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Stuart J
Stuart J, Solicitor
Category: European Law
Satisfied Customers: 23098
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 months 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 months ago.
The LGO replied after 6months, that there is no Council function relevant to my complaint and refused to investigate it.
Customer: replied 3 months ago.
So they are one of the defendants in the jr
Customer: replied 3 months ago.
Can you help with the legislation for my grounds please.
Customer: replied 3 months ago.
I am doing all the drafting as I found NO solicitor to help since February
Customer: replied 3 months ago.
I used
1.the Occupiers Liability Act
Customer: replied 3 months ago.
2.Environment Protection Act 1990
Customer: replied 3 months ago.
To prove that the Council is by law obliged.
Customer: replied 3 months ago.
Anything else that can help?
Customer: replied 3 months 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 months ago.
It does not say it had to be an SSI
Customer: replied 3 months ago.
Should not they inspecting the neglect of the Council?
Customer: replied 3 months 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 months 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 months 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 months 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 3 months 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 3 months 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 3 months 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 3 months ago.
Names have been omitted deliberately
Customer: replied 3 months ago.
Please email from now on:
Customer: replied 3 months ago.
Customer: replied 3 months ago.
directly
Customer: replied 3 months 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 3 months 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 3 months ago.
For the standing the stress is put on the public safety as for the Environment obviously nobody cares.
Customer: replied 3 months 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 3 months ago.
Has not the Council by law the duty to protect?
Customer: replied 3 months ago.
There is an unanswered question:
"Can Natural England just say they have discharged themselves from..."
And we can continue this there
Customer: replied 3 months ago.
Please pick it up
Customer: replied 3 months ago.
Would you be able to assist with pre-hearing correspondence with the defendants if needed please?
Customer: replied 3 months ago.
Paid
Customer: replied 3 months 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 3 months ago.
I am not making anybody else. It is myself doing it.

 

 

You said earlier on “in this way the private owners of ponds could be included as well as the defendants of the judicial review”

you have no cause of action against the owners of the ponds.

Customer: replied 3 months ago.
Not based on the statutory rights for nuisance and health according to the Environment Protection Act 1990?
Customer: replied 3 months ago.
Is not the Environmental Health Dept of the Council responsible to protect its own property?
Customer: replied 3 months ago.
What about the risk to public safety from shootings?
Customer: replied 3 months ago.
You replied it is

I agree completely with regard to the risk of public safety from shooting and that is a matter for the Environmental Health Department at the local authority and the police.

 

I’m not saying that there is not a because of action against the owner of the ponds, but it’s not a cause of action to be brought by an innocent bystander with no interest in it.

Customer: replied 3 months ago.
Who has no interest in it?
Customer: replied 3 months ago.
A witnesseed shooting is in thread

You have no interest in it. No locus. No standing.

You are an innocent bystander. We have covered this before.

Customer: replied 3 months ago.
The application for judicial review has been lodged and served already.
Customer: replied 3 months ago.
The defendants for it are Natural England, Defra and the local police force.
Customer: replied 3 months ago.
For doing nothing to protect the Environment and its inhabitants and the public safety
Customer: replied 3 months ago.
and the IOPC for refusing to investigate the complaint about the neglect of the police.
Customer: replied 3 months ago.
The injuctions are to make the first two use the witness statement of the innocent bystander to ask the police to prosecute.
Customer: replied 3 months ago.
Does this make sense now?
Customer: replied 3 months ago.
If yes you are welcome to assist with the pre hearing state according to your premium service offer.

Thank you for the clarification. I don’t think you have any further questions for now so I think we are probably better holding this thread in abeyance.

When you need assistance with the wording of documentation or applications, then we can deal with that at the time upon request.

I emphasise however but although I will be system with that even if I do assist with the applications, that will not be an endorsement in any way that your application is likely to succeed. You have asked for my help with the paperwork and I can do that but I’m still not convinced that you have locus in all of this matter.

Customer: replied 3 months ago.
So who would have locus to complain that the there is someone in the local area shooting in public and neither the police nor the Council do anything to stop him?

Remember please the I abhor what is happening here, I really do and that’s why I am anxious to try to think outside the box in order to help you.

However you are just an innocent bystander with concern for the area and the public. Judges have used the phrase “busybody” in similar kinds of court proceedings albeit the phrase was used in respect of rescuers who were injured while interfering.

Just because you are responsible member of the public who is concerned about what’s happening doesn’t mean that you have the legal right to take it into your own hands the not actually take it into your own hands but issue legal proceedings.

 

I will exaggerate prove the point. Let’s say that I put mole traps in my garden. You are the president the “Protect a Mole Society of Great Britain”. It does not give you the right to take me to court because I happen to have mole traps. That is assuming of course that these are humane and that is no cruelty to animals in which case the RSPCA could exercise a statutory duty. A statutory duty which they have, which you don’t have.

Customer: replied 3 months ago.
And that is why I am not prosecuting the offender myself but I am asking those who have the statutory right to do it, to do it. And RSPCA is also among them so they are getting an injuctive relief in section 8 especially for that.
Customer: replied 3 months ago.
And the witness statement is for them to use as supportive evidence
Customer: replied 3 months ago.
I will leave it to the judge to decide if I am a busy body or if all those who are paid to be busy bodies are neglectful.

I think you have summed it up in the last sentence for the judge to be decided whether those who are paid to be busybodies have been neglectful and not BUT I still do not believe that you have the locus even bring that claim because this is not your property and you are simply an unconnected bystander who in the eyes of the court is interfering. I’m sorry, but I just cannot see that you have cause of action. However if you feel that you want to go for it, I can understand exactly why you want to do so but I’m not convinced that it would be successful or that it would not be struck out for you having no locus. I hope I am wrong. I hope I am wrong for you and I hope I am wrong for the location.

Customer: replied 3 months ago.
Maybe if you were nearly shot and you were scared to go to the Local Nature reserve which is as it's board said "for all to enjoy" and now it is only for the criminals you would be convinced.
I think I will hold this thread to abeyance and get on with the paperwork.