Making an appeal against a decision
Unlock This Video Now for FREE
This video is normally available to paying customers.
You may unlock this video for FREE. Enter your email address for instant access AND to receive ongoing updates and special discounts related to this topic.
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 Ombudsman
- Scotland Public Services Ombudsman
- Wales Public Services Ombudsman
- Northern 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.
Recommended Products For You
