Investigation of Food Complaints
- What Food Complaints Will We Investigate?
- Witness Statements
- What Is The Investigation Process?
- Food Complaint Investigation Standards
- Due Diligence
- What Actions Are Taken?
- Consistency And Monitoring
- What Are The Time Scales For This?
- Can You Claim Compensation?
What Food Complaints Will We Investigate?
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 examination and 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.
Information on 'use by'/'best before' dates and typical food complaints can be found using the links on the right.
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.
What Is The Investigation Process?
- Investigation - 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.
- Investigation - Stage 2
Once your food complaint has been examined, and it is found to warrant further investigation, this will be undertaken by an officer who will update you on progress of the investigation. Further information can be found in the information leaflet in the downloads section on the right.
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 manufacturer's 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.
- Investigation - 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 Bracknell Forest Borough Council's 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).
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', or 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 Bracknell Forest Borough Council 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.
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 Bracknell Forest Borough Council's Enforcement Policy and the Crown Prosecution Service document "The Code For Crown Prosecutors". The report, including recommendations for either formal caution or legal proceedings, is authorised by the Environmental Health and Safety Manager and the Assistant Director of the Environment Department.
What Are The Time Scales For This?
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.
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.
 |
Listen |  |
Feedback |  |
