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Stuart J
Stuart J, Solicitor
Category: European Law
Satisfied Customers: 22807
Experience:  Senior Partner at Berkson Wallace
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What is the duty by law of the Environmental Health

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What is the duty by law of the Environmental Health Department of a Council when in a Local Nature reserve there is someone shooting openly?
Customer: replied 3 days ago.
And members of the public are at risk?

If this is land which is open to the public and people are shooting on it, then it is certainly a matter for the Environmental Health Department of local authority. If they don’t do anything about it, you can then make a complaint to the Local Government Ombudsman.

It’s a different complaint.

 

That also becomes a matter for the police shooting on land to which the public have access. Once again, a different way of attacking it.

Stuart J and other European Law Specialists are ready to help you
Customer: replied 3 days ago.
The LGO replied after 6months, that there is no Council function relevant to my complaint and refused to investigate it.
Customer: replied 3 days ago.
So they are one of the defendants in the jr
Customer: replied 3 days ago.
Can you help with the legislation for my grounds please.
Customer: replied 3 days ago.
I am doing all the drafting as I found NO solicitor to help since February
Customer: replied 3 days ago.
I used
1.the Occupiers Liability Act
Customer: replied 3 days ago.
2.Environment Protection Act 1990
Customer: replied 3 days ago.
To prove that the Council is by law obliged.
Customer: replied 3 days ago.
Anything else that can help?
Customer: replied 3 days ago.
According to the website of Natural England the owner of a Local Nature reserve is obliged to protect the Environment and its inhabitants and Natural England is responsible to inspect this.
Customer: replied 3 days ago.
It does not say it had to be an SSI
Customer: replied 3 days ago.
Should not they inspecting the neglect of the Council?
Customer: replied 3 days ago.
They have made a Memorandum of understanding MoU with the police. This is not a legal act. And it says that they are both partners.
Customer: replied 3 days ago.
But both Natural England and Defra used it as reference to reply that they have discharged themselves from their law enforcement role, to avoid the jr.
Customer: replied 3 days ago.
Does this stand?

Thank you.

I don’t whether you have read this https://publiclawproject.org.uk/wp-content/uploads/data/resources/6/PLP_Short_Guide_3_1305.pdf

 

but if you haven’t, it’s interesting.

Do remember that even successful judicial review will not necessarily change the decision. It just makes them revisit the way in which the decision was made.

They could go back even if you were successful and say they have investigated and there is no function of the council which is relevant. So I think you need some evidence to say which function of the council is relevant.

You are on uncharted territory here. I am happy to put the documents into a legal format if that’s any use for you.

There is an extra cost for drafting documents which we do by email as a premium service.

With regard to the statutes you mention, you need to pullout specific sections which gives them liability and that they have not been compliant with.

I am surprised that Natural England haven’t pursued this but it seems that they only pursue their own agendas and if anybody else comes up with a good idea, it just gets dismissed.

Customer: replied 3 days ago.
I am interested about your offer for assistance with documents by email.
Can you email me more details please?

Over the course of the next days weeks months, you are going to need to submit witness statements and forms and words et cetera et cetera.

That’s what I help with.

For example, you may have a witness statement to support an application and you would cobble it together in a way that you think appropriate however a whole load of it may not be appropriate. There is a technique (and many solicitors are not good at it I might add) to putting together the wording in witness statements and documents so that it is in a simple easy to read and very coherent format.

You need to remember that you know this inside out but the person picks up the piece of paper and read the document only has in front of them what you say.

One of the services that I can offer is a Premium Service proposal where, you would give me your proposed witness statement, and I would go through it and edit it so that it was in a more coherent format. I have to tell you though that some people’s witness statements are so incoherent to start with that there is no point in me even touching them because they are so far off the mark.

Some people’s witness statement running to dozens of pages and the same applies. I provide premium services proposals at GBP75 per hour and it really depends on how good it is in the first place as to whether it needs any editing at all. I have had people put documents to me for editing and I have spent five minutes on them. On others, I have spent two hours.

I would need to see any document that you wanted me to give the once over before I could give you an indication of cost..

Customer: replied 2 days ago.
Agreed. What is your email please?

I have to submit a proposal for you with a price. Before I could do that, I would need to see the document you wanted reviewing. I think you may be some way off that yet.

