About Defra

Fish Health Inspectorate complaints procedures and charter

If you have a complaint about the way that we operate or the services that we provide, you can tell us by telephone, in writing, by fax, or in person. Initially you should contact the inspector with whom you have been dealing, who may be able to respond to your problem immediately, and certainly will aim to answer any correspondence within 10 working days of receipt.

If you are not satisfied with the response, you can telephone, fax or write to Dr Barry Hill, Chief Advisor for Fish and Shellfish Health at:

Centre for Fisheries, Environment and Acquaculture Science (CEFAS)
Weymouth Laboratory
The Nothe
Weymouth
Dorset DT4 8UB

Tel. (01305) 206626
Fax. (01305) 206627

Your complaint will be fully investigated and you will receive a reply within 15 working days. If this is not possible, Dr Hill or his deputy will write to you explaining why and letting you know when you may expect a response.

If you still feel that your complaint has not been fully resolved, you can write to our adjudicator, Trevor Cook, whose address is:

Department for Environment, Food and Rural Affairs
Area 7D
Nobel House
17 Smith Square,
London SW1P 3JR
Email: service-standards.adjudicator@defra.gsi.gov.uk

Trevor Cook plays no part in the management or policy of any Defra Inspectorate thus ensuring his impartiality. He will investigate your complaint and report back to you within 15 working days. If this is not possible he will write to you explaining why and letting you know when you can expect to receive a response.

If you are not satisfied with the adjudicator's decision, you may write to a Member of Parliament who may agree to refer your complaint to the Parliamentary Commissioner for Administration (the Parliamentary Ombudsman) or you can write to the Secretary of State for Defra.

The Fish Health Inspectorate; Our Code of Practice and Customer Charter

Introduction

The Fish Health Inspectorate (FHI) is part of the Centre for Environment, Fisheries and Aquaculture Science (CEFAS), which in turn is part of the Department for Environment, Food and Rural Affairs (Defra). It contains a total of 14 inspectors, all of whom are based at the Department's CEFAS Weymouth Laboratory. The Inspectorate covers the whole of England and Wales, operating on behalf of Defra in England and the National Assembly for Wales Agricultural Department (NAWAD) in Wales. Relevant addresses are shown below. This booklet explains the standards and quality of service we aim to provide in our dealings with you. It tells you what we do, what standards we work to, and how you can contact us, particularly if you have a complaint. This Charter incorporates the provisions of the central and local government Enforcement Concordat. This commits the Inspectorate to good enforcement policies and procedures. The updated charter will be implemented with effect from January 2000 and will be reviewed in January 2002. A Welsh language version of this Charter is also available from the FHI at Weymouth on request.

What we do

Our main aim is to prevent the introduction and spread of serious fish and shellfish diseases in England and Wales. This work plays an important part in ensuring the continued health of our wild fisheries and shellfisheries and the economic prosperity of our fish and shellfish farming industries.

Our work involves implementing European Union (EU) Fish Health Directives and the resulting national Regulations and Acts in this field. These include: The Fish Health Regulations 1997, The Animal and Animal Products (Import and Export) Regulations 1998, The Diseases of Fish (Control) Regulations 1994, The Diseases of Fish Acts 1937 and 1983, The Sea Fisheries (Shellfish) Act 1967, The Import of Live Fish (England and Wales) Act 1980, and a number of orders and regulations made under these Acts. We also undertake operations under The Animal and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997. We do this by:

  • regulating and checking imports of live fish and shellfish, their eggs and gametes;
  • monitoring the fish and shellfish health status of other countries, by maintaining close contact with overseas authorities;
  • carrying out spot-checks on Third Country and intra-Community trade;
  • providing movement documents in order to meet requirements for fish and shellfish being moved to other parts of the EU;
  • following up known or suspected disease outbreaks;
  • routinely inspecting fish and shellfish farms, and other waters, for the presence of disease;
  • analysing samples of fish and shellfish taken from such sites;
  • where appropriate, controlling movements of fish or shellfish to or from infected areas;
  • supervising disease clearance and disinfection procedures;
  • registering all fish and shellfish farming businesses, and maintaining details of their operations;
  • inspecting the movement, medicine usage and mortality records of such businesses, on a regular basis and following disease outbreaks;
  • taking samples from farmed fish for veterinary residue testing, and investigating any positive results;
  • carrying out inspections to appraise compliance with the Keeping of Live Fish (Crayfish) Order 1996, Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998 and the Wildlife and Countryside Act 1981 and to investigate reports of unlicensed introductions.

