Complaint fact sheet

Westminster City Council Food Complaint Fact Sheet

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

  • To identify and prevent risk to public health
  • To investigate possible Food Safety offences
What happens first?

Within 5 working days of you making your complaint, we will 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. If your food was not purchased in the City of Westminster, you will be asked to contact the Local Authority where you made your purchase. We can assist with contact details so that you can contact them direct. If all else fails we can refer the complaint for you.

Further Information we need from you

When we contact you we may ask for additional information.

We need to know:

  • Where and when you bought the food
  • How you discovered the cause for complaint
  • How you stored the food since you bought it
  • How the food was packaged when you bought it
  • How your complaint affected you. (For example, were you injured or ill, did you lose any money as a result?)
  • As your complaint could lead to prosecution, we may ask you and other witnesses to provide statements.
How do we investigate your complaint?

Often we send samples of food to a Council appointed Public Analyst who gives us an expert opinion on what is wrong with it. The food is very often destroyed during analysis so we cannot usually return it to you later.  This process can take up to 3 Months.

We will always inform you of the results of any testing carried out. Customers may wish to know whether they get these results?

We will consider what precautions have been taken to prevent your complaint. If the complaint arose through circumstances which could not have been foreseen or prevented, the law prevents the Council from taking action.

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 complaint investigation will establish whether any offence has been committed. If there have been no offences and there is no continuing risk to health, the investigation will be closed.

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

  • The seriousness of the offence and the likely penalty
  • 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 Food 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