CIEH EHN February 2023

Page 16

HOW COLD, DAMP AND MOULD ARE CREATING A WINTER HOUSING CRISIS

THE MAGAZINE FOR CIEH MEMBERS www.cieh.org February 2023 Volume 37 Issue 9 WHAT’S IN STORE FOR EH? CIEH’s Year Ahead conference FEARS OVER WORKERS’ RIGHTS Spotlight on Retained EU Law Bill TOPJOB Food/Health & Safety Auditors • NSF International • Competitive P27
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ENVIRONMENTAL HEALTH NEWS

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04 UPDATE

News ‘Leaky walls’ costing households; number of wild swimmers getting ill doubles; report shows value of lone trees; could gene-edited hens be coming to UK farms?

FEATURES

08 YEAR AHEAD CONFERENCE

EH professionals tackle the challenges facing the profession around workforce, regulation and the FSA at CIEH’s

19

32

GO ONLINE

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CONTENTS FEBRUARY 2023 32 20
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Year Ahead conference
BIG CHALLENGES FACING EHPS THIS YEAR 08
ILLEGAL PUPPY FARM PROSECUTED
14 DYING TO STAY WARM EHN gathers EH and housing experts for a roundtable on the ramifications of the Awaab Ishak case, and the opportunity to push for policy, regulatory and structural change THREE
OPERATORS OF AN
EVERY ISSUE
LEGAL BRIEFING Implications of the Retained EU Law Bill
20 PROSECUTIONS Meat trader to pay back ill-gotten gains, and illegal puppy farm duo ordered to pay £150k
of
23 YOUR CAREER CIEH marks two decades
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TALES FROM THE FRONT LINE
Matt O’Donnell went from local authority EHP to running his own pest control business
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WHO’S INSIDE

New year – new challenges ahead

IHOPE IT’S NOT YET too late to wish you all a happy New Year. For many EH practitioners, however, the professional resolutions we often make at this time of year – to carve out more ‘me’ time, to think more strategically, to focus on our development and so on – will probably already have gone the way of the fitness and healthy eating pledges we also optimistically tend to make.

More immediately, the health and environmental health consequences of what, for many, will have been a brutal winter in unheated houses is likely to be – and needs to be – an important talking point for EH professionals in the coming months.

GRAEMEMITCHELL

“How

“When tenants are struggling with their heating bills we are going to see more cases like Awaab Ishak.”

As CIEH vice president Janet Russell made clear in our Year Ahead conference in December (reviewed from page 8) EH faces an array of challenges in 2023, many of them – such as skills and capacity shortages – grimly familiar. The progress (or not) of the UK government’s Retained EU Law (Reform and Revocation) Bill is also looking like it will be a key battleground this year.

Looking into the future, the profession will need to begin scoping out the likely ramifications for the profession of a possible change of government, should we have a general election next year.

As our expert panel unpicks the implications of Awaab Ishak case on page 14, it becomes clear that although his case pre-dated the current energy crisis, the fact that millions are struggling with heating bills this winter, shivering in cold, damp conditions – and possibly cutting corners on food too – could bring with it significant challenges for EH down the line.

One way or another, the burden on EH, in both the public and private sector, looks set to continue during 2023. Professionally and personally, CIEH will be there to support you all the way.

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PAGE 8
do we become more visible? How do we get the public to know and appreciate what we’re doing?”
PAGE 14
WELCOME FEBRUARY 2023 ALAMY
The impact of fuel poverty is just one of the challenges facing EH practitioners in the coming year

‘Leaky walls’ costing households and hampering net zero

Nine million homes in England have ‘leaky walls’, representing a major barrier to the net-zero transition

CCORDING

Ato a report by the Resolution Foundation, 40% of England’s housing stock has walls rated poor or very poor.

The problem is worse in large cities like London, where 46% of homes have poor-quality walls, and in the 9,000 energy crisis hotspots identified by Friends of the Earth (FoE) research.

Homes in these communities, where energy usage is high and income is below average, lack basic insulation and these families are most at risk of falling into financial hardship because of unaffordable energy costs.

A third of England’s homes pre-date 1946 and typically

have no cavity between the inner and outer walls, making them expensive to insulate. Poorly insulated homes cost around £350 more to heat, but with improvements costing roughly £8,000, there’s no financial incentive for homeowners or landlords.

Previous approaches, such as cheap loans, failed to deliver, so the Resolution Foundation has proposed a more radical stance. This is to improve energy efficiency by combining targeted financial support for those unable to afford home

improvements, with a hard deadline for all homes to be EPC C-rated by 2035.

“A new carrot-and-stick approach is needed to ensure England’s nine million leaky homes are upgraded,” said Jonny Marshall, senior economist at the foundation.

“Mandating that all homes must be energy efficient by 2035 can spur homeowners and landlords into action, while a new means test could help around half of households with at least some of the costs of the upgrades,

and all of the costs for those with the lowest means,” he added.

FoE echoed the foundation’s proposal last August, urging the government to commit £15bn to a programme of free insulation that could save households £490-£720 annually.

The government’s £1bn ECO+ scheme, launched in November, offers grants for low-cost measures such as loft and cavity wall insulation to in-need households, and builds on the current ECO scheme, targeting those in social housing, on a low-income or in fuel poverty.

But National Energy Action (NEA) has estimated that one in three households could be in fuel poverty this winter.

WWW.CIEH.ORG
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Poorly insulated homes cost around £350 more to heat per year, leaving an estimated one in three households in fuel poverty this winter UPDATE FEBRUARY 2023 Follow us on Twitter
4 ENVIRONMENTAL HEALTH NEWS / FEBRUARY 2023 NEWS YOU CAN USE 0
“Mandating that all homes must be energy efficient by 2035 can spur homeowners and landlords into action”

INEFFICIENT HOUSING –THE FACTS

45% Estimated percentage of privately rented homes in England with no cavity walls, making insulation difficult and costly, according to the National Residential Landlords Association.

59%

Percentage of homes in England that are energy inefficient (EPC rated D or below), according to the Resolution Foundation. Wales is even worse (at 65%), followed by Scotland (55%) and Northern Ireland (51%).

20%

Percentage of housing stock in England with an inefficient roof.

£8,000

Average cost of wall insulation (but it can take 18 years to recoup upfront costs).

Number of swimmers becoming ill doubles

Survey reveals growing concerns about the UK’s marine environment

MORE THAN half of people who have tried wild swimming or water sports in the UK have experienced sickness afterwards, according to the latest water quality report from charity Surfers Against Sewage (SAS).

Swimming in contaminated water has been found to increase the risk of gastroenteritis as well as sinus infections, skin rashes and conjunctivitis. SAS data shows that in the year to 30 September 2022, 720 water users reported getting ill after entering the water – more than double the reports it received in 2020/21.

The SAS report follows a survey of 12,000 people, in which more than half expressed concern about our marine environment. This was published in November 2022 by Defra in collaboration with the Ocean Conservation Trust, the Scottish Government and Natural Resources Wales.

Lord Benyon, minister for biosecurity, marine and rural affairs, said the survey highlighted the “immense

HEALTH

value” the general public places on our marine environment.

“As a government we are determined to continue to build on the protective measures we already have in place in our Marine Protected Areas, alongside introducing further restrictions on single-use plastic,” he said.

Nicola Bridge, head of advocacy and engagement at the Ocean Conservation Trust, agreed the survey results would be an “important tool” in shaping public engagement and education programmes. “It is a

great baseline for us to work from,” she said.

However, Amy Slack, head of campaigns and policy at SAS, was underwhelmed by the rhetoric. “The UK public has made clear its disgust at what’s happening to our rivers and seas, and yet water companies continue to pollute at will,” she said.

“It’s time the government took real action to curb the destructive and selfish behaviour of the water companies responsible for this literal shit storm,” Slack added.

GOVERNMENT ANNOUNCES RAPID REVIEW OF LANDLORD GUIDANCE

New guidance on the health risks of unheated homes is due to be published this summer

Ministers have announced a rapid review of guidance to landlords about the health risks from damp and mould, following the death of two-yearold Awaab Ishak. The guidance will be published by summer.

Mark Hope, CIEH senior policy and public affairs executive, said while CIEH welcomed the review, issues relating to poor

housing conditions cannot just be addressed through more legislation and guidance.

“This tragic case illustrates the need for more awareness and better resourcing of the crucial role played by EH professionals in tackling poor housing

conditions in all types of tenure, and thereby saving lives.”

