the lack of budget. Of course, if the prosecution is successful, then costs may be awarded, but if it all goes wrong the enforcement authority will have to dig deep into their empty pockets.
On a more local level, taking forward a prosecution takes a lot of time and effort on the part of the Inspecting Officer and his/her team. Interviews under caution, the handling of evidence and photos and endless legal meetings. In my case - during the time I was preparing a prosecution - I still had pressure to meet all my 'business as usual targets' on top of the case preparation work which was a nonsense. The prosecution was dropped for technical reasons before it came to court, but I decided then to do all I could to prevent me being involved with another one.
Compare this effort with the range of 'offences' that can be dealt with via fixed penalty notices and it does pose the question should some minor FS issues - even some that would usually lead to an enforcement notice - also be dealt with by a FPN??