L Is For Local Authority - Consistency Of Enforcement?

In order for industry to operate effectively and on a level playing field it is essential that there is consistency of enforcement between Local Authorities.

The Regulator's Compliance Code and The Central and Local Government Enforcement Concordat lay out general principles to ensure fair and consistent enforcement by Local Authorities in the UK. This includes increasing the transparency of regulatory organisations by asking them to report on outcomes, costs and perceptions of their enforcement approach.

Additionally, the Food Standards Agency (FSA's) local authority audit scheme undertakes a qualitative assessment of local authority performance. Local authorities are selected to represent a cross-section of local authority types, geographical location and level of enforcement.

The Framework Agreement for this provides for:

Publicly available local service plans to increase transparency of local enforcement services Agreed feed and food law enforcement standards for local authorities Enhanced monitoring data with greater focus on inspection outcomes and which provides more detailed information on local authority performance An audit scheme aimed at securing improvements and sharing good practice. These audits are regularly published and are available to view on the FSA's website.

For example, on 21 February 2011 the FSA published the first set of audit reports from its programme examining the imported food controls arrangements at local authorities of Harringey, Newham, Middlesborough, River Tees Port Health Authority, Slough and Tendring. These set of published audits indicate that there is a general lack of structured effective internal monitoring and record keeping in some authorities (Harringey, Newham, River Tees) and a much more robust system in others (Middlesborough, Slough and Tendring).

It would therefore seem that sometimes there is a risk of inconsistency among Local Authority officers themselves in a single Authority, in addition to the risk of inconsistency of enforcement between different Local Authorities.

Recommendations for Obtaining Consistency

Have a good relationship with your Local or Home Authority – If applicable, obtain a Home Authority. The Home Authority Principle applies in food and health and safety work to ensure that multiple outlet businesses are treated consistently by local authorities. Businesses will generally build up a relationship with, and receive advice and information from...