Please note that the detailed fish and shellfish disease controls, which are subject to change, may be found in separate leaflets which you can obtain free of charge from the Fish Health Inspectorate at the address below.

How to contact us

The relevant addresses are:

Department for Environment, Food & Rural Affairs (Defra)
Fisheries Division II
(Aquaculture, Salmon and Freshwater Fisheries)
Branch A, Nobel House, 17 Smith Square, London SW1P 3JR

Tel: 020 7238 6049/5947
Fax: 020 7238 5938
E-mail: s.fishii@defra.gsi.gov.uk

The National Assembly for Wales Agriculture Department (NAWAD)
Agricultural Policy Division 5
Cathays Park
Cardiff CF1 3NQ

Tel: 02920 825451
Fax: 02920 823562

Centre for Environment, Fisheries and Aquaculture Science (CEFAS)
Fish Health Inspectorate
CEFAS Weymouth Laboratory
The Nothe, Barrack Rd, Weymouth
Dorset DT4 8UB

Tel: 01305 206673/4
Fax: 01305 206602
E-mail: Fish.Health.Inspectorate@cefas.co.uk

Veterinary Medicines Directorate
Residues and Surveillance
Woodham Lane, New Haw, Addlestone, Surrey KT15 3LS

Tel: 01932 336911
Fax: 01932 336618

If you need to contact us: Please contact:
about policies towards particular diseases Defra or NAWAD
about import control policies Defra or NAWAD
to notify the suspected presence of a notifiable disease CEFAS Weymouth
about the results of any tests CEFAS Weymouth
to request technical information about diseases CEFAS Weymouth
about the requirements for particular imports CEFAS Weymouth
to request an import licence CEFAS Weymouth
about the requirements for movement documents CEFAS Weymouth
to request a movement document CEFAS Weymouth
to provide pre-notification of an incoming consignment from another EU member state CEFAS Weymouth
about suspected illegal movements of fish and shellfish CEFAS Weymouth
about registration of fish and shellfish farming businesses CEFAS Weymouth
about keeping licences for crayfish and those for keeping and release of specified non-native fish species Defra or NAWAD
to apply for registration CEFAS Weymouth
about veterinary residue testing Veterinary Medicines Directorate
about this booklet CEFAS Weymouth
with a general enquiry Defra or NAWAD

Further information on the fish and shellfish health regime and the work of the Fish Health Inspectorate can be found on the Fisheries section of the Defra website at www.defra.gov.uk/fish/fishindx.htm and on the Aquaculture and Health section of the CEFAS website at http://www.cefas.co.uk.

What you can expect from us

This part of the booklet sets out the level and standard of service which we aim to provide, covering the following areas:

  • Publication of standards
  • Courtesy and helpfulness
  • Consultation and communication
  • Enforcement
  • Information and openness
  • Value for money
  • Complaints

Publication of Standards

The standards we set include the time taken to provide various services and the provision of an adequate and effective complaints procedures. We will produce, and make available for inspection, an annual summary of the results of our performance against the standards set. These will be published each year in Trout News and Shellfish News which are circulated free to all registered fish and shellfish farmers respectively. We will continue to send a copy of the results to all fish and shellfish import licence holders and copies are also available from CEFAS Weymouth.

Our standards of service are as follows:

Correspondence

We will reply to all letters, and complaints, within 10 working days of receipt.

Inspections

We will state who we are and the purpose of the inspection. We will also show you our warrant cards, if an inspection is being made under statutory powers.

We will normally contact you before an inspection to agree a mutually convenient time. Unannounced visits will not normally be made but may sometimes be necessary - for example in a fish disease emergency, when we are investigating a possible offence against the fish and shellfish disease legislation or when we are sampling for veterinary residue testing.