Separately, with many millions in unheated –and possibly damp and mouldy – houses this winter, research from Oxford University’s Environmental Change Institute has highlighted the links

between indoor temperatures and health complications. While 18-21°C is the ideal, a drop to 12-16°C brings a heightened risk of respiratory diseases, 9-12°C a risk of strokes and heart attacks, and under 9°C a risk of hypothermia, it warned.

l See page 14 for more on fuel poverty and poor housing

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FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 5 SHUTTERSTOCK
DATA
WATER POLLUTION IS IMPACTING SWIMMERS’
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Awaab Ishak

GENE EDITING COULD STOP THE CULLING OF YOUNG MALE CHICKS

Could gene-edited hens be coming to UK farms?

Scientists’ work with gene-edited hens marks an important development for animal welfare

SCIENTISTS in Israel are pioneering the use of gene editing that results in hens laying eggs from which only female chicks hatch – an advance that could be used in UK chicken farming.

The move would mean the egg-producing industry would no longer need to cull as many as seven billion healthy male chicks shortly after hatching.

Researchers from the Agricultural Research Organization at the Volcani Center in Rishon LeZion, Israel, developed the new gene

editing approach. The researchers used a process called CRISPR – genetic ‘scissors’ that remove specific sections of DNA to create a female with a gene-edited Z chromosome (WZ*).

Female chicks contain W and Z chromosomes (WZ), while males contain two Z (ZZ). The Z* chromosome prevents male embryos from developing when blue light is shone on a female’s fertilised eggs. Female embryos are unaffected by this.

UK-based animal welfare organisation Compassion in World Farming collaborated

on the work and said the breakthrough potentially represents an important development for animal welfare.

The next step is to see if the hens and their offspring lay eggs suitable for human consumption, and proceed through the commercial life cycle without any unexpected welfare issues.

Gene editing, also called ‘precision breeding’, is not currently permitted in the UK. However, the Genetic Technology (Precision Breeding) Bill passing through Parliament would ease

regulations. It would allow its use in commercial farming, where genetic changes might occur naturally or through traditional breeding methods.

Critics argue gene editing could worsen the negative effects of industrial farming.

Jo Lewis, policy director at the Soil Association, said the bill suggests the government is “casting about for silver bullets” and prioritising unpopular technologies rather than focusing on real issues, such as lack of crop diversity and the decline in beneficial insects who eliminate pests.

EMPOWERING THE VULNERABLE TO BE INDEPENDENT

A campaign has been launched to help thousands of people with additional needs to live independently and safely in their own homes.

The ‘We Are vulnerAble’ campaign is being supported by a range of bodies, including the National Residential Landlords Association and

estate agents’ body Propertymark, among others.

At the heart of the We Are vulnerAble campaign is an accessible, online hub where information, checklists and personal stories have been brought together to inspire and enable independent living at home for more people.

The hub also has access to the Priority Services Register (PSR). PSR offers free help to those with additional needs if something goes wrong with their utility services.

l EHPs can find out more about the campaign at weareable.uk

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Report shows value of lone trees in improving EH

Research has highlighted the value of individual trees in tackling air quality, climate change and noise pollution

THE ECONOMIC value of the UK’s individual trees

– £3.8bn – has been calculated in a new report from Forest Research, the research agency of the Forestry Commission, and Defra.

The figure has taken into account the role of trees outside woodlands in tackling air quality, helping to mitigate climate change, slowing the flow of rainwater and damping down noise.

If combined, the UK’s lone trees would cover a total of 750,000 hectares and together they make up a fifth of all the nation’s trees, the study has calculated.

Kieron Doick, head of the Urban Forest Research Group within Forest Research, said: “These trees are all around us: in our gardens, along our roads, in parks and green spaces. Understanding their value can help make sure councils and landowners invest in the planting of more trees.”

Adam Cormack at the Woodland Trust added that

the research showed the “extraordinary financial value” of these trees, which should be worthy of the highest level of protection. “Yet, we know this isn’t the case,” he also warned.

“For example, eastern England has lost 50% of its large trees in the past 150 years.”

Environmental journalist Tim Smedley, author of

Clearing the Air: The Beginning and the End of Air Pollution, agreed the report added “helpful numbers to what we all intuitively know”. He said: “A previous report found that a single tree reduces the PM2.5 concentrations behind it by 15%. So, it’s fascinating to see what that looks like at scale, removing

CIEH LAUNCHES CLIMATE CHANGE ‘HUB’

With EH professionals increasingly recognised as having a vital role in tackling the effects of climate change within local communities, CIEH has developed a new climate change resource ‘hub’.

The hub brings together the institute’s campaigning and policy work, blogs and resources

into a single online space.

CIEH also intends to use the hub to help promote how the profession can best channel its expertise to advocate for change and address the climate emergency.

In CIEH’s recent climate change survey, more than three-quarters (77%) of

billions of tonnes – and billions of pounds sterling – of not just PM2.5, but other combustion pollutants, including NOx and SO2.”

Daniel Baker, an acoustics expert and director of Broodbakker Acoustic Consultants, said the presence of trees and foliage had multiple acoustic benefits for environmental health.

“Even small tree belts and/or foliage between residential gardens and industrial/commercial premises may provide indirect benefits such as visual screening, even where the measurable acoustic benefit (attenuation) using a sound-level meter may be negligible.

“A 1dB noise reduction would not be perceptible to anyone, but it forms part of a wider positive state of affairs and benefit to the community,” he added.

Forestry minister Trudy Harrison highlighted that the government is committed to trebling tree planting rates in England by 2024. “By quantifying the significant value of trees, this research will help to incentivise planting in our communities across our country,” she added.

respondents agreed or strongly agreed that the current climate emergency is one of the most significant environmental health challenges of our time.

l Find out more by visiting www.cieh.org/policy/ campaigns/climate-change

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“By quantifying the value of trees, this research will help to incentivise planting in our communities”
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Lone trees add ‘extraordinary financial value’

FROM AUSTERITY through to Covid-19 and now the fallout from the cost of living crisis, working within environmental health can feel like being in a permanent emergency planning exercise – one where every time you think you’ve finally got on top of things, another crisis suddenly comes along.

So argued Janet Russell, CIEH vice president, as she opened CIEH’s Year Ahead conference in December. “Last year we were probably looking forward to

coming out of Covid completely and getting back to normal. But sadly, ‘normal’ doesn’t seem to appear,” she said.

The two-day virtual conference, held in partnership with the Chartered Trading Standards Institute (CTSI), included discussions on protecting communities from product-related harm, the government’s Renters Reform Bill, health inequalities and levelling up, and an update on the new post-EU exit Target Operating Model for ports, among other presentations.

As we show over the next four pages, it also tackled some of the future challenges facing the profession around workforce,

LOOKING AHEAD

regulation, and the role and impact of the Food Standards Agency.

Russell highlighted how, with a general election likely (if not certain) in 2024, the profession will need to prepare itself for a possible change of government. More widely, EHPs will need to consider how global warming and climate change is and will be affecting EH in the future.

“Now is the time when professional bodies can start getting under the skin of political parties and civil servants to inform and shape their policies going forward, and I think there is real scope here, but capacity could be an issue,” she said.

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EH professionals tackled the challenges facing the profession at CIEH’s Year Ahead conference
PATON

WORKFORCE NO ‘SILVER BULLET’ TO SHORTAGES

here is no ‘silver bullet’ to resolving EH’s workforce crisis – but getting better at targeting and attracting three key cohorts of people will help the profession, a leading academic told the conference.

Graeme Mitchell, programme lead for Liverpool John Moores University’s BSc in environmental health, conceded that a combination of funding cuts, austerity and an ageing workforce, had led to “a critical time” for the profession.

“Visibility is the core we need to address for all our professions. How do we become more visible? How do we get the public to know and appreciate what we’re doing? We’re really good at what we do. We’re all problem-solvers; we get on with the job and we’ve done that for generations,” he said.

“But we need to be better at giving that message to the public, to councillors and to other organisations about how important we are and the good we do,” Mitchell argued. It is also important to recognise that the responsibility for increasing visibility lies with the whole profession – CIEH, universities, employers and EHPs on the ground – he emphasised.

“If we can become more visible, if we can raise ourselves up the consciousness of the public, then that ties in to getting more people interested in our profession, which then will result in more people applying for university or training courses, or applying for jobs. That’s the key,” Mitchell said.

