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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I take my local authority to court for failing in their

Customer Question

Can I take my local authority to court for failing in their 'duty of care' to deal with complaints properly despite been told about a whole range of nuisances, and non compliance of environmental laws? Can I apply to the court with evidence of failure in their duty of care? The complaints concern three hot food takeaways who think they are above the law. There has been numerous complaints over the years without any help from the council. My view is they are by trying to be unbiased by being unbiased, if that makes sense?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you know why the council have not taken action please?
JACUSTOMER-ii54c1zx- : Despite in depth written and photographic evidence and witnesses, they steer round every point and find away of avoiding to do anything or very little. They are defiantly biased to the fast good outlets and take their word for any defence and seem afraid of taking any action against them.
Alex Watts :

You can't take them to Court as such

Alex Watts :

However what you can do is seek a Judicial Review of their decision

Alex Watts :

This is where a High Court Judge considers the decisions of the Council and decides whether they are legal and in all the circumstances reasonable.

Alex Watts :

The decision of the Council not to do anything is likely to be legal.

Alex Watts :

However a Judge can then go on to decide whether the decision is reasonable in all the circumstances

Alex Watts :

The Judge can agree with the decision or remit it back to the Council for further consideration

Alex Watts :

So whilst you can't take them to Court directly, you can seek a Judicial Review

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ii54c1zx- : Thanks. What is the basic process for applying for a Judicial review?
Alex Watts :

You need to notify them of your intention to do so

Alex Watts :

Then you apply to the High Court

Alex Watts :

The Court considers it and the Council can respond

Alex Watts :

The Court, if it is contested, sets it down for a full hearing

Alex Watts :

Does that clarify?>

JACUSTOMER-ii54c1zx- : So I could use that as a threat first to provide them another chance to solve the issues before applying? Do you think it would worry them or not?
Alex Watts : Yes and yes,
Alex Watts : Please read this for more information
Alex Watts : http://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf
Alex Watts : Does that help?
JACUSTOMER-ii54c1zx- : Many thanks for you help.
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’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

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