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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What rights do individuals have to sue local authorities whose

Resolved Question:

What rights do individuals have to sue local authorities whose lack of effective Air Quality Management plans within Air Quality Management Areas is prejudicial to the health of residents living or working in Air Quality Management areas?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You mean they are not taking action or they have failed to meet their own targets please?

Customer:

I mean the council knew in June 2012 the pollution would require AQMA designation but waited until December 2012 to notify residents. We are still awaiting an action plan as the council say they are still working on this. If they hadn't overloaded our street with additional bus routes after closing other streets to traffic as part of a haphazard traffic reorganization we would not have reached AQMA stage

Alex Watts :

You can do 2 things:

Alex Watts :

1) Complain to the Local Government Ombudsman

Alex Watts :

They are independent of the Council and can consider any complaint you have against them for free

Alex Watts :

Their website is: www.lgo.org.uk

Alex Watts :

2) Judicial Review

Alex Watts :

This is where a High Court Judge considers the actions of a Council or otherwise and decides whether they are reasonable and legal.

Alex Watts :

A Judge can agree with the Councils decision or remit it back for further consideration.
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Alex Watts :

Clearly you would need a Solicitor for this because of the Court process involved and it is unlikely you would get legal aid due to government cuts.

Alex Watts :

But those are the two options.

Alex Watts :

You could try and bring a claim for personal injury but unless you can show you have suffered as a direct result and any injuries are directly caused then any claim is likely to fail.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

This is great - many thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Alex Watts :

Please try and rate now, I have ticked the box that allows you to.

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