Within this, he identified three key groups of people the profession needed to become more successful at attracting: career changers, and what he termed ‘fallers in’ and ‘first choicers’. Career changers are those keen to switch to a new career. For example, people who have worked in catering are often keen to move over to EH because their skills and knowledge can overlap, yet the hours, intensity and physicality can be less, and the pay more.

‘Fallers in’, as the name suggests, are people who don’t originally choose to go into EH but end up within, or potentially interested in, the profession. If, at that point of career inflection, EH could ensure it was more visible, that could help fill the pool of vacant posts.

‘First choicers’ are school leavers who decide on EH straight away, either as a university choice or an apprenticeship.

“This is the big area for us to expand upon. This is the long-term goal; to make our profession the first choice for people coming out of school,” said Mitchell.

However, he added: “There is no silver bullet. There isn’t a pool of EHOs/trading standards officers out there who we can draw upon and get 10,000 people suddenly appearing. It is a long-term thing.

“To talk about the profession, we have to get into schools. Not just when people are making [career] choices. If we want people to be picking our profession as a first choice, we need to get in as early as we can and keep reinforcing that message.

“Increasing visibility not only improves the profession but gives us the wider opportunity of inclusion. And if we can get more people reflecting their communities going into EH, trading standards and licensing, that’s the way forward,” Mitchell added in conclusion.

NEED TO KNOW

l The profession needs to be better at attracting, and retaining, career changers, ‘fallers in’ and ‘first choicers’.

l EH needs to be more visible and get better at showing what it does.

l There are no easy answers to the workforce crisis, but targeting schools and widening inclusion would also help.

FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 9 Year Ahead SHUTTERSTOCK WWW.CIEH.ORG
“Increasing visibility not only improves the profession but gives us the wider opportunity of inclusion”
T© 0
GRAEME MITCHELL

INCE ITS LAUNCH MORE than 20 years ago, the British Lion Quality Code of Practice continues to ensure that eggs and egg products in the UK are produced to the highest standards of food safety. The Lion mark also gives confidence in quality, authenticity, provenance, and animal welfare, as well as providing the highest standards ofbiosecurity. The eggs have a best-before-date on the shell too.

The British Lion was introduced following the scare over Salmonella in eggs in 1988, to restore consumer confidence and eradicate Salmonella from the UK egg supply chain. It has the highest standards of food safety and it consolidates the latest, best scientific, veterinary and food safety advice. In my experience it is the UK's most successful food safety scheme. Since it was launched in 1998, more than 200bn British Lion eggs have been sold; and more than 90% of UK eggs are now produced under the scheme.

The Food Standards Agency have said British Lion eggs can be eaten runny by vulnerable groups, who include pregnant women, infants and the elderly. In 2014, the European Food Safety Authority published a report on UK egg production, covered by the British Lion scheme, commenting that it is among the safest in the world.

The Code of Practice is always adapting and a new version 8 is due to launch imminently. The Code is independently audited and has stringent world-leading

QUALITY ASSURANCE

standards. It covers more than 700 different audit points across the whole egg supply chain. It is not just laying farms; it includes hatcheries, breeding flocks, rearing flocks and the packing centres where the eggs are graded, as well as supporting areas such as the feed mills.

The Code guarantees all eggs are British and that the hens are vaccinated against Salmonella Enteritidis and Salmonella Typhimurium. It also has a registration passport system ensuring complete traceability, increased hygiene controls including Salmonella swabbing on the farm, cool chain from farm to packing centre to retailer, best-before-date and Lion on each egg. It is backed up by a consumer awareness campaign.

There is a separate Lion Code for egg products, such as liquid egg, which must be made from Lion eggs. With egg products there is a misassumption that because they are pasteurised they must be safe. While pasteurisation kills Salmonella it doesn't work for everything, for example feed contamination. There is a significant risk with processed egg whites, in particular, which need to be treated at lower temperatures to maintain functionality.

As a past retailer and food manufacturer I always insisted on British Lion eggs to give me the confidence that my organisation and customers were looking for. When carrying out inspections, like many fellow EHPs, I include the use of the Lion mark in my risk assessment. If the eggs are not covered by the Code of Practice then I will look into the HACCPsystem to see how the chemical (there have been recent safety incidents in Europe, including Fipronil) and microbiological hazards are being controlled. Incidents of Salmonella are still seen in Europe, which has just had its largest outbreak from eggs. At the time of

writing there are incidents being investigated in Sweden, Italy and Spain. Specifying that only Lion eggs can be used in a food business's food safety management system can also support a good food hygiene rating, giving consumers an additional reason to purchase. Consumer awareness of the Lion is more than 80%. We've recently seen egg shortages. Retailers put this down to supply challenges brought about by avian flu. However, the key reasons have been the significant increases in the cost of production not being reflected in increased returns to producers who have been losing money on every egg they produce, plus the transition away from enriched colony cages to meet retailers' 'cage-free' commitments. Losses due to avian flu have compounded the supply situation. As a result we ended up importing shell eggs and egg products that are not produced to the same standards as British Lion. A joint report from the Food Standards Agency and Food Standards Scotland last year backed this up, highlighting "significant" food quality risks from the import of certain foods products, including eggs and that current import controls were not sufficient.

The British Lion mark gives businesses and enforcement officers confidence that the eggs are safe, even if lightly cooked or raw. The easiest way to demonstrate due diligence is by looking for the Lion mark because it is one of the most comprehensive food safety schemes in the world and has been proved to work.

BritishEgg Information Service: info@britegg.co.uk

AdvertisingFeature
®
10 ENVIRONMENTAL HEALTH NEWS/ FEBRUARY 2023
The BritishLionQualityCodeof Practice continuesto ensurethat eggsand egg productsin the UKare producedto the higheststandardsof food safety

REGULATION IS‘OUTCOMES-BASED COMPLIANCE’ THEANSWER?

Inspection followed by enforcement is unlikely to disappear as a regulatory model for environmental health, but Professor Chris Hodges, emeritus professor of justice systems at Oxford University, argued we could be moving into an era of more collaborative regulatory approaches.

Professor Hodges, who is also chair of the government’s Regulatory Horizons Council, highlighted how researchers are making the case for more ‘open’ enforcement approaches – ones that look at behavioural and social psychology, and organisational and cultural factors alongside the role of deterrents, fines and individual responsibility.

“There is now a very considerable body of academic research into the science of how people behave. Organisations involve human behaviour; regulation involves human behaviour,” he pointed out.

“What is emerging in a whole sequence of policy papers over the past year or so is a new buzzword. We have talked about ‘better regulation’, ‘smart regulation’ and ‘agile regulation’. We’re now talking about ‘outcome-based regulation’,” he said.

This is an approach that has become common within the airline industry, Professor Hodges highlighted, and one based around a greater focus on the result you want from any regulation, rather than simply prescribing a specific process or action that must be followed.

Combine this with more collaborative working models, especially between, for example, local government and healthcare, and you can emerge with a model of what Professor Hodges described as “outcomebased cooperative regulation”.

He added: “The key point here, perhaps conceptually, is that the legal model of regulation – making rules, inspecting and identifying breaches, imposing sanctions, but then assuming sanctions will deter and achieve compliance – is usually not reliable.

“Some highly effective regulators, such as aviation and nuclear safety, have

been behaving differently, relying on cooperative culture.

“Of course, you need to make rules. Of course you need to inspect and identify breaches – or someone does. But maybe one can do this better with a collaborative approach and with IT approaches? Of course, there need to be consequences. But is it ‘sanctions’ in the traditional enforcement approach?”

If what you’re doing in EH is protecting society from criminals, then the short answer is probably ‘yes’, Professor Hodges pointed out. But in other scenarios or contexts other approaches or models could also work.

“If one is dealing with businesses where one needs to improve their performance, then different approaches work. So, it becomes more complex and one needs more tools in the box. “The simple idea, therefore, behind outcome-based cooperative regulation is that humans always achieve more when we cooperate,” he said.

“The basis of the model is we need to work out what we are trying to do – in other words agree all the purposes and outcomes. Are we producing harm or good

outcomes? Let’s measure that. Usually, regulators and enforcers measure outputs, in other words numbers of inspections, guidance documents produced, fines imposed, prosecutions and so on. Those aren’t outcomes.

“A lot of the words, a lot of the language, a lot of the concepts, a lot of the ways we work I think are changing quite considerably. And it is not just with high-tech, innovative stuff; I believe this is coming to streets near you, now.

“It is exciting because the point is it improves how we operate, it improves the outcomes we get either as regulators or in terms of helping businesses to do better, and that’s what we need as a country just at the moment,” argued Professor Hodges.

