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Appeals procedure

15 April 2016

1.0. Introduction

1.1. In this process the term Trading Standards Officer also includes Trading Standards Enforcement Officer.


1.2. We acknowledge that there may be an occasion when you do not agree with a regulatory decision made by a Trading Standards Officer. If you wish to appeal such a decision the following process must be followed.

1.3. This appeals procedure does not replace any other statutory appeals procedures contained in legislation (for example, Health and Safety and food legislation) 

 

2.0. Step 1

2.1. If you do not agree with an instruction issued to you by a Trading Standards Officer as part of their duties you must contact the service within 14 days making it clear that you wish to make an appeal. You can contact us by:
• Telephone:  0345 603 7626

 

• By post:  Essex County Council Trading Standards
County Hall
Market Road
Chelmsford
CM1 1QH
 
2.2. You must make it clear in your communication with us the grounds under which you wish to appeal. This should be a summary of what aspects of the instruction you do not agree with and the reasons why you disagree. Your appeal should contain the following information:
 
  • Your name and position in the business
  • The business name, address, post code and a telephone number or e-mail address
  • The name of the Trading Standards Officer that issued the instruction
  • The date that the instruction was given to you
  • Copies of any letters, formal notices, etc. that you have been issued
  • An outline of the instruction that you do not agree with together with reasons why. You may believe that the Trading Standards Officer has misinterpreted the law or you may feel that the request being made is disproportionate to the size of your business and the resources at its disposal or the risks posed by any non-compliance identified.
2.3. The instruction issued by a Trading Standards Officer will stand and remain valid while an appeal is in progress. At the discretion of the Service, the instruction may be suspended, if that is appropriate.
 
 

3.0. Step 2

3.1. This information will be allocated to a Trading Standards Operational Manager for investigation.
 
3.2. The manager will review the facts and circumstances relevant to the appeal and in so doing may wish to speak directly with you.
 
3.3. The manager will then make a decision on whether the instruction that you have been issued is reasonable and proportionate taking into consideration the size and nature of your business and any risk posed by any noncompliance identified.
 
3.4. The decision will be communicated to you within 7 days from the date you contacted the service.
 

4.0. Step 3

4.1. If you disagree with the decision of the manager and are still unhappy with the instruction that you have been given you must notify us within 7 days.
 
4.2. Your appeal will be passed to either a Trading Standards Strategic Manager or the Trading Standards Service Manager who will make a decision on whether the instruction that you have been issued is reasonable and proportionate taking into consideration the size and nature of your business and any risk posed by any noncompliance.
 
4.3. This decision will be communicated to you within 7 days from the date you contacted the service and will be final and binding in all cases.