About Defra

Plant and Health Seeds Inspectorate complaints procedures

If you have a complaint about the way 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 your local Plant Health and Seeds Inspector (PHSI), 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 your local Senior PHSI. Your complaint will be fully investigated and you will receive a written reply within 15 working days. If this is not possible, the Senior PHSI will write to you explaining why and letting you know when to 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.

Addresses of Senior Plant Health and Seeds Inspectors (SPHSIs)

Plant Health and Seeds; Inspectorate Charter Document and Code of Enforcement

Introduction

The Plant Health & Seeds Inspectorate (PHSI) is a Defra Inspectorate comprising approximately 90 staff including the management team. Inspectors are located at 40 sites throughout England & Wales.

The work of the PHSI is aimed primarily at preventing the entry or spread of serious plant pests and diseases in England & on behalf of the Welsh Assembly, Wales. The Inspectorate also carries out duties in relation to plant and seed certification schemes, the export certification of plant material to meet third country plant health requirements, technical auditing and the enforcement of seeds legislation.

The PHSI's enforcement and monitoring duties relate to Regulations made under the Plant Health Act 1967, the Plant Varieties and Seeds Act 1964, and the European Communities Act 1972. Most of these legal requirements derive from EC legislation. These duties bring PHSI into contact with business in a statutory capacity, and in some situations immediate action may be required to prevent the spread of serious plant pests and diseases.

Duties in relation to the Plant Health Propagation Scheme work, export certification and technical audits are non-statutory.

This booklet describes what you can expect from us, how you can contact us, how you can help us and yourself, and how you can complain if you feel you have been treated unfairly or you think that the level of service has not met the standards stated.

This Code incorporates the provisions of the central and local government Enforcement Concordat which commit us to good enforcement policies and procedures.

What You Can Expect From Us

Policies and Information


In all their duties, the PHSI objective and commitment is to work with you in a manner which is:

  • helpful
  • efficient
  • fair and courteous.

We will identify ourselves by name in all correspondence, on the telephone and in face to face contact. All Inspectors carry identification and business cards and wherever appropriate will also wear name badges.

Free leaflets are available explaining plant health and seed potato classification schemes from your local Plant Health and Seeds Inspectorate office. Defra news releases and plant health newsletters are issued when important changes take place. When serious plant pests and diseases are found further relevant information will be made available. Plant Health information is also available on the Internet.

Details on specific seed certification schemes can be obtained from:

Defra, Seeds Branch, Room 11, White House Lane, Huntingdon Road, Cambridge CB3 0LF.
Tel: 01223 34 2362 2373 and 2374.
Fax: 01223 342386.

Changes to the seed certification schemes are notified in Defra news releases, the Plant Varieties and Seeds Gazette and in the seed certification letters which Seeds Branch sends out to the industry.

Openness

In our contact with you, we will distinguish between statutory requirements and advice on elements of good practice that go beyond those minimum requirements.

Requests for information will be treated in accordance with the provisions of the Freedom of Information Act 2000.

Advice and help

We believe prevention is better than cure and we will actively work with business to advise on and assist with compliance. When a new scheme is introduced we will arrange opportunities, where appropriate, for interested parties to attend awareness meetings and where necessary formal training courses.

Consultation

If you have any views on the service we provide we would be pleased to hear from you. If you think our service could be better it is important that you tell us as this will help us to get it right in the future. You can do this either over the telephone, by fax, email or letter.

In line with Government policy on openness, Defra's Plant Health & Seeds Divisions undertake formal consultation with interested parties on issues likely to have implications for them. Additionally, there is considerable and regular liaison with the major trade organisations representing the industry's interests to ensure that the development of plant health and seeds policy is well-balanced.

Best value

The PHSI are committed to carrying out their duties in an efficient manner so that the cost of compliance with statutory and voluntary scheme requirements is kept to a minimum.

Where charges are made for statutory and voluntary scheme work you will be advised of the likely cost to your business before the work is carried out.

Procedures

Standards

We will always try to answer telephone calls promptly. If the first person you speak to, other than the operator, cannot deal with your enquiry in full, you will be passed to someone who can. If necessary we will call you back. In circumstances where your enquiry appears to fall outside the remit of PHSI and the Department we will attempt to advise on where information may be obtained. If you leave a message on an answering machine we will aim to respond within 1 working day of the message being received.

We will aim to answer all written correspondence from you within 15 working days of receipt. If this proves impossible we will let you know why.

We will keep all appointments - both at our office and at your premises - at the time agreed. If, exceptionally we are forced to cancel or expect to be very late, we will arrange a new appointment at a mutually convenient time.

When requested, we will aim to provide a prompt estimate for the cost of providing an individual chargeable service.

Where appropriate we will endeavour to carry out inspections of crops and plants at the optimum growth stage and timing for the work concerned, following any inspection rules or guidance given in scheme documentation.

Advice from an Inspector will be put clearly and simply and will be confirmed in writing, on request, explaining why any particular action is necessary and over what time-scale. Legal requirements will be distinguished clearly from advice on best practice.

Before formal enforcement action is taken, Inspectors will provide an opportunity to discuss the circumstances of the case and, if possible, resolve points of difference, unless immediate statutory action is required (for example, to prevent the spread of an injurious plant pest or disease).

Where immediate statutory action is considered necessary, an explanation will be given at the time and confirmed in writing in most cases within 5 working days and, in all cases, within 10 working days.

Where there are rights of appeal against formal action, advice on the appeal mechanism will be clearly set out in writing at the time the action is taken (whenever possible this advice will be issued with the enforcement notice).

A summary of the Inspectorate's performance against these standards is available.

Performance

We will consult our users regularly about the quality of the service we provide and results will be published on the Defra website and made available in the Defra library.

How you can help us and yourself

Report to us promptly if you suspect the presence of a notifiable pest or disease on your premises.

Read the scheme leaflets and ask us for guidance if you are not clear what you have to do.

Complete all forms fully, accurately and legibly.

Return the scheme forms by the closing date.

Keep full and accurate records where required by plant health and seeds and certification regulations.

Provide, where appropriate, good descriptions of crop locations and plant growth to PHSI to facilitate effective work planning.

How to contact us

Click here for a list of Senior Plant Health & Seed Inspectors locations, telephone and fax numbers.

Complaints

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 email or in person. Initially you should contact your local Plant Health & Seed Inspector, 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, email or write to your Senior Plant Health & Seed Inspector. Your complaint will be fully investigated. If you do not receive a reply within 15 working days, the Senior Plant Health & Seed Inspector will write to you explaining why and letting you know when to expect a response.

If you still feel that your complaint has not been fully resolved, you can write to our Complaints Adjudicator, Ms Beryl Condra, 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 Condra 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.

If you are not satisfied with the Adjudicator's decision 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 SW10 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. The Parliamentary Ombudsman is Ms Ann Abraham, Parliamentary Commissioner for Administration, Millbank Tower, Millbank, London SW1P 4QP. Telephone 020 7217 3000.

This complaints procedures cannot deal with concern about the policy underlying Plant Health and Seeds 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 either the head of Plant Health Division or the head of Plant Variety Rights Office and Seeds Division as appropriate at the address below.

Plant Health Division
R351 Foss House
King's Pool
1-2 Peasholme Green
York
YO1 7PX		 Plant Variety Rights Office and Seeds Division
White House Lane
Huntingdon Road
Cambridge
CB3 OLF

An acknowledgement will be sent within 10 working days of receipt informing you that your complaint is being dealt with. A full reply will follow within 15 working days of receipt or you will be advised of any delay.

Page last modified: 3 July 2007

Department for Environment, Food and Rural Affairs