Health and safety

 
 

Westminster City Council Health and Safety Complaint Fact Sheet

Our Team will investigate your complaint and the investigation will have two main aims:

  • To identify and prevent risk to public health and safety
  • To investigate possible health and safety offences

What happens first?

Within 5 working days of you making your complaint, we will contact you to confirm details of your complaint with you, provide you with an initial assessment of your complaint and give you details of how to keep in touch with us. Westminster City Council does not deal with all Health and Safety matters. It may therefore be necessary for us to refer you to another enforcement body such as the Health and Safety Executive. We can assist with contact details so that you can contact them direct.

Further Information we need from you

When we contact you we may ask for additional information.

We need to know:

  • Where and when the unsafe conditions/accident occurred
  • How you discovered the cause for complaint
  • Whether there were/are any other people affected
  • How the unsafe conditions or accident affected you. (For example, were you injured or ill)
  • As your complaint could lead to prosecution, we may sometimes ask you and other witnesses to provide statements.

How do we investigate your complaint?

We will not always visit the premises you have complained about. After speaking to you and making an initial assessment we may decide to phone the premises and ask them to rectify the matter you are complaining about.

If we feel it is necessary we will visit the premises you are complaining about to attempt to witness the matter being complained about. If we judge that health and safety legislation is being breached, we will ensure the issue is rectified.

If we visit the premises and judge that all relevant health and safety legislation is being complied with, we can not legally require any improvements at the premises. We may be able to make suggestions for improvement but these are not enforceable.

How long does an investigation take?

The time taken to investigate a complaint will vary, ranging from a few days to many months. Cases that result in a formal caution or prosecution can take over a year to complete.

What are the likely outcomes of your complaint?

The main aim of any complaint investigation is to make sure that unsafe conditions are made safe. The complaint investigation will also establish whether any health and safety offence has been committed.

If we have sufficient evidence to prove that an offence has been committed, we will consider the following issues in deciding whether to take any further legal action -

  • The seriousness of the offence and the nature of any injuries or ill health suffered as a result and the likely penalty
  • The steps taken to avoid the unsafe conditions/accident
  • Whether anyone has been negligent
  • The likelihood of the offender re-offending
  • Your views

You will be told about the outcome of the investigation and the investigating officer will explain to you the reasons behind the final decision in your case.

We will keep your identity strictly confidential. Sometimes a business may want to apologise, in these cases we will only reveal your identity if you give your consent.

Will this investigation help me to claim compensation?

The Team will not give you advice about your right to compensation. You would need to take independent legal advice regarding this. The Citizens Advice Bureau www.citizensadvice.org.uk can provide further information regarding your legal rights