Customer: replied 2 days ago.
I have a draft and I am copying you a page. So please tell me how much you would need for that roughly to give me an idea.
I cannot post all my statement here of course.
Customer: replied 2 days ago.
47. A dead duck was found by a local resident’s daughter on the 18th of December 2018 in the Barn Hall area near Bourne pond and she took a picture. Mrs ..... (her mother) forwarded the photo to me and I sent the picture to RSPB for identification of species. They replied that it was an Aylesbury duck. Neither of the two ponds of the.......Valley has this kind of domestic ducks. It had obviously been taken from the .......pond, where this kind of ducks used to exist until recently. The residents at the left side of the banks also found two Aylesbury ducks dead end of last year and they did not think it was a fox kill. They would not have been run over by a car. The road where (on the left of side of the pond) they were found dead is private and the few residents there are looking after the birds of the pond. They are very careful when they drive and if they had accidently hit a duck they would have collected it, not leave it there in front of their neighbours’ house.
48. Mrs..........who lives in the ...... had seen .......and ..... as they were fishing and poaching. She had taken a picture of them before I met her and recognised them from my description.
49. I made a second call to 101 on the 11th of October to give an update and I found out that my first report on the 14th of August said "case closed" and my second on the 15th was wrongly recorded (as previously explained). They gave me the email of the Wildlife Crime Officer to whom I sent my report the same day. I reported to him (and PCSO...... of the Community police to whom he forwarded my report) through later emails that I had also seen the two men on the 15th and 16th of October and I also explained that on the 8th of September I had clearly seen a shooting from the fence of the .... towards the ..... pond.
50. It was just getting dark, around 20.30 and two men came one with a big light. The one man was much smaller than the other. The taller man turned a big light towards the pond and I heard a loud shooting, then they both lifted with effort what they had killed. Afterwards they lifted something which sounded like an empty drum hitting the ground. As already mentioned there were two medium size turtles in that pond, always near that bank and hardly moving. We have not seen the one of them since. It was dark and the light was towards me so I could not see faces but the one was much smaller and the only one I have seen since coming with a gun in this area and heard shooting when he was the only present (another 4 times) is..... One shooting in May was inside the..... Valley just as I was passing by. It was very loud and near. I heard people talking the one was clearly a child’s voice. The only child I have heard or seen 21.00 in the area inside the woods is.... Especially after a shooting (I saw him on his bike leaving on the 13th of February).
51.A big hole in the fence at the centre appeared after the shooting of the 8th of September. There were two more people in the woods, opposite the bank at the same time, right opposite where the shooting took place and saw it too. They were very alarmed, the young man asked the young lady to go to the top bank and he went all around with his bicycle. They must have reported what they saw.
Customer: replied 2 days ago.
Names have been omitted deliberately
Customer: replied 2 days ago.
Please email from now on:
Customer: replied 2 days ago.
Customer: replied 2 days ago.
directly
Customer: replied 2 days ago.
With regards to the witness statement

Until we have agreed a premium services proposal, all communications have to be on here.

All witness statements need to be in this format.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

 

They need to be signed and have a statement of truth at the end.

 

The document should be doublespaced with no more than two sentences per paragraph and each paragraph should be numbered.

Avoid I, she he they, as it is very often not clear who is saying what about what.

 

If you are the claimant then you refer to yourself as the Claimant.

 

I also don’t know what this witness statement is in support of.

Customer: replied 2 days ago.
In section 8 of the jr (instead of an interim remedy in section 7) an injuction is asked as a separate application.
The reason for that is because in this way the private owners of ponds can be included in it as well as the defendants of the jr.
The request of the injuction is that they forward to the police the witness statement and ask for the prosecution of those identified in it to harm the Environment and its inhabitants and put to threat the public safety.
Does it make sense now?
Customer: replied 2 days ago.
For the standing the stress is put on the public safety as for the Environment obviously nobody cares.
Customer: replied 2 days ago.
Coming back to the question, how can the LGO claim that there is no Council function involved when someone is killing all wildlife inside its Local wildlife nature reserve?
Customer: replied 2 days ago.
Has not the Council by law the duty to protect?
Customer: replied 2 days ago.
There is an unanswered question:
"Can Natural England just say they have discharged themselves from..."
And we can continue this there
Customer: replied 2 days ago.
Please pick it up
Customer: replied 2 day ago.
Would you be able to assist with pre-hearing correspondence with the defendants if needed please?
Customer: replied 2 day ago.
Paid
Customer: replied 2 hours ago.
If you can please email me. Thank you

You cannot make someone pursue litigation and you cannot make them make a complaint.

This is probably something which is a matter for the police rather than the local authority:

https://www.cps.gov.uk/legal-guidance/wildlife-offences

Customer: replied less than 1 hour ago.
I am not making anybody else. It is myself doing it.