Forest of Dean District Council

The authority had developed an Environmental Service Group Service Plan for 2009/2010, and monthly progress against the plan was reported to senior management and relevant portfolio holders. The service plan did not however reflect the requirements of the service planning guidance in the Framework Agreement. Effective service planning is essential to ensure that attention is focused on key priorities and delivery issues, to provide a basis for resource allocation and the foundation for managing performance and making performance comparisons.

The service had begun to review their documented procedures prior to the audit. Further policies and procedures needed to be developed to include all the activities carried out by the service and the full range of available enforcement options. A system for regular and ad hoc reviews of documented policies and procedures also required development.

The service had a documented procedure for the authorisation of officers, which set out the criteria for assessment of the appropriate level of authorisation of officers. All officers carrying out food law enforcement activities had been appropriately authorised in line with their individual qualifications, experience and training. Discussions with officers indicated that the authority had adopted a proactive approach to training and records confirmed that the authority’s authorised officers had received adequate levels of continuing professional development commensurate with their duties, although a documented training programme encompassing individual and team training needs required development.

The authority acknowledged that there were problems with the information held on the food premises database as the result of a problematic migration of data from a previous database system. There were a number of problems identified with the accuracy of information held on the database, and during the audit it was clear that the authority was having difficulty in providing accurate database reports which would provide confidence in the reliability of statistics produced on enforcement activity. Significant resources had been placed into improving the accuracy of the information held on the database. However, time consuming manual checks had been required to submit monitoring data to the Food Standards Agency Local authority Enforcement Monitoring System (LAEMS).

It was clear from premises records, discussions with officers and a reality check visit to a premises, that officers were carrying out appropriate assessments of the food business operator's (FBO) compliance with requirements based on Hazard Analysis and Critical Control Point (HACCP) principles. Details of inspections were not, however, being recorded consistently by all officers, particularly with regard to the FBO’s compliance with the ‘prerequisite’ requirements of relevant legislation and the service’s inspection aide-memoire was not sufficiently detailed to serve as an adequate prompt to officers to ensure that all relevant inspection findings are recorded. Adequate records are necessary to provide sufficiently detailed business compliance histories to guide future inspections, to inform enforcement decisions and to enable effective internal monitoring.

Due to the difficulties in verifying the accuracy of information held on the authority’s database, it was not possible to fully assess whether inspections were being carried out in accordance with the minimum intervention frequencies set out in the Food Law Code of Practice.

Aide-memoires were not being routinely used to record detailed findings during approved establishment inspections. Records on approved establishment files were generally poor and auditors were unable to determine if the approved establishments complied with legislative requirements or whether an appropriate inspection had been carried out. It was not possible to establish the basis for the officers’ decision regarding business compliance, including in relation to HACCP requirements. Approved establishment files generally did not contain the majority of the information as listed in annex 12 of the Practice Guidance. In addition, the authority needed to ensure that all establishments subject to approval requirements are re-assessed and if appropriate re-approved to confirm compliance with Regulation (EC) No. 853/2004. Documented procedures relating to approval of establishments and enforcement actions relating to those premises also required development.

A council-wide enforcement policy had been developed in 2008. It was clear that the service was adopting a graduated approach to enforcement in line with the council’s enforcement policy and there was evidence of appropriate and timely enforcement action taken in a wide number of circumstances. In general, in those file records checked, it was clear that officers were following the requirements of the Food Law Code of Practice and centrally issued guidance. Documented procedures required development, to cover the range of enforcement activities carried out.

File checks confirmed that appropriate investigations had been carried out following the receipt of food and food premises complaints including appropriate follow-up actions. Complaint records were found to be complete and accurate. A documented policy on the investigation of food and food premises complaints required development and the documented procedure on their investigation required review.

There was evidence that the authority was participating in local and national sampling activities. However, an annual programme of food sampling required development, along with a food sampling policy. File checks showed that in general, appropriate follow-up actions were being taken on receipt of unsatisfactory results.

There was only limited evidence of any qualitative or quantitative monitoring throughout all file checks carried out during the audit. The service had a procedure on the internal monitoring of inspections which needed to be reviewed and expanded to cover the monitoring of all food law enforcement activities. The service should then ensure that the revised procedure is fully implemented to verify conformance with the standard, relevant legislation, official guidance and the authority’s own procedures, and that records of monitoring activities are maintained.