NEED TO KNOW

l Regulation and enforcement based around deterrents and fines may not be the only way for EH.

l More collaborative, behavioural-based approaches may also have merit in some circumstances.

l An ‘outcomes-based cooperative regulation’ model could be one way forward.

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“The simple idea behind outcome-based cooperative regulation is that humans always achieve more when we cooperate”
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CHRIS HODGES

(j ,,,.. Ulster University

The Environmental Health team at Ulster University offers the

PRACTICALFOODINSPECTIONCOURSE ANDCIEHPRACTICALFOODEXAMINATION

This course explores food inspection skills including: identification of foodstuff, hazards associated with specific foodstuff and their controls, judgment offitness for human consumption of specimens, intervention (including legislative tools) to safeguard public health and consumer protection.

This is a practical hands-on course covering a wide range of foodstuff including red meat, poultry, game, fish, shellfish, nuts, pulses, fruit and vegetables. Successful completion provides evidence that you are suitably qualified to inspect, seize and detain food and awards the CIEH accredited Practical Food Examination.

It is intended for career progression of environmental health practitioners working within the food industry, food enforcement or for environmental health students embarking in a career in this field.

Dates in June 2023 at Ulster University Belfast Campus

Contact us at m.vaganaymiller@ulster.ac.uk

For more information check: www.ulster.ac.uk/courses/202223 practical-food-inspection-33846

Northern Ireland, Republic of Ireland and EUSettlements Status Fees:The cost of the coursefor NI residents - £385.80. The cost of the coursefor GB residents - £770.80. Fees are correct at the time of publishing - www.ulster.ac. uklftnancelstudentl

tuition-fees-rates

'

CharteredInstituteof

Accredited by CIEH (exam only) Environmental Health

Contact Finders for further details or to refer a case, quoting the reference: EHN2023

Food Standards Agency chief executive Emily Miles told the Year Ahead conference that she fully recognised that EHPs and trading standards officers in the public sector continue to experience “significant” pressure, stress and even hostility.

For those working in the private sector, “ever-more volatile” supply chains are a growing issue, she pointed out.

Miles also noted ongoing concerns about the government’s Retained EU Law (Reform and Revocation) Bill, including warnings by FSA chair Susan Jebb that simply ‘sunsetting’ laws for which the FSA is responsible could risk a decline in food standards and impact public health.

“The FSA needs to work through more than 150 pieces of retained EU law very quickly and advise ministers what rules need to be incorporated within our domestic legislation. As well as public health considerations, we need to consider the impact on international trade and from potential divergence of regulation across the UK,” Miles said.

“We also see opportunities to reform current legislation and certainly have ideas on where we can make improvements. But they must be done with time to consult stakeholders, those who have to operate the laws like yourselves, and the food industry – and to work across the four

NEED TO KNOW

l EH remains under ‘significant’ pressure, the FSA has recognised.

l There is still work to do on the food safety implications of the Retained EU Law (Reform and Revocation) Bill.

l 2023 is the 10th anniversary of the 2013 horsemeat crisis, and the complexity of global supply chains means there’s no guarantee a crisis like it won’t happen again.

nations of the UK,” she cautioned. Looking back at 2022, Miles highlighted the launch last March of the FSA’s five-year strategy and the publication in June, with Food Standards Scotland, of the first annual report on food standards. Despite the challenges posed by the UK’s departure from the European Union, the pandemic and now the war in Ukraine, “the report found that food standards in the UK have largely been maintained”, she said.

Miles also highlighted that this year will be the 10th anniversary of the 2013 horsemeat crisis. “The cost was not just financial but reputational. An obvious question is whether today we are more or less susceptible to another similar food authenticity crisis or food fraud issue?

“Given the scale of the food industry

and the complexity of its global supply chains you’re all having to deal with, unfortunately you can’t rule out another incident similar to the horsemeat crisis happening again. But thanks to the lessons learned from the incident we have more lines of defence in place now, both across the food industry and in the FSA,” she said.

These lines of defence include the National Food Crime Unit, which now has a team of 86 people, and more investment in sampling, she pointed out.

Finally, Miles highlighted how the FSA’s Achieving Business Compliance programme has completed and evaluated pilots in England and Northern Ireland. These have tested a new risk-based model for food standards, targeting interventions at the key parts of the supply chain where they can have the greatest impact.

“We’ve also worked with the UK’s 10 largest retailers to test regulating at business level, and at enterprise level, and are developing our understanding of assurance for online food sales. Those are works in progress and I am pleased we are progressing them,” she added.

FIND OUT MORE

Both days of the CIEH Year Ahead conference are available to view on the CTSI’s YouTube channel.

Scan the QR

WWW.CIEH.ORG Year Ahead FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 13
“Today, are we more or less susceptible to a food authenticity crisis or food fraud issue?”
EMILY MILES
SHUTTERSTOCK 0
FSAWORKTOBEDONEON‘SUNSETTING’BILL

DYING TO STAY WARM

In the wake of the Awaab Ishak case, EHN got experts round the table to assess its ramifications for EH, especially as millions freeze this winter in unheated, mouldy homes

WWW.CIEH.ORG 14 ENVIRONMENTAL HEALTH NEWS / FEBRUARY 2023

IN THE DECEMBER edition of EHN, Torben Wood, environmental health officer with East Suffolk Council, said that EHPs need to “up our game” in the wake of the tragic case of two-year-old Awaab Ishak.

Coroner Joanne Kearsley ruled in November 2022 that Awaab had died in December 2020 from a respiratory condition caused by prolonged exposure to mould in his family’s housing association flat. This was despite numerous complaints by the family to their housing association, Rochdale Boroughwide Housing.

The case is already generating change, with ministers last month announcing that guidance to landlords in England over mould and damp health risks will now be reviewed by the summer (as we report on our Update pages).

With Torben Wood’s call ringing in our ears, however, EHN in December (before the government response) brought together an expert panel to consider some of the wider ramifications of the case for environmental health.

Our panel comprised Dr Henry Dawson, senior lecturer in housing and health at Cardiff Metropolitan University; Dr Jill Stewart, senior lecturer in environmental health and housing at Middlesex University London; and Ellis Turner, senior lecturer in environmental health at the University of the West of England. All are members of CIEH’s Housing Advisory Panel.

For Turner, the Awaab Ishak case was another tragedy in a continuum stretching back to the Grenfell Tower disaster in 2017 and subsequent inquiry, and the case of nine-year-old Ella Kissi-Debrah, whose death in 2013 was ruled by a coroner in 2020 to have been caused by air pollution.

“This inquest is the third in 12 to 18 months where a preventable death of a child of ethnicity occurred, where a child

9.02 million

Estimated number of adults with pre-existing serious health conditions who spent Christmas in cold and damp homes, according to the Warm this Winter campaign.

NEED TO KNOW

l Environmental health was conspicuous by its absence in the tragic case of Awaab Ishak (below).

l The intense capacity and resourcing pressures the profession is under means things are only likely to get worse.

l The fact millions are shivering in cold and damp houses during this winter’s cost of living crisis is potentially storing up huge EH and public health problems for the future.

died by hazard, and where we had a sphere of influence within environmental health. It makes me really sad,” he said.

SYSTEMIC FAILURES

It wasn’t just about failings by housing associations, Turner emphasised. It was also about systemic failures around our housing stock and its management, local and national government policy, enforcement and regulation, and even more broadly, the UK’s structural ethnic, health and socio-economic inequalities.

“It is hard to have a discussion about conditions without talking about supply,” Turner pointed out. “Fundamentally, there is a housing supply issue here. We have lots of old and cold housing – much of it not built for cold weather.”

“These things are being repeatedly brought to light,” agreed Dr Dawson. “One of the things I did find startling reading about the case was the lack of a role for environmental health – it was all between the tenant and the housing association. From what I can see, environmental health was never even notified.

IN NUMBERS

4.75 million

Number who felt their health conditions were being made worse by cold and damp, yet were also unable to afford to heat their homes to a safe standard.

3 million

Number of households that the UK Health Security Agency estimated were unable to heat their homes, even during December’s big freeze.

“That, to me, spoke volumes of the awareness of the legislation by tenants. Tenants are confused by the law, and very often unaware of the legislation that protects them. For example, had they spoken to their local environmental health department, who would have had powers to intervene through the Housing, Health and Safety Rating System (HHSRS), then an end date would have been placed on resolving the problem, and Awaab Ishak would still be with us today,” he said.

