FSA Notices - RANs, WENs and HINs
We are increasingly concerned at the way OVs are carrying out enforcement. Enforcement is not an official control and cannot be delegated by FSA to E&J, yet the contractual arrangement between the Agency and E&J penalises E&J if OVs miss non-contraventions, even if they are of no significance for public health or animal welfare. Not surprisingly some OVs are scattering enforcement notices like confetti.
We always advise members that if they are served with a legal notice to either comply with it or appeal it. If ignored there is a strong likelihood that prosecution will follow. Frequently in such cases FSA will not proceed with a prosecution of the original non-compliance, which may be difficult for them to prove, but will successfully prosecute for non-compliance of the notice, on the basis that the operator could have appealed but didn’t.
Appealing notices is a legal procedure, and the cost may inhibit many operators. However, Roythornes Ltd (one of our legal services providers) have agreed a procedure which will allow notices to be challenged without incurring huge cost. Full details are attached.
In a nutshell, Roythornes will advise members and write to the FSA challenging a notice for a set fee £250 plus VAT, which will only be payable if the challenge is successful. If the initial challenge is unsuccessful Roythornes will assist you in a formal appeal. That will be charged for but may still be good value for money as if successful you could get some costs back from the FSA, which you wouldn’t if you are prosecuted, even if found not guilty.
Next time you have a notice served, let us know and we will work with Roythornes to advise you how to proceed.