Macclesfield Borough Council

A number of significant management and operational deficiencies were identified during the audit of the food hygiene law enforcement service. A food law enforcement Service Plan had been developed for 2007-2008, however, it did not contain sufficient detail and some of the data that it contained had been transposed from the 2006-2007 Service Plan. There was no evidence that the previous year’s performance had been reviewed.

Several key areas of service activity were not subject to documented policies and procedures to guide officer actions. Those that were available had not been reviewed or revised. There was little evidence of any formal internal monitoring of documentation or officers actions, and no documented internal monitoring procedure.

Food hygiene inspections were not carried out at the required minimum frequencies as prescribed in the Food Law Code of Practice. There was a backlog of food hygiene inspections across all risk categories, including those identified by the authority as high risk. However, evidence provided by the authority showed that the service was prioritising its current inspections according to risk, and had implemented a plan to ensure that the backlog would be dealt with as a priority.

The service had not re-approved any of its product specific premises contrary to guidance issued by the agency in December 2005. Secondary inspections at approved premises were not being carried out, resulting in a failure to inspect approved premises at frequencies prescribed by the Food Law Code of Practice.

Where contraventions within food premises were highlighted by inspectors, the authority frequently failed to use available enforcement powers in an effective and proportionate manner to ensure business compliance with food safety legislation. There was no evidence of the decision making process with regard to enforcement options selected by officers, or, in most cases, any reference to the authority’s published enforcement policy.

The inspection records generally lacked sufficient detail of food businesses’ enforcement histories. These are essential to guide subsequent inspecting officers, to inform decisions and to ensure a graduated approach to enforcement, and to provide a basis for effective internal monitoring.

The findings of this audit reflect comments made in a report arising from an inter-authority audit carried out in December 2007, and it is clear that a substantial amount of work is still required to address the issues raised by the report.