Food Hygiene Rating Scheme Appeals Policy

Food Hygiene Rating Scheme Revisits Policy

As part of its Food Hygiene Rating Scheme(FHRS) consistency framework, Sandwell Metropolitan Borough Council operates a revisits procedure. This policy covers therevisits procedure.

Scope

This policy is relevant where a food business operator has made the necessary improvements to address any non-compliances identified during the local authority’s planned intervention (inspection, partial inspection or audit).

The revisits policy applies specifically to revisits that have been requested by the food business operator. It is recognised that the inspecting officer may revisit a food business at their own discretion at any time following the initial intervention, and that where this revisit constitutes an inspection, partial inspection or audit, then the food hygiene rating may be revised by the inspecting officer. These discretionary revisits do not fall within the scope of this policy.

The revisits policy and procedure apply from the point in time at which a request for a revisit is considered to have been made in accordance with the requirements below, and continue to apply until either the request for a revisit has been refused and this refusal confirmed by the Lead Officer for Food, or until the revisit has been carried out by the inspecting officer.

Any further complaint that a food business operator wishes to make regarding a refusal to make a requested revisit after the refusal has been confirmed by the Lead Officer for Food, will be dealt with in accordance with the local authority’s Complaints Procedure.

Means of Requesting a Revisit

1. A request for revisit must be made by the food business operator in writing by:

a)fully completing the FHRS request for revisit form and sending it to the Lead Officer for Food by an acceptable means of delivery; or

b)fully completing the template request for revisit form provided on the national FHRS website and sending it to the Lead Officer for Food by an acceptable means of delivery.

1. Acceptable means of delivery of a request for revisit form includes:

a)giving by handa request for revisit form to an authorised officer of Sandwell Metropolitan Borough Council.

b)posting a request for revisit form addressed to the Lead Officer for Food;

c)emailing a request for revisit form to the Lead Officer for Food; or

d)faxing a request for revisit form to the Lead Officer for Food.

Requirementsfor a Request

1. A request for revisit can be made at any time after a planned intervention has taken place.

1. The request for revisit must outline the case for a revisit; i.e. it must indicate the actions that have been taken by the food business operator to rectify the non-compliances identified at the planned intervention.

1. Supporting evidence can and should be provided where appropriate.

Evaluation of Request

1. Inspecting officers shall make an initial decision as to whether a valid request for revisit has been made, and shall refuse the request for revisit if it is not valid.

1. Where a request for revisit is refused, the inspecting officer shall discuss this with the food business operator as soon as possible, indicating what actions are outstanding and what evidence will be required before a further revisit request will be agreed.

1. Where a food business operator disagrees with the inspecting officer’s decision to refuse a request for a revisit, they can discuss this with the Lead Officer for Food, who will decide whether to refuse or agree to the request for a revisit.

1. In the absence of the Lead Officer for Food, a Principal Environmental Health Officer, or by the Safety and Licensing Manager (or equivalent) can refuse or agree to a request for revisit.

Requested Revisits

1. No revisits shall be made within 3 months of the original planned intervention (the stand-still period), except, at the inspecting officer’s discretion, where the non-compliances identified concerned only the need for permanent structural improvements or repairs, or upgrading of equipment.

1. Once a valid request for revisit has been made, the revisit must be carried out by the inspecting officer within:

a)3 months of the end of the standstill period;

b)Within 3 months of the request for revisit, where this is made after the stand-still period;

1. Where a request is made within 3 months of the next planned intervention, it is at the inspecting officer’s discretion as to whether to carry out a revisit.

1. Only a single revisit can be made after each planned intervention.

1. A requested revisit must consist of an inspection, partial inspection or audit, and must be unannounced where this is reasonably practicable.

1. If a revisit is not carried out within the 3 month period, a food business operator can raise this with the Lead Officer for Food. Following this, if the matter has not been resolved, the food business operator has recourse to the local authority’s Complaints Procedure.

Revision of Food Hygiene Rating

1. Food hygiene ratings are based solely on the intervention rating score.

1. When a requested revisit is carried out the intervention rating score may be revised by the inspecting officer, based on an assessment of the overall level of compliance in the food business. The intervention rating score may therefore go up, down or remain the same.

1. Revised food hygiene ratings may be appealed by the food business operator in accordance with the Appeals Procedure.

1. Where a food business’s food hygiene rating has been revised following a requested revisit, they must be sent:

a)Where appropriate, a completed inspection report or letter relating to the revisit, and

b)Notification of the revised food hygiene rating and justification, and

c)New FHRS branding materials appropriate to the revised rating;

Within 14 days of the revisit.

Definitions

“authorised officer” has the meanings given under Section 5(6) of the Food Safety Act 1990 and/or Regulation 2(1) of the Food Hygiene (England) Regulations 2006, as appropriate.

“day” or “days” means any day or days of the week, including weekends and bank holidays.

"food business" means any undertaking, whether for profit or not andwhether public or private, carrying out any of the activities related to any stageof production, processing and distribution of food;

“food business operator” means the natural or legal persons responsible forensuring that the requirements of food law are met within the food businessunder their control;

“inspecting officer” means the authorised officer that carried out the planned intervention.

“planned intervention” means an inspection, partial inspection or audit carried out as part of Sandwell Metropolitan Borough Council’s routine food hygiene inspection programme.

“working days” includes any day or days of the week, but excludes bank holidays.