Why local authorities are struggling to police food standards

The “Our Food 2024” report identifies a “clear and present risk to public health, trade and economy” as a result of failures in the local authority official control delivery in Scotland, which it says falls far below statutory requirements.

The report, the fourth annual review jointly produced by the two agencies, indicates that the UK’s food sector continues to face significant pressures, particularly in resourcing. Between April and September 2024, 95,000 overdue inspections were identified, including 871 high-risk businesses in England, Wales and Northern Ireland. In Scotland, 17.2 per cent (12,533 out of 72,950) of registered businesses were unrated in December 2024.

Earlier this year the FSA highlighted its concerns about the pressures placed on local authorities to meet inspection targets and the potential impact this could have on standards. In written evidence submitted as part of a UK Government inquiry into whether the local government finance system in England is fit for purpose, it said: “After a long-term decline in numbers, pressure on the local authority workforce of environmental health and trading standards officers continues, with a significant backlog in the number of food businesses awaiting inspection.”

The recent findings by the FSA and FSS gave cause for concern for businesses as well as public health. To be effective, a regulator must be adequately resourced, otherwise the door is open to bad actors. Apart from the obvious risk to human health this can present, the absence of an effective deterrent disadvantages the vast majority of compliant businesses.

The FSA says it is undertaking a series of initiatives to improve the regulatory system and help local authorities make the most of the resources they have at their disposal to support businesses and protect consumers. These include initial trials with participating large retailers to test if an alternative regulatory model could work; using business intelligence data alongside some physical checks to assess compliance and proactively manage risks and consulting on potential changes to food hygiene checks, including greater use of remote inspections.

Notably, the report states that in Scotland: “LA (local authority) official control delivery falls far short of statutory requirements, presenting a clear and present risk to public health, trade and economy.” A new system – the Scottish Authority Food Enforcement Re-Build programme (SAFER) – has been proposed for Scotland to transform “the system for food law regulation and enforcement in Scotland”.

The report, published against the backdrop of an escalating cost-of-living crisis across the UK, indicates that while food prices rose more slowly than overall inflation in 2024, consumers continued to report concerns over affordability.

The current economic climate makes it even more imperative that local authorities are adequately resourced. The risks are particularly high at a time of economic uncertainty and a cost-of-living crisis, when the temptation to cut corners may well be higher.

The report’s comments about delivery in Scotland will be of particular concern to businesses and consumers and the detail of the new SAFER initiative, expected to be launched later this year, will be awaited with interest.

Zoe Betts, Partner and Criminal Regulatory Law specialist at Pinsent Masons