At the end of the inspection we will provide a verbal summary of what we have found and what will happen next.

Visit Reports

Following inspections of all farms and other sites where advice has been given or statutory action may be necessary, we will provide a follow-up letter within 10 working days. This will confirm in writing any points which were raised during the visit and any action which Defra and NAWAD require to be taken. Where the visit was to a registered farm, we will also enclose a copy of the updated farm registration details held on the site.

Import Licences

We will normally deal with import licence applications within 10 working days of receipt. If, for any reason, we cannot meet that target we will inform you within this period of when we will be able to deal with the application.

Movement Documents

We will respond to requests for movement documents, in time for the movement to take place, provided 5 'working days' notice is given.

Notifiable Diseases

We will respond immediately to a notification of the suspected presence of:

  • infectious salmon anaemia (ISA);
  • viral haemorrhagic septicaemia (VHS);
  • infectious haematopoietic necrosis (IHN);
  • Gyrodactylosis caused by G. Salaris;
  • Bonamiosis;
  • Marteiliosis;
  • Haplosporidiosis;
  • Iridovirosis;
  • Mikrocytosis;
  • Perkinsosis.

We will respond to advice of other notifiable diseases within 2 working days.

Reporting of Test Results

We will provide a clear and concise written report on the results of any tests undertaken. Where a notifiable disease is found in the sample, we will, wherever practicable, give you a verbal report within 1 working day of the confirmatory test. This will be confirmed in writing within 5 working days. Where no notifiable disease is found in the sample, this will be confirmed within 5 working days of the full results becoming available.

Fish and Shellfish Farm Registration

We will inspect your, site subject to your availability, within 20 working days of your application being received and will aim to inform you of the outcome within a further 10 working days. If we cannot deal with your application in this period we will let you know why.

Courtesy and Helpfulness

We will be polite, considerate and fair in our dealings with you.

We will always introduce ourselves by name.

We will answer telephone calls promptly: If the person you speak to cannot deal with your enquiry in full, you will be passed to someone who can. If necessary we will call you back.

Consultation and Communication

We maintain regular contact with industry bodies such as the Ornamental Aquatic Trade Association, Ornamental Fish International, the Shellfish Association of Great Britain, the British Trout Association, as well as groups representing wild fishery interests. Decisions about fish and shellfish disease policies will usually be made after consulting relevant bodies and taking into account any views expressed by them, or by individuals.

Enforcement

The Fish Health Inspectorate has adopted the provisions of the central and local government Enforcement Concordat. This commits us to good enforcement policies and procedures based on agreed standards, openness, helpfulness, proportionate action, consistency and a clear complaints procedures. As part of the Fish Health Inspectorate's duties we may be required to take enforcement action. Whenever possible we will advise and assist with compliance of the regulations, explaining clearly what constitutes best practice and what is a legal requirement. In situations where immediate action may be necessary, we will explain why it is necessary and confirm this in writing within 10 working days.

Information and Openness

Currently, requests for information are considered in accordance with the requirements of the Code of Practice on Access to Government Information (Second Edition) and the Environmental Information Regulations (1992).

Proposed new legislation in the form of a Freedom of Information Bill will have implications for the release of information. Requests for information will be treated in accordance with the provisions of the Act when it becomes law.

We aim to ensure that you have a clear understanding of our fish and shellfish disease controls by:

  • providing copies of movement documents;
  • producing explanatory booklets and distributing these free of charge;
  • providing technical information to help you meet the requirements of the legislation including information on disease outbreaks and help in recognising symptoms;
  • making it clear whether we are recommending you to do something or whether you are legally obliged to do so.

Best Value

We are committed to carrying out our duties in an efficient manner so that the costs of compliance are kept to a minimum.

Currently there is no charge for most of our services. Where a charge is to be made, you will be advised of the likely cost to your business before the work is carried out.

If you have a complaint

  • If you have a complaint about the way that we operate or the services that we provide you can tell us by telephone, in writing, by fax, by e-mail or in person. Initially you should contact our customer care telephone help line on 01305 206673/4 who may be able to respond to your problem immediately and we will certainly aim to answer any correspondence within 10 working days of receipt. If your complaint is about the Inspectorate Administration Section you should ask to be passed to the Senior Inspector who will be able to provide an impartial response.