Nevertheless, high-profile cases can provide the profession with an opportunity to push for policy, regulatory and structural change, Dr Dawson argued. For example, the value of perhaps moving to a pay-per-inspection approach.

“If we wanteed to take an interest and inspect a dwelling, we could charge the landlord for the cost of that inspection, providing a regulatory approach that doesn’t rely on the public body – the public, the taxpayers – to fund the regulation. It relies on the people being regulated to fund their own regulation,” Dr Dawson pointed out.

FRAGMENTATION OF HOUSING

Another issue this case highlighted is how the long-term fragmentation of the private rented sector has made regulation and enforcement much more challenging for over-stretched and hard-pressed EHPs, Dr Stewart argued.

“Many of these households would traditionally have been in social housing and would therefore have had a housing manager. It wasn’t always perfect, but at least they had someone to go to,” she said.

“In EH we need to show we understand about the whole social determinants of health, not just about an individual house and the response. In the past, EH used to be a lot more feisty; now it feels that it is almost neutral as a profession.

“We have some amazing colleagues but also some disheartened

8,500

Number of people who died during the winter of 2019-2020 because they were living in cold homes, according to the charity National Energy Action.

30% Percentage increase in complaints year on year to the Housing Ombudsman about damp, mould and leaks in social housing, according to Sky News.

FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 15 Housing roundtable
SHUTTERSTOCK WWW.CIEH.ORG

BALANCING ACT

WITH VARYING INFLATION, a fragile economy, and a government battling with the cost-of-living crisis, 2023 looks set to be another difficult year for local authorities across the UK.

‘Doing more with less’ will, once again be the mantra. However, this is going to be harder and riskier than it sounds.

‘Heating versus eating’ is placing a huge strain on families and individuals, many of whom are facing financial difficulties and having to seek help for the first time.

For local authorities, this means stretching already tight (or non-existent) budgets and using the limited resources at their disposal in the most efficient way possible. This is where smart cloud technology, better automation and improved data management can make a real difference. The right tools to leverage this data will also be critical.

HEATING HOMES SAFELY AND AFFORDABLY THIS WINTER

With energy bills skyrocketing, more people are looking for alternatives to heat their homes. The national charity Electrical Safety First found that around eight per cent of the population ( 4.3 million) are shunning central heating in favour of electrical heaters. Councils must safeguard citizens, so they know how to use electric heaters and other alternative forms of heating safely and ensure that they only buy from reputable sellers.

Appliance safety is just one of the challenges facing local community safety officers this winter; they will of course face many more. Armed with high-quality

data, supported by the right digital tools, Chief Sustainability Officers can make the best decisions in the interests of thousands of people. Here, cloud technology has a crucial role to play. The software can save vital time and resources by automating and simplifying processes, accelerating response times and, crucially, detecting similar cases ensuring that officers can proactively intervene.

STAYING AHEAD OF CRIMINALS

Cybercrime is an increasingly serious threat for virtually every business, public body and private citizen. Online fraud, data breaches and hacking are an almost daily feature in our national press. With rising costs, citizens must be ever more vigilant of scams. During the FIFA World Cup, Trading Standards warned citizens to keep an eye out for postal and online lottery scams incorrectly associated with the event. These scams are often part of international organised crime, aiming to trick people into sending money.

So, Councils have their work cut out. They need to be able to tackle unfair trading practices from anywhere, at any time. Smart tech can help by setting up alerts to prompt precaution and get an automated overview of records associated with each case to take timely action – and keep citizens safe. St Helens Borough Council has experienced this first hand and has been able to reduce reliance on its in-house IT to support more agile working. “Ultimately, it will allow our customers to interact with us in the easiest way possible, with the quickest resolution to queries – and help us to

focus on those areas which are most important to local people”.

At Civica we continue to take advantage of advances in cyber-security to develop cutting-edge, sophisticated document checks and services that allow councils to assure citizens that trustworthy security controls are in place – guaranteeing the protection needed.

Public service organisations now need to focus on supporting those most vulnerable, while also combating their own rising costs and reducing budgets. Of course, we know it’s not sustainable or possible to continuously do more with less, so greater adaptability and more technology-enabled innovation will be essential to ‘survive’.

More can be done with what is available, whether through better use of assistive technologies or modernising existing applications. Our local authorities will need to increase self-service, reduce red tape, and improve data sharing and interoperability to drive better insight and faster actions. There’s no doubt that we’re not out of these challenging times but with the right tools we can make smarter, data driven decisions to protect citizens both today and tomorrow.

Luke Norfolk is the Managing Director of Regulatory Services at Civica.

Contact: cpenquiries@ civica.co.uk

18 ENVIRONMENTAL HEALTH NEWS / FEBRUARY 2023 Advertising Feature
Civica’s Luke Norfolk examines how local authorities can navigate tough times more effectively with accurate, smart and modern tech solutions

colleagues. We’ve seen some councils reduce their staff from big teams to small numbers in some areas, and there are problems finding suitably qualified and experienced practitioners to recruit. It has been years and years and years of neglect, of so many areas, although more training options have become available,” she added.

“We have become quite benign as a profession and there is now an emphasis on the informal first, which has made local authorities feel reluctant about taking hard legal action,” agreed Dr Dawson.

WINTER WARNING

While it is vital not to fall into the trap of blaming tenants or lifestyles for housing failures, EH could play a greater role in the ‘sensitisation’ of tenants to common problems and potential risks to health from a property, Dr Dawson advised. For example, mould – while a tragic outcome in this case – is in fact one of the lowerrisk hazards, he pointed out.

Fire safety, falls, excess heat (as seen last summer) and excess cold all tend to be bigger killers, with the latter looming especially this winter. Cold houses bring with them a higher risk of heart attack or stroke, breathing problems, flu, depression and, again, falls – especially if someone is already vulnerable. Other risks can include carbon monoxide poisoning from badly maintained or poorly ventilated boilers, cooking and heating appliances.

The charity National Energy Action calculated that, even before the current crisis, 8,500 people died during the winter of 2019-2020 alone because of living in cold houses. By this April as many as 8.4 million households will be living in fuel poverty, it has predicted.

“We have had hundreds of thousands of people over the decades suffering from

excess winter deaths due to temperatures within their housing, and that was before the current fuel crisis,” Dr Dawson said.

“If you’re in a cold house, your inclination is to have the fewest draughts possible, so you are going to reduce ventilation, not increase it. When tenants are struggling with their heating bills, we are going to see more cases like Awaab Ishak because we’ll see more accumulation of damp and mould growth.

“We are going to see a lot more tenants living in Awaab Ishak-style situations where we have them finding it very difficult to heat their homes adequately to drive off the moisture and to feel happy about ventilating,” he warned.

What, then, is the answer, the panel was asked – for the profession, for government and for CIEH? Ellis Turner argued that it is critical EH gets more boots on the ground

NEW HOUSING PUBLICATION

Jill Stewart has co-edited, with Russell Moffatt, a new book on the rented housing market. Regulating the Privately Rented Housing Sector is published by Routledge and is part of its wider series, ‘Focus on Environmental Health’.

The book brings together academics and experts (including contributions from both

Ellis Turner and Henry Dawson) to explore the rapid growth and changing nature of the sector and regulatory options.

Routledge is offering a 25% discount to CIEH members. IT IS AVAILABLE BY SCANNING THE QR CODE:

Black mould thrives in damp, dark places and is often caused by lack of ventilation and more capacity in place at local level. A coherent national workforce strategy for the profession is therefore long overdue. “That is one ask I would have of CIEH. To encourage all parties to work together better to create a workforce strategy. I’d like to see CIEH doing more to promote a national strategy,” he said.

“We need to argue our case, otherwise we’ll be here next year and the year after, saying exactly the same thing,” agreed Dr Stewart. “We need to have good-quality teams in place who are well trained and know what they’re doing.”

Selective licensing schemes are an effective tool within the enforcement box, highlighted Dr Dawson – but both the awareness and visibility of EH needs to become much greater across the board. “One of the key take-homes from this case for me is the awareness of environment health and the fact that we do have – although poorly funded, although cash poor, although really struggling – a cadre of professionals, thousands of us up and down the country, who tenants can call on. There is legislation there to protect them; there are enforcement officers available,” he said.

“Yet, we were not even called in this case – and have not been talked about in the discussions afterwards. For me, the policy window is wide open to make some changes,” Dr Dawson concluded.

