Enforcement powers

Authorised Officers of the Food and Environmental Safety Service have various powers available to them if they find non compliance with health and safety law within premises for which they are the enforcing authority.

Enforcement action may result following a health and safety inspection, investigation of a complaint or investigation of an accident.

Informal action or recommendations

Following most involvement with businesses where minor contraventions of the law have been identified, the authorised officer will confirm the law that they believe has been breached and what action needs to be taken to comply. This will normally be confirmed in writing to the proprietor of the business.

Improvement notice

Where an authorised officer believes action needs to be taken to secure compliance with the law and either it is of a serious nature or the business has been advised of the issue on previous occasions, an improvement notice may be served.

This notice details what needs to be done, why it needs to be done and when it should be done. The notice must give a minimum of 21 days for the works to be completed. During this time the person receiving the notice may appeal to an Industrial Tribunal. The rights of appeal are detailed on the notice.

Where a notice is not complied with by the date stated, the authorised officer may take further legal action against the person/business on whom the notice is served.

Prohibition notice

Where the authorised officer believes that there is a risk or likely risk of serious personal injury involved with an activity, premises or procedure, they may serve a prohibition notice. A prohibition notice requires the activity to stop immediately and cannot be resumed until the appropriate action has been taken to rectify it, i.e. remove the risk/likely risk of personal injury. The notice details what needs to be done and why it needs to be done. The rights of appeal are detailed on the notice.

Prosecution

An authorised officer may determine that they should take further action in certain circumstances. Each individual case is taken on its own merits, specifically having regard to:

• the gravity of the offence that is believed to have been committed and evidence available to give a realistic prospect of conviction
• general record and approach of the offender towards health and safety
• whether there will be public benefit from a prosecution
• formal guidance (such as the code for Crown Prosecutors) 

Formal caution

A 'Home Office Formal Caution' may be offered as an alternative to prosecution. In line with the Home Office circular on issuing formal cautions, certain matters have to be taken into account:

• there must be evidence of the offenders guilt sufficient to give a realistic prospect of conviction
• the offender must admit the offence(s)
• the offender must understand the significance and agree to accept the caution
• the caution should be in the public interest.

In accepting a formal caution, the individual/business will have a criminal conviction against their name/trading name.

Complaints and enquiries

To make a complaint or enquiry online please use this form.

Further information about the Food and Environmental Safety Service and other contact details can be found on our Standards of Service page.