  • If you are not satisfied with the response you can telephone, fax or write to Prof B J Hill, Chief Advisor for Fish and Shellfish Health of the CEFAS Weymouth Laboratory at the address shown above. Your complaint will be fully investigated and you will receive a reply within 15 working days. If this is not possible, Prof Hill or his deputy will write to you explaining why and letting you know when you may expect a response.

  • If you still feel that your complaint has not been fully resolved, you can write to our Complaints Adjudicator, Ms Carol Davis, whose address is:

    Department for Environment, Food and Rural Affairs
    Area 7E
    9 Millbank
    c/o Nobel House
    17 Smith Square,
    London SW1P 3JR
    Fax: 020 7238 6497
    Email: service-standards.adjudicator@defra.gsi.gov.uk

  • Ms Davis plays no part in the management or policy of any Defra Inspectorate thus ensuring her impartiality. She will investigate your complaint and report back to you within 15 working days. If this is not possible she will write to you explaining why and letting you know when you can expect to receive a response.

  • You may ask your Member of Parliament to take up your complaint with the Secretary of State for Environment, Food and Rural Affairs at Defra, Nobel House, 17 Smith Square, London SW1P 3JR.

  • You can also write to your, or any Member of Parliament, and ask for your complaint to be passed to the Parliamentary Commissioner for Administration (the Parliamentary Ombudsman) who is entirely independent of Government.This complaints procedures cannot deal with the policy underlying Fish Health Regulations or legal issues related to enforcement, which are matters outside Inspectorate control. If you have a query or complaint about policy matters you should address it to the head of the relevant Policy Division within Defra or NAWAD.

  • An annual summary of the number of complaints handled under the above procedure, and the average time taken to deal with them, will be prepared at the end of each calendar year. The summarised information will be published annually in Trout News and Shellfish News along with our Charter performance results and are available on request from the FHI at CEFAS Weymouth. These publications are also available on the CEFAS website at www.cefas.co.uk

What we ask of you

You can help us complete our work quickly and efficiently by:

  • during an inspection, allowing us free access to all parts of your site and to your records of mortalities, medicines used and movements to or from the site*;
  • providing information on any other issues which we need to help us carry out the inspection*;
  • making sure that any live fish or shellfish you import from elsewhere in the EU come from an approved, disease free, zone or farm, and can generally satisfy our recognised disease control standards*;
  • giving us the required advance notification of your import*;
  • advising us immediately if you suspect that a notifiable disease is present in your waters*;
  • making any request for a licence or movement document in good time and providing all the necessary information.

*Please note that the fish and shellfish disease legislation requires compliance with these provisions. You can obtain details from the Fish Health Inspectorate at CEFAS Weymouth.

It would also help us if you let us know if you should come across any irregularities. You can contact staff at the CEFAS Weymouth address above or call the CEFAS TELEPHONE HOTLINE on 01305 206681. We will treat any information provided in the strictest confidence and follow up all reports of suspected smuggling or other illegal fish or shellfish movements. The more specific information you can give us, the better.

Implementation and Monitoring

This Charter will be implemented with effect from January 2000 and will be reviewed in January 2002.

We will monitor the effectiveness of our complaints procedures and our performance against the standards in this Charter. The results will be reported to Defra and NAWAD every 3 months and will be published in Shellfish News and Trout News annually. These publications are both available on the CEFAS website at http://www.cefas.co.uk.

In conclusion

The Fish Health Inspectorate has, for many years, aimed to foster a close working relationship with all of those with whom we come into contact. We want this to continue and, in this spirit, hope you will find the information contained in this booklet helpful. Please let us know what you think about the service we provide - if you think it could be better it is important that you tell us and so help us get it right in future.

If you are satisfied with the services we have provided, or wish to praise some exceptional performance, we would be happy to hear from you. Should you have any suggestions about how we can build upon the services we have provided, these will also be welcome.

Department for Environment, Food & Rural Affairs
National Assembly for Wales Agriculture Department

Page last modified: 3 July 2007

Department for Environment, Food and Rural Affairs