THE PANEL

l Dr Henry Dawson, senior lecturer in housing and health at Cardiff Metropolitan University.

l Dr Jill Stewart, senior lecturer in environmental health and housing at Middlesex University London.

l Ellis Turner, senior lecturer in environmental health at the University of the West of England.

WWW.CIEH.ORG Housing roundtable
FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 17
©
“We are going to see a lot more tenants living in Awaab Ishakstyle situations”

Bookyour 2023 conferences

Our sell-out headline conferences return this year, along with a selection of new conferences tailored to the needs of environmental health professionals. Book now to gain insight from experts working across the profession: government ministers, experienced environmental health professionals, business owners and leading academics.

HEALTH AND SAFETY CONFERENCE

Health and safety professionals will discuss key challenges, guidance updates, and opportunities to make a difference to workplace safety. There will be sessions on workforce wellbeing, the HSE 10-Year Strategy, and high-profile investigations .

HOUSING AND HEALTH CONFERENCE

Our 15th Housing and Health Conference will gather local authority environmental health officers and private rented sector professionals. Topics will include the latest developments from DLUHC, the cost-of-living crisis, damp and mould, and HHSRSupdates .

AIR QUALITY CONFERENCE

Expert speakers will delve into issues surrounding air quality, targets in the Environment Act, links between health issues and poor air quality as a result of damp and mould. Shirley Rodrigues, London Deputy Mayor, will discuss the expansion of London's Ultra Low Emission Zone (ULEZ).

Chartered Institute of Environmental Health~

BRIEFING

EU law ‘sunsetting’ fears

OWEVER POLITICS

Hpan out over the next few months, it is already clear the government’s Retained EU Law (Revocation and Reform) Bill is set to become a defining moment of the remainder of this parliament.

We’ve seen Labour working to force Commons votes on the controversial bill, calls from politicians from across the political spectrum for it to be rethought, similar calls from business groups and unions, and concerns that, at the very least, it is going to lead to a massive cost burden, both in time and money, for civil servants and legislators.

SERIOUS CONCERNS

The Food Standards Agency’s Emily Miles has warned about the work that will be required to ‘sunset’ EU laws. CIEH, too, in December expressed its ‘serious

concerns’ about the ramifications of the bill for health and safety and environmental regulation. Quite apart from the potential disappearance of specific EU-derived health and safetyrelated regulations, an analysis by The Work Foundation has illustrated just how wide an impact this bill could have on workers’ terms and conditions, should it continue in its current form.

Workers on part-time, fixedterm or agency contracts will, in particular, potentially be affected, with working time directives and entitlement to paid holiday among the regulations that could be weakened as a result of the bill.

Our analysis has shown that, for example, scrapping the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 will lead to this large workforce being treated differently to their peers when it comes to pay and leave, pension opportunities and benefits, training and career development and redundancy.

LOSS OF RIGHTS

More widely, the bill could dilute or do away with a wide range of fundamental workers’ rights currently embedded in UK legislation. These include:

l Holiday pay.

l Protection of pregnant workers and the rights to parental leave.

l Rights relating to working time, including rights to daily and weekly rest, maximum weekly working time and paid annual leave.

WWW.CIEH.ORG
LISA MALTBY, SHUTTERSTOCK The Retained EU Law Bill will scrap 4,000 laws, including those that protect workers’ rights
FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 19
Thebillcoulddilute ordoawaywitha widerangeof workers’rights
Opposition MPs, business groups and unions have called for the government to rethink plans to rewrite 4,000 laws

l Protection of part-time and fixed-term workers.

l Agency workers’ rights.

l Data protection rights.

l Protections of terms and conditions for workers whose employment is transferred to another employer.

l Consultation with workers’ representatives when redundancies are proposed.

l Protection of workers’ rights on the insolvency of their employer.

l Rights to a written statement of terms and conditions.

If workers’ rights and the working environment become more precarious, this can have a knock-on impact on health and safety, and environmental health.

Workers who are less secure in their work are likely to be less well-paid and/or trained, and less supported by their organisation. They are more likely to be working in an environment more focused on cost-cutting and, potentially, corner-cutting.

If working conditions become more exploitative, that can heighten the risk of long-hours working, work-related accidents and illness. There is likely to be less support, and incentive, for whistle-blowing or raising of health and safety or EH concerns.

All this could have an impact on already hardpressed EHOs trying to do their best to protect communities, businesses and employees.

With the government (at the moment at least) seemingly intent on pushing through with the Retained EU Law (Revocation and Reform) Bill come what may, it is becoming increasingly apparent that the stakes for health and safety –and within that, environmental health – have rarely been higher.

PROSECUTIONS

This month’s selection of interesting cases and the lessons learned

Meat trader, who operated from filthy car washes, to pay back ill-gotten gains

AUTHORITY:

Wiltshire Council

DEFENDANT:

Gent Jakupi, Devizes OUTCOME:

Ten months custody, plus POCA confiscation order for £154,342.62, to pay £3,500 within three months or serve a further three months in custody. Food business operator was prohibited

OFFENCES UNDER: Food Safety and Hygiene (England)

Regulations 2013, Regulation 178/2002, Regulation 852/2004 and Regulation 853/2005

THE STORY

In May 2020, a resident made a complaint to Wiltshire Council in regard to an unregistered and unapproved meat-cutting operation at Devizes Hand Car Wash, owned by Gent Jakupi. Jenny Thomson, the council’s public protection manager (food and safety), said: “We made initial enquiries with Wiltshire Police and the Food Standards Agency’s National Food Crime Unit to see if the activity was linked to livestock thefts or illegal slaughter, but there was no intel or evidence to substantiate this. Then one evening I drove past the car wash and saw a van parked outside, and meat carcasses being carried in.”

HOW IT PLAYED OUT

Senior EHO Sarah Grubb, who led the investigation, said: “We didn’t immediately raid the premises as we needed to gather intelligence first.”

Investigations found Jakupi was buying meat from approved slaughter houses, but butchering it himself to add value. Grubb said:

“The raid had to be well-planned as we had to have everything in place. We were accompanied by armed police and also had to organise refrigerated transport and storage for the meat that was seized.

“The premises was filthy. Meat was on the floor close to car repair equipment. There was dog faeces and a dog roaming around. There was no hot water either.”

An emergency hygiene prohibition notice was served, and 2.7 tonnes of meat was seized. A customer list revealed Jakupi was selling meat on to individuals and businesses across the UK.

Surveillance then found Jakupi had moved his operation to Ludgershall Hand Car Wash. In November, a raid found this premises to be dirty, rat-infested and with no hot water. A further 2.4 tonnes of meat was seized.

In December 2021, Jakupi pleaded guilty to 39 food hygiene offences at Swindon Crown Court and was sentenced to 10 months custody.

LESSONS LEARNED

A key lesson was the importance of the hours of planning to ensure the success of the operation. Thomson and Grubb said: “The cooperation of agencies and other (council) departments was also vital.”

WWW.CIEH.ORG 20 ENVIRONMENTAL HEALTH NEWS / FEBRUARY 2023
Meat was found on the floor of the property
©

Illegal puppy farm duo ordered to pay £150k in three months or face prison

AUTHORITY:

Dorset Council

DEFENDANTS: Rebecca Heath, Three Legged Cross Derrick Perriton, Three Legged Cross

OUTCOME:

Heath: 200 hours

community service, £34,840 confiscation

order to pay within three months or nine months

custody, £4,500 costs, £85 victim surcharge.

Perriton: 200 hours

community service, £115,000 confiscation order to pay within three months or 18 months

custody, £4,500 costs, £85 victim surcharge

OFFENCES UNDER:

Animal Welfare Act

2006 S4(1), S9(1), S13(1)

Animal Welfare

(Licensing of Activities Involving Animals)

(England) Regulations

2018

THE STORY

In March 2020, officers from Dorset Council executed a search warrant at a premises in Three Legged Cross, following concerns that William Derrick Perriton and Rebecca Heath were running a dog breeding and selling business without a licence.

They discovered a number of dogs living in appalling conditions, and the animals’ basic needs, including housing, bedding, medical attention, as well as adequate water and ventilation, were not being met.

HOW IT PLAYED OUT

An investigation was undertaken led by Michelle Jones, team leader animal welfare and dog control team, and Jane Williams, team leader environmental protection, in partnership with the police and Trading Standards.

In January 2022, Perriton and Heath appeared at Bournemouth

Crown Court, and pleaded guilty to causing unnecessary suffering to a protected animal, failing to take steps to ensure the needs of animals were met, and carrying out a dog-breeding and selling business for 14 months without a licence.

