Epping Forest District Council

Evidence from interviews with staff and an accompanied visit to a local food business indicated that officers had good levels of knowledge and a sound understanding of enforcement practices, including the assessment and implementation of HACCP-based food safety management systems. The authority provided adequate training opportunities and all front-line officers had attended relevant food safety management (FSM) courses.

However, in relation to general food businesses, it could not be confirmed by the audit that officers had carried out their duties in full accordance with legal requirements and official guidance, including the standards of FSM implementation and enforcement. This was due to a number of weaknesses in the service’s procedures and practices, but primarily because the authority did not have a standard proforma inspection form or aide-memoire to guide officers and to ensure that the required business, food operation and inspection information was recorded. Consequently, key information was either not identified or retained. Where minimal records were logged, this was done by a variety of means such that there was no reliable and complete source of record keeping from which food businesses compliance histories could be assessed.

All these issues also applied to the businesses in the district that required formal approval by the authority under Regulation (EC) No. 853/2004. The service was unable to confirm all of the businesses that had been approved by the authority, whether they had required approval or continued to do so, and if they currently met the required legal standards. The authority must ensure, as a priority, that the approval status of all relevant businesses is reviewed; that appropriate assessments are carried out under the current legislation, and that re-approval to reflect legislation changes in 2006 is either granted or approval is withdrawn as necessary.

Where examples of thorough work were discerned, particularly in recent activities where more detailed and appropriate records had been documented, these reflected the diligence of individual officers rather than systemic improvements. In addition to these concerns regarding approval assessments, the related statutory process and wider enforcement record keeping deficiencies, this report identifies significant areas of concern relating to the following key service areas:

• the reliability of the food business database and data management
• service planning
• officer authorisations
• documented policies and procedures
• internal monitoring

The service had developed documented policies and procedures for most food law enforcement activities, as part of its quality management system (QMS). Although all procedures had recent revision dates they contained a number of outdated references to superseded official guidance. Due to the generic format of these documents, they provided very little detail to guide officers in the processes and practices specific to this authority, which is likely to have been a significant contributory factor in the instances of officer inconsistency identified in this report.

Where adequate records were available, it appeared that officers were prepared to take an appropriate and graduated approach to enforcement. There were some issues in relation to the drafting of statutory notices and adherence to due process; these suggested a need for better internal monitoring to ensure accordance with official guidance and for consistency of approach.

Overall, food sampling and food complaint activities had been undertaken to a good standard. All food and food premises examined appeared to have received appropriate investigation and follow-up action. It was evident that a high level of appropriately targeted sampling was being carried out, much of it part of Essex-wide Food Liaison Group surveys. Sampling was being utilised as an adjunct to business inspections, although it could not be confirmed from the records that unsatisfactory sample test results had been followed up on all occasions.

The service had implemented a procedure for internal audit under its QMS regime which was being followed. However, there appeared to be an over-reliance on the scheduled QMS audits with very little evidence of day to day qualitative monitoring to ensure conformance with the requirements of official controls, official guidance and with the standard in the Framework Agreement on Local Authority Food Law Enforcement.