Presumably you are actually aiming for a different response here, because of some circumstance you have not made clear.
If you did not do the installation then the NICEIC cannot fail you for that work. They may say "hang on this hot tub has an isolator far too close to the hot tub" and you respond with "This part of the installation was done after my work, I agree that it is not an ideal installation, I would suggest that a different location for the switch be found that is at least 600mm, preferably 2 m away, however looking at the space available this is not possible so I might have gone for an isolator that can be locked off at the origin of the circuit, possibly also operating a totally sealed contactor nearer to the hot tub. However with the IP rating of the switch being IP65 and the circuit having 30mA RCD protection and the hot tub also having its own internal protection I do feel that the risk has been minimised in this case.
I can show you the letter I have provided to the customer advising them of the risks involved with such a situation.
However as this is not part of the work you are inspecting it does really fall out of the remit of the inspection."