The Local Government (Best Value Performance Indicators) (Wales) Order 2001

Article 4

SCHEDULE 8 ENVIRONMENTAL HEALTH AND TRADING STANDARDS INDICATORS

Indicator Number	Description of indicator	Details of indicator
NAWPI 8.1	The percentage of food premises inspections that should have been carried out that were carried out for: (a) high risk premises (b) other premises	Inspections due means the inspections of relevant premises due during the year as per the minimum number of inspections for those premises that should have been carried out for food hygiene purposes in accordance with COP9. Inspection is defined in the Food Safety Act 1990 code of practice no. 3 paragraph 2 (excluding section (f)). “COP9” below refers to the Food Safety Act 1990 (1990 c. 16), Code of Practice no. 9 “Food premises” means all categories as defined in annex (1) of COP9 “High risk premises” means premises in risk categories (a) to (c) in COP9 “Other premises” means premises in risk categories (d) to (f) in COP9.
NAWPI 8.2/BV 166	Score against the checklist of enforcement best practice for environmental health/trading standards.	The proposed checklist below is drafted with 10 points, with one or more question per point. Each point is worth 1 mark. The question(s) under each point are worth a fraction of that mark. Each question requires a “Yes” or “No” answer. For example, there are eight questions under point 1, so a “Yes” answer to one question under point 1 attracts a score of 1/8th, and a “Yes” answer to five questions attracts a score of 5/8th. Written Enforcement Policies 1.  a) Does the best value authority have written published enforcement policy/policies, formally endorsed by its members that cover all aspects of environmental health and trading standards enforcement? b) Is non-compliance with statutory requirements followed up in accordance with the enforcement policy/policies? c) Do the policy/policies confirm that the best value authority has signed the Enforcement Concordat? d) Do the policy/policies take in to account the guidance set out in “The Code for Crown Prosecutors”? e) Do the policy/policies include the criteria to be met before formal enforcement by the best value authority? f) Do the policy/policies make provision for situations where there is a shared enforcement role? g) Do the policy/policies make provision for the particular interests of consumers within the best value authority’s area including business owners, employees and the public? h) Are the policy/policies mentioned above followed, monitored, and reported on, and any variations addressed within the service plan or Best Value Performance Plan (BVPP)? Planned enforcement activity 2.  Does the best value authority have risk— based inspection programmes, and sampling and surveillance regimes for regulatory services that: a) meet legal requirements; b) otherwise have regard to official guidance; c) otherwise have regard to other appropriate professional guidance and standards? The best value authority must be able to demonstrate that it regularly reviews its interpretation and application of legislation and guidance. For example, in the trading standards area, it should carry out an annual comparison of the proportion of its trading premises that it has classified as having “high”, “medium” or “low” inspectable risk with the figures for other authorities. It should then carry out process benchmarking with other authorities if these proportions differ significantly form the average, e.g. if the authority’s figures are in the upper or lower decile. 3.  Are the programmes and regimes mentioned above in Point 2 followed, monitored, and reported on, and any variations addressed within a service plan or BVPP? 4.  Does the best value authority have targeted educational and information programmes? 5.  Are the programmes mentioned in Point 4 followed, monitored, and reported on, and any deviations from the planned programmes addressed within a service plan or BVPP? Reactive and responsive enforcement activity 6.  Does the best value authority have and implement policies, procedures, and standards for: a) responding to and dealing with complaints made to the best value authority about a third party and requests for services regarding statutory enforcement functions b) supporting the provision of consumer advice, including participation in a Consumer Support Network? 7.  Does the best value authority have and implement policies, procedures and standards for responding to and dealing with: a) statutory notifications b) the referral to other regulators of relevant information received where there is wider regulatory interest? 8.  Are the policies, procedures and standards mentioned above in Points 6 and 7 followed, monitored, and reported on, and any variations addressed within the service plan or BVPP? Appropriate Resources 9.  Has the best value authority within the last five years benchmarked its resources for relevant services against similar best value authorities or comparable service providers including private and voluntary? Consultation and satisfaction levels 10.—a) Does the best value authority have a range of mechanisms in place to consult stakeholders affected by their service regarding the development of the enforcement policy? b) Does the best value authority have a range of mechanisms in place to consult stakeholders affected by their service regarding satisfaction levels? c) and are the consultation responses considered and acted upon?