In spite of what the papers tell you, routine HS inspection is a relatively low priority activity for Councils. Targeted work and Accident investigation is much higher up the list, so if the Council has been notified of a serious injury they will investigate.
The "notice" is a legal document that makes all matters regarding that notice and all actions from the establishment regarding it to desist from such activities. As far as the local authority is concerned that has not happened and Mr Gill has not complied. Thus far, Mr Gill has not supplied any correct risk assessment, has not did what was asked of him and therefore the notice is still seen as a live legal document. When I said "banned" I was wrong, as Mr Gill and the park have been given a notice to desist and comply.
I may have to stand corrected. The zoo was issued an Improvement Notice on July 25 with a requirement to comply by August 15. This was later extended to Sept 12. It has of course now passed Sept 12 so I'm not sure what the story is now. You may be correct in that the zoo can officially no longer do the pole-feeds in that case.
Indeed the date has passed but still the park and owner has still not complied nor has it sought to fulfill the conditions of such a notice. Mr Gill has tinkered around the edges, trying do do as little as he can. As far as the local authority/council are aware, the conditions have not been met and cannot feed using the methods as noticed.
unless you are in a position to know what is happening inside the council then that is only an opinion. The council does not appear to have released anything saying the zoo has or hasn't done anything, nor indeed whether they have or haven't granted another extension to the notice.
An Improvement Notice is just that - a notice that the current practices do not meet H&S legislation, and that this should be rectified. It's the lowest form of formal enforcement action. It won't say 'don't pole feed' it will say' You should only pole feed if the proper risk assessment and mitigation have been carried out in order to remove the risk to your employees.' If that can't be done, THEN they will not be able to pole feed.
So most of you have probably seen this already, but thought I'd share here. Sarah McClay: Defective bolt blamed for death of zookeeper mauled to death by tiger - Home News - UK - The Independent Seems like it's all coming apart at the seams! Suddenly makes Gill's public claims that it was her own fault only a few hours after Sarah's death seem even more sick!
Indeed, failure to comply (or stop the practice) can lead to prosecution). My point (not directed at you, but for infirmation of everyone!) was that this is not just an action that the officer takes at random, there is a suit of enforcement options open an inspector based on the seriousness of the risk and immediacy of action, from a warning letter to immediate prohibition notices and prosecution in the first instance. These are carefully managed and structured responses based on the circumstances. Details are here, Improvement Notice flowchart is on page 37. http://www.hse.gov.uk/enforce/emm.pdf I don't know the circumstances, but if the Inspector thought the activity caused what they call a serious risk of injury, then he/she could have issued a Prohibition Notice, stopping it from taking place. As it is, the Improvement Notice means they need to improve their methods.