In October 2022, the convicted illegal puppy-selling duo were each sentenced to 200 hours of community service. A month later, the judge confirmed the confiscation orders, and warned Perriton and Heath they faced prison for default.

LESSONS LEARNED

Jones and Williams said team-working was key. “The Trading Standards team’s financial investigator was able to work with the EHOs investigating the case to ensure proceeds of crime action could follow.”

They found body-cam evidence taken from the site investigation was extremely useful.

Being prepared to interpret messages on electronic devices was also found to be vital.

AUTHORITY:

Harrogate Borough Council

DEFENDANT:

Vincent Davies

OUTCOME:

£146 fine, £200 costs, £34 victim surcharge

OFFENCES UNDER:

Section 2(1) of the Clean Air Act 1993

THE STORY

In April 2022, North Yorkshire Fire Service notified Harrogate Borough Council that they had just attended a large fire at a caravan park in Ripon, which had been emitting dark smoke.

Technical officer James Clayson, from the environmental protection team, attended the site to investigate the contents of the fire.

Remnants of items known to release toxins when burnt, including composite decking, treated wood and plastic drainage pipe, were discovered in the remains of the fire.

HOW IT PLAYED OUT

Vincent Davies, who was manager of the caravan park at the time, admitted to lighting the fire and not checking the contents.

Clayson said: “Employees from the neighbouring commercial units had posted videos of the fire as it was happening. The footage and witness statements from the employees were used as evidence to demonstrate to the court the severity of the fire.”

In November 2022, Davies appeared at York Magistrates Court and, following mitigation, was fined £146.

LESSONS LEARNED

Clayson said: “This investigation was a good example of different parties working together to get a positive result. If we hadn’t been notified of the incident by the North Yorkshire Fire Service we would not

have been able to get out on site so promptly to witness the remnants of the fire, and speak with Mr Davies there and then.

“Although the fine Mr Davies received was not the largest, we are grateful the case got to court, as we are able to use it as an example to others that burning material that gives rise to dark smoke is not acceptable,” he added.

WWW.CIEH.ORG FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 21 HAD A SUCCESSFUL PROSECUTION?
tell us about it: email editor@cieh.org
Please
Prosecution a reminder burning materials that emit dark smoke is unacceptable
Dogs and puppies were found in a pitiful condition Fire at the Ripon caravan park

IFONLYEVERYBODYCOULD LOVE THEIR NEIGHBOUR .,

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According to an article published by Direct Line Group in October 2022, the last financial year saw nearly 450,000 noise complaints to councils across the UK, which equates to 1,229 every day, or one every 70 seconds.

The real number of noise complaints may be even higher than these official figures, as research conducted by Opinium in June last year showed that only a third of Brits have acted in response to a noise dispute with their neighbour.

Although local councils and housing associations are doing their best to keep up with the demand, it is becoming increasingly difficult for them to manage

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• Removablehandheldsoundlevelmeter for on-the-spotmeasurements

and prioritise caseloads, with stretched resources and no sign of things getting any easier.

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22 ENVIRONMENTAL HEALTH NEWS/ FEBRUARY 2023
,, Research pie WWW.CIEH.ORG

‘Chartered status counts’

CIEH marks two decades of chartered status for EHPs and looks ahead to how it will evolve in the 2020s

IT WAS 20 YEARS ago today… Well, last month, technically. January 2003 saw CIEH take the then bold (and, as we shall see, for some controversial) step to launch chartered status for environmental health practitioners.

As Paul Robinson, CIEH director of education and professional standards at the time, recalls: “At that point, environmental health was not very high up in the ranks of local government.

Two decades on, chartered status continues to evolve, as evidenced by CIEH’s latest review (see panel at the end for more on this).

Nevertheless, with the most recent cohorts of chartered practitioner graduates completing their programmes in May and October respectively (as we also show overleaf), now is as good a time as any to reflect on how chartered status came about and what it has meant for the profession.

CIEH had a working party in place from the mid-1980s, looking at ways to professionalise the profession, which included a number of things, including chartered status.

“We moved to all-degree entry – initially honours degrees, then master’s programmes. We moved the accreditation of universities to a more professional way of doing it, and generated a core curriculum. We launched the research journal and brought in the CPD scheme. So there was a whole swathe of activity,”

Robinson tells EHN

FEARS AND WORRIES

But it was not without opposition, as Jon Buttolph, associate director of membership and professional development, makes clear. “I remember Paul making me go up and down the country to talk about chartered status at various branches. Mostly it was OK, but there were certainly a few where I was in a room being shouted at by people.

“There were some who were quite apprehensive about chartered status existing. There was a feeling it might lead to what they were calling a two-tier profession, a profession where those with chartered status would be rewarded for that and others wouldn’t. For better or worse, that never happened and

FEBRUARY 2023 / ENVIRONMENTAL HEALTH NEWS 23 WWW.CIEH.ORG
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chartered status is much more about individual development. Nevertheless, there was quite a lot of passion about. Now, everybody thinks chartered status is a long-established thing, but at the time it could easily have ended up being kicked into the long grass,” Buttolph adds.

So, two decades on, what has chartered status achieved?

The answer to this, unfortunately, needs to be seen in the context of the wider erosion of local government – first by austerity, then by the pandemic and now by the cost of living and energy crisis – and the impact this has had on the resourcing and capacity of environmental health more broadly, whether chartered practitioners or not.

“Chartered status counts when you’re dealing with other people, when you’re dealing with other

professions – when you’re talking to people in public health or the NHS or the police or in court, or whatever it is. That’s when it really matters. It absolutely helps with that,” enthuses Buttolph.

“For me, however, the big thing that has happened over the last 10 years is austerity and the hollowing out of local government. That has been a much, much larger force in terms of having an impact, sadly negative, on EH,” he adds

Nevertheless, Paul Robinson argues it is an achievement to be valued; a statement of development and professionalism that practitioners need to protect.

CHARTERED CONSULTATION

CIEH is currently carrying out a review of chartered status, including what a chartered EHP should ‘be’ in the 2020s.

To that end, a consultation of members was held over the autumn, which generated 991 responses. Threequarters (76%) felt people must be registered EHPs (with EHRB or CIEH) before they could become chartered EHPs. More than 90% agreed chartered status should only be available to those who had completed a period

of relevant postgraduate work experience.

Most respondents felt chartered status should be available four to six years after becoming an EHP (with one to three years being the second highest answer).

More than 80% agreed chartered status should be maintained through CPD. Additional professional credibility was seen as the main value of being a chartered EHP, followed by peer recognition. However,

Well done, too, to the latest new chartered EHPs at City of Bradford Metropolitan District Council.

“Our trainees were challenged, put under pressure, had to work bizarre hours but always did so with a smile on their faces and the determination to succeed. There were times their work attitude kept this seasoned mentor and their fellow EHOs going,” says senior EHO Jane Bradbury.

“Now they are all qualified chartered EHOs, Bradford MDC and the senior mentors would like to send a huge congratulations on their success. We wish them a very bright future in exciting careers,” she adds.

Pictured are Charlie Williams, Robert Winn, Lauren Margrove, Francesca Hutchinson, Jason Coen, Daniel Parrish, Lynne Oxley, Guy Waddington and Bethany Petch.

“One thing chartered status did was enable our voice to be heard more within government departments and NGOs. Because we had that level of chartered status, I noticed in my dealing with government departments – the FSA, HSE or whoever – that they took more notice, they listened more,” he says.

“I am proud of it as an achievement. It was great to have been involved in the build-up. It was a far-sighted, far-thinking change. It helped move the profession from being an ‘also’ service in local authorities to something more prestigious.

“A number of chartered EHPs went on to become directors of big departments. I don’t think that would have happened if it hadn’t been for chartered status,” Robinson adds.

The following EHPs successfully completed CIEH’s Chartered Practitioner Programme in May and October 2022.

MAY 22

TWO-YEAR PRACTITIONERS

Ali Abu Qurain , Oliver Benson, Christina Brown, Chloe Chapman, Julia Bull, Megan Chick, Ian Costello, Dean Crook, Nisha Didar, Amy Flynn, Niamh Gartland, Craig Gilder, Victoria Green, Mark Grose, Jonathan Hampson, Sarah Harper, Gemma Hilton, Carla Howard, David Howes, Theelaivan Jagabrun, Thomas Keating, Wayne Kerr, Paul King, Sarah Lutaaya, Lisa Maskell, Tamuka Maswera, Aimee McComack, Robert Nartey, Thomas Nicol, Adeola Ogunade, Gemma Poppleton, Katherine Rallings, Mark Richardson, Laura Rosten, Surrya Sadiq, Christopher Sibanda, Christopher Smith, Samantha Smith, Matthieu Symons, Lisa Tillett, Luke Tudor, Ellie Tyers, Joanne Watson, Alun Whitaker, Charlie Williams, Robert Winn

additional ‘employability’ also generated a high response rate (circa 45%).

