Many complaints about food are brought to our attention every year. Both the Borough of Spelthorne and Surrey County Council Trading Standards can take action depending on the type of complaint.
If the food is mislabelled or it is a quality issue then Surrey County Council Trading Standards enforce the law and we will pass the complaint to them for investigation.
If food is considered a risk to health, unfit, mouldy or has a foreign object in it then it is the responsibility of the District Council in the area where it was sold to investigate it. If the food was bought within the area of Spelthorne Council then a member of the Commercial Team, of Environmental Health Services of the Borough of Spelthorne will investigate it.
If you are unsure who the correct enforcement agency is, please contact us and we will ensure that the correct people receive your complaint. We can be contacted at:
Environmental Health Services, Directorate of Community Services, Spelthorne Borough Council Knowle Green Staines, TW18 1XB
Our policy is to investigate all food complaints for which we are the investigating authority. The level of investigation will depend upon the nature of the complaint and the Officers opinion and previous knowledge of similar complaints.
At the outset it will be explained to you that we cannot get you a refund for your food. At this point you can decide whether to pursue the food complaint through us or to return it to the store for the store to carry out an investigation.
An investigation may range from visual identification of a foreign object to in-depth analysis of the food. Sometimes what initially seems to be something unhygienic e.g. mouse droppings in white bread, turns out to be something quite safe e.g. a small amount of granary bread dough baked into the white loaf. On these occasions no further investigation will be carried out and you will be advised to return the product to the store.
Witness Statement.
When a complaint is received, we will obtain as much information as possible from you about the circumstances of purchase and the discovery of the complaint.
A 'Witness Statement' will be taken from you. This is a formal account taken in accordance with the 'rules of evidence' so that if needed we can present it to a court of law. Asking you for a witness statement does not mean we will prosecute, it merely helps us collect information appropriately whilst it is fresh in your mind. Should you not wish to provide us with a Witness Statement or be willing to appear in Court your complaint shall only be informally investigated in order to give appropriate advice to the manufacturer, and no formal action can be pursued.
Stage 1
When a complaint is first received, the investigating officer examines it, often under a microscope, to confirm the nature of the complaint. Sometimes complaints, which initially seem to be totally unacceptable, are found to be things that are not at all harmful e.g. what appeared to be a beetle in a ready meal was in fact a cardamom seed. Whilst not expected, no food safety offence is committed and no further action will be taken.
Stage 2
Once your food complaint has been examined and it is found to warrant further investigation if the problem appears to have occurred during manufacture of the food one of our first actions will be to contact the manufacturer so that we can establish whether there are other similar complaints and if there is a serious manufacturing problem.
If the product is manufactured in the UK, we will also contact the local authority that enforces food hygiene at the premises so that we can have an independent opinion of their standards.
If the product is manufactured outside the UK contact is made with the relevant country's food safety enforcement service through the UK Single Liaison Body.
Stage 3
We then decide whether or not we need the opinion of other experts. If so, the complaint may be sent to the Public Analyst or an expert with specialised knowledge. This can provide valuable information about such things as the type and likely origin of foreign bodies such as glass fragments, pieces of metal etc, the exact nature of pest contamination and identification also of unknown foreign objects.
Food Complaint Investigation Standards
All food complaints are investigated in accordance with the following:
The Borough of Spelthorne Food Complaints Procedure and Enforcement Policy.
LACOTS (Local Authority Co-ordinating body on Food and Trading Standards) Guidance on Food Complaints (2nd Edition November 1998).
LACOTS UK Single Liaison Body - Guidance for Dealing with Transborder Enquiries and Complaints - (March 1999).
Due Diligence
Food safety offences are 'strict liability' offences in that we do not have to prove that there was an intention to break the law. However, this is offset by allowing the food company a 'due diligence' defence. This defence allows the offender to be found 'not guilty' if he can prove that he took all reasonable steps to prevent the offence occurring.
This means that we have to investigate what steps have been taken to ensure the safety of the food and whether more could have been done. This is usually done in co-operation with the local authority in the area where the food was manufactured. Most of the large major manufacturers have looked at all parts of their manufacturing processes and have thought of all possible risks. This means that there is often little chance of a successful prosecution.
Informal Action
Most complaints are dealt with informally, because the evidence we have is not sufficient to satisfy a court of law 'beyond all reasonable doubt', because the offender has a good 'due diligence' defence or because the complaint is deemed too trivial to be in the public interest to prosecute. However, most manufacturers investigate complaints seriously to prevent any possible further occurrence and are concerned about both food safety and their public image and will offer their apologies and often a small amount of gift vouchers as recompense.
Formal Action
In the event that the investigating officer is confident that an offence has been committed, appropriate evidence is available and the company do not have a due diligence defence, formal action will be considered, such as the issuing of a Formal Caution or instigating legal proceedings, having regard to the Borough of Spelthorne Enforcement Policy.
Formal Caution
The law allows us to give 'Formal Cautions' just like the police. These can be issued when we have enough evidence to be likely to win a prosecution and the offence is admitted. These formal cautions can be a valuable tool, as we do not have to divert our time away from other food safety matters in the district.
There is no court case but the company concerned gets a criminal record. If a company has already received a formal caution for a similar offence, we would be likely to prosecute.
Consistency & Monitoring
Where food complaints that have been investigated are likely to result in formal action, a report is prepared by the investigating officer that follows the Borough of Spelthorne Enforcement Policy and the Crown Prosecution Service document "The Code For Crown Prosecutors" (To see The Code For Crown Prosecutors go to http://www.cps.gov.uk).
The report, including recommendations for either formal caution or legal proceedings, is authorised by the Environmental Health Manager (Commercial) and the Head of Environmental Services.
Time Scales
These investigations can, on occasion, take some months and we may not be in contact with you for some while. However if you ever want to know what is happening to your complaint, please do not hesitate to contact the investigating officer dealing with your complaint, quoting also the complaint reference number that you will have been given.
Compensation
We are not in a position to obtain compensation for you from the companies involved, nor are we able to pursue claims for personal injury. If you feel a claim is appropriate, you are recommended to seek legal advice as soon as possible.
