Local Authority Audit: Summary report – findings and analysis

The evidence indicates that most identified failures originate at operational level, but the root causes often lie higher within the system.

Many findings relate to areas where FSS has direct influence through:

• National policy.
• Guidance.
• Training.
• Performance Monitoring.
• Audit.
• Assurance.
• Data systems.
• Performance management.

The evidence therefore suggests that SAFER cannot be viewed solely as a reform programme for Local Authorities.

Rather, it should be viewed as a redesign opportunity for the entire Scottish official controls system, including the FSS role as strategic regulator, performance monitor, assurance provider and system steward.

Taken collectively, the audit evidence indicates:

The current system remains functional but increasingly fragile.

The system continues to deliver core public health protections, but resilience is reducing and risks are increasing.

Workforce sustainability is the principal systemic risk.

Most operational findings can be traced back, directly or indirectly, to workforce and capacity constraints.

Assurance and monitoring arrangements rely on inconsistent and unreliable data.

Reliable oversight is constrained by weaknesses in national management information systems and data quality. 

Consistency remains a fundamental challenge.

Variability between authorities continues despite the existence of national codes and guidance.

Many root causes extend beyond Local Authority control.

A significant proportion of findings reflect national system design issues rather than isolated local performance failures.

DG SANTE findings reinforce domestic audit evidence.

The convergence between FSS audit findings and DG SANTE observations provides strong independent corroboration that the issues identified are systemic and enduring.

The evidence gathered from both Local Authority audit programmes and DG SANTE audits indicates that the primary risks facing the Scottish official control system arise not from isolated operational failures, but from systemic weaknesses in workforce capacity, consistency of delivery, assurance infrastructure, competency management and national oversight arrangements. 

While Local Authorities remain responsible for frontline delivery of official controls, the evidence suggests that many of the root causes sit at a system level and require coordinated action between Local Authorities and Food Standards Scotland. 

These findings provide a substantial evidence base supporting SAFER's consideration of reforms to governance, oversight, workforce planning, performance assurance, data management and the future operating model for food law enforcement in Scotland.

The evidence demonstrates that most recurring audit findings map directly to the key legislative themes:

• Regulation (EU) 2017/625 provides the primary legal requirements governing the delivery of official controls, particularly Articles 5, 9, 12, 13 and 14.
• The Official Feed and Food Controls (Scotland) Regulations 2009.  Regulations 6, 7, 8 and 9 provide the domestic legal basis for FSS assurance, oversight, monitoring and information-gathering activities in relation to local authority enforcement performance.
• The Food (Scotland) Act 2015 Sections 3(1)(e), 19 and 23 establish the strategic framework for performance monitoring, information review and the setting of performance standards.

This mapping demonstrates that many findings are not solely Local Authority delivery issues, but system-level challenges affecting compliance with both Regulation (EU) 2017/625 and Food Standards Scotland's statutory oversight responsibilities.

They are best characterised as failures in the delivery of official controls under Regulation (EU) 2017/625, evidenced and monitored through The Official Feed and Food Controls OFFC (Scotland) Regulations 2009 Regulations 6-9, with associated strategic oversight responsibilities arising under the Food (Scotland) Act 2015