Making an appeal against a decision
Every decision that is made has the right
to an appeal to be made. The Food Standards Agency state this clearly and state the following.
Every local authority must have a formal procedure to deal with complaints about its service.
So if you do not agree with the action taken by an inspector, you should contact the head
of environmental health or trading standards services at your local authority, to see if
the problem can be resolved through talking or writing letters. If you still disagree
with that, you could approach your local councillor. If you are not happy with a local authority's
complaints process, you can contact your local government or public services ombudsman which
are as follows: England Local Government OmbudsmanScotland Public Services OmbudsmanWales Public Services
OmbudsmanNorthern Ireland Ombudsman. You can also appeal to the magistrates’ court or
a Sheriff in Scotland about a local authority’s decision to issue a hygiene improvement notice
or remedial notice, or not to lift a hygiene emergency prohibition order. When there is
a ban on an individual, this can only be lifted by the court. When inspectors impose a hygiene
emergency prohibition notice on-premises, a process, or a piece of equipment, they must
apply to the court or a Sheriff in Scotland, for confirmation within a specified period
of time. Food that has been seized by an inspector can only be condemned as unfit for human consumption
on the authority of a Justice of the Peace or a Sheriff. You can attend the court hearing
if you want to. If the court decides that premises have been shut without proper reason,
or food has been wrongly seized or detained, you have a right to compensation.
Appealing Food Safety Inspections Decisions in the UK
Local Authority Complaints Procedure
Every decision made by a food inspector can be appealed. According to the Food Standards Agency:
- Every local authority must have a formal procedure to handle complaints about its service.
- If you disagree with an inspector's action, contact the head of environmental health or trading standards services at your local authority.
- If unresolved, escalate the issue to your local councillor.
Further Appeal Options
If dissatisfied with the local authority's complaints process, you can:
- Contact your local government or public services ombudsman:
- England: Local Government Ombudsman
- Scotland: Public Services Ombudsman
- Wales: Public Services Ombudsman
- Northern Ireland: Ombudsman
- Appeal to the magistrates’ court or a Sheriff in Scotland regarding:
- Hygiene improvement notices
- Remedial notices
- Hygiene emergency prohibition orders
- A ban on premises, processes, or equipment can only be lifted by the court.
Court Procedures for Hygiene Notices and Seizures
Important court procedures to note:
- Inspectors must seek court confirmation for hygiene emergency prohibition notices within a specified period.
- Food seized by an inspector can only be condemned as unfit for human consumption by a Justice of the Peace or a Sheriff.
- You have the right to attend the court hearing, and if decisions are deemed improper, you may be entitled to compensation.
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