CIEH’s Chartered Status Review Working Group will now consider this data, as well as feedback from online meetings with members. It will use this to develop a new draft pathway to chartered status. Members and other stakeholders will be asked to comment on these proposals. The aim is to relaunch chartered status in the second half of 2023.

ONE-YEAR PRACTITIONERS

Emma Crawford, Koulla Dipli, Mohammad Islam, Adrian Manion, Wai-Tung Ng, Alice Osborn, Tony Paul, Renu Sherchan

OCTOBER 2022

TWO-YEAR PRACTITIONERS

Stephanie Appiah-Anderson, Sara Ashton, Samuel Babatola, Alix Baker, Sarah Belwood, Dennis Bollers, Paul Bowen, Stephanie Brown, Jonathan Cadwell, Alexander Coates, Jason Coen, Anna Czerska, Laura Drury, Martin Fatchu, Elizabeth Hawkins, Rachel Hearson, Lindsay Howe, Francesca Hutchinson, Elaina Knibb, Wendy McCleary, Lauren Margrove, Malvern Muteta, Lynne Oxley, Daniel Parrish, Bethany Petch, Isaac Rowland, Gemma Shaw, Matthew Soffe, Nicholas Taylor, Iwona Typek-Ryszka, Guy Waddington, Emily Whittaker, James Woodley, Eric Yeboah

ONE-YEAR PRACTITIONERS

Ruth Briggs, Matthew Pawson Hannah Ken nedy, Marta Klimcyzk, Helen Tokaiqali, Deborah Vincent

24 ENVIRONMENTAL HEALTH NEWS / FEBRUARY 2023
Your career
“One thing chartered status did was enable our voice to be heard more”
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Harborough District Council's vision is to work with communities in a vibrant, safe and prosperous district and to bring the best opportunities to all.

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FEBRUARY2023 / ENVIRONMENTAL HEALTH NEWS 29

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Getting a buzz from pest control

Matt O’Donnell has gone from local authority chartered EHP to running his own pest control business, specialising in live honeybee removal

I’VE NEVER BEEN ONE to stand still. Early in my career I worked in catering, including running corporate hospitality events, and then my own pub/ restaurant. But I wanted a change, so went to university as a mature student to qualify in environmental health.

I worked in local government for around 15 years. I was a chartered EHP and health protection team leader at North Northamptonshire Council until June last year, and before that did the same role at Wellingborough Borough Council. I’ve also been an assessor/ interviewer for CIEH since 2012.

In 2017 I decided to start my own business, iX5 Pest Control, initially alongside my local authority roles, until last year turning it into my full-time job.

Having the security of a salary from paid employment meant establishing the

business was relatively easy; I was able to start it with minimal outlay and allow it to grow slowly. One of the challenges of doing it this way, of course, is that you need to be careful you are not stretching yourself too thinly. The demands of the business always had to be balanced against delivering in my local authority role. Fortunately, flexitime was a great benefit.

TAKING THE PLUNGE

One spur to going full-time was that I’d started keeping bees and noticed a gap in the market for live honeybee removals from buildings. Honeybee colonies naturally swarm at least once each year, usually between April and June. A colony normally splits, with half remaining where they are and the other half leaving to look for a new home. This can be anything from a hollow tree to a chimney, a roof void or a wall cavity.

RECOGNISE YOUR TRANSFERABLE SKILLS

The skills and knowledge I gained as an EHP are of direct benefit to running a business. For example, I learned a lot from seeing small enterprises struggle with regulatory compliance.

JUST GO FOR IT

I’d encourage anyone considering setting up any business to do so. It’s easy to stay in our comfort zone. But I love being in control of my own time, while seeing my plans evolve.

MAKE TIME AND HEAD SPACE TO PLAN AHEAD

However busy you are day to day, it is important to have a clear plan. I have a vision of where I want the business to be in five to seven years’ time. I am confident 2023 is going to be an exciting year.

Live honeybee removal is necessary as, ethically, killing bees isn’t a sustainable approach. Moreover, from a pest control perspective, there are no professional-use insecticides specifically approved for use on honeybees in the UK any longer. There are also significant risks from putting insecticide into a colony. These include reoccupation down the line; contaminated comb; and robber bees stealing the honey and returning to their hives, posing a risk to the food chain and that colony’s survival. Honeybee combs can also attract ants, wasps, wax moths or even rodents if left in situ.

There are many safety considerations fellow EHPs will be very aware of, both for people in the vicinity of a live honeybee colony (think anaphylaxis) and for the structural works required to access it. Honeybee removal can involve the use of scaffolding, for example, and the need to cut into the building to gain access, along with reinstatement works.

Deciding to run your own business can be scary, but I’m so glad I made the change. As EHPs we see where businesses are going wrong (and right), and you can learn a lot from that.

32 ENVIRONMENTAL HEALTH NEWS / FEBRUARY 2023 WWW.CIEH.ORG
SHUTETRSTOCK
l Matt O’Donnell is a chartered EHP and director of iX5 Pest Control LEARNING POINTS
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Live honeybee removals involve a number of EH safety considerations
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Live honeybee removals involve a number of EH safety considerations
TALESFROMTHEFJV

Bitesizetraining

Chartered Institute of Environmental Health

26 Apr -online

Hygiene improvement notices

Learn about the processfor inspecting a food business, as well as enforcement options and the legal requirements for serving a hygiene improvement notice.

Codex HACCP changes

Compare historic and contemporary HACCPapproaches and examine how to devise a modern HACCPplan and identify non-compliance.

22 Feb -online

25 Apr-online

Asbestos awareness and management

Look at where asbestos is found in domestic premises and how to deal with it, with reference to the Health and Safety Executive's (HSE) Guidance Notes .

28 Feb -online

27 Feb -online

Pests in domestic buildings

Explore how to identify the presence of pests, methods to prevent their entry, removal treatments and practical repairs to remediate damage caused.

27 Apr-online

Hygiene emergency prohibition procedure

Understand the process for serving a hygiene emergency prohibition notice, including inspection, liaison with key personnel and drafting the notice.

Statutory nuisance (modules1-3)

To book visit: cieh.org/events

Examine when statutory nuisance should be used and how issuesarising from complex cases should be handled in this three-part course. cieh.org/events

SALES -HIRE -CALIBRATION MEASUREMENT SYSTEMS I 0653 UKAS accredited calibration facility, see UKAS website for scope of UKAS accredited calibrations offered: anv.ms/ukas THE ENVIRONMENTAL INSTRUMENTATION SPECIALISTS Available for Purchase & Hire A Truly Web-based Solution No Software Required Fully Certified & Site Proven Hardware Simultaneous, MCerts PM10 & 2.5 Dust Monitoring based on the TSI DustTrack™ DRX /~ .LZJtP3't?.LZJtP3't? t PPI/ VIBRATION MfO 1'l,t NOISE DUST •.,_,•.__ g___ ------· Auto a, 0d 00:00:00 lp 100.S Leqls 000001 [CJ Rion NL-52 WEATHER Real Time (1 minute uploads) Data; Essential for Pro-Active Control Data is avaliable from the server (you don't have to download it from instruments in the field) Noise and Vibration sensors excellent for use beyond the monitoring Google Maps based interface Setting the Standard for Environmental Noise Measurement Class 1 -PTB Type Tested with and without Outdoor Microphone Protection Low Power Consumption -10 days on a single 12Ah gel-cell battery Single 130dB range Unrivalled Reliability Easy to Use CSV data on an SD card 10 msec sampling as standard Options transferable between meters -Audio (WAV) recording -Octave/Third Octave -FFT -Reverberation Time :,,- 52.0. 7W Designed for professionals Full control and access to data from any web-enabled device A minimum of 5 simultaneous limits available for each sensor Up to 24 sets of limits per day and different limits each day @} WWW.NOISE-AND-VIBRATION.CO.UK I m INFO@NOISE-AND-VIBRATION.CO.UK I \. 01908 642846 I W twitter.com/ANV_MS

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