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JimLawyer
JimLawyer, Solicitor
Category: Property Law
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Experience:  Senior Associate Solicitor
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We're going through an ombudsmen for a complaint against

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HI. we're going through an ombudsmen for a complaint against wirral council for not regulating next doors commercial kitchen wirral council enviromental health completed a survey on next doors pub kitchen and concluded that the extraction fans would be restricted to inaudiele level . The council now say that was only a informal agreement with the pub owners. Will forward the email. Thanks *****: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK Wirral. No lawyers advice
JA: What steps have you taken so far?
Customer: We are making a complaint against the Wirral Council
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

I note you have already made a complaint to Wirral Council - if that does not resolve this, involve the Local Government Ombudsman (LGO) : https://www.lgo.org.uk/make-a-complaint

The LGO may be able to help but you would need to firstly exhaust the council's complaints procedure, unless you have done this already.

The Ombudsman scheme is free of charge and quicker than court action. As it is an arbitration scheme, the Ombudsman’s decision would be binding upon the council if you accepted the decision.

If the Ombudsman does not uphold your complaint, or you disagree with their decision then there is a legal remedy available against a council with it being a public body.

You can issue "Judicial Review" proceedings which is where you involve the court, and a senior judge or panel of judges looks at the legality of a council's decision. If the judge(s) find in your favour, they will make an order which is binding on the public body (e.g. they may say the public body’s decision was invalid) and they are then forced to act to sort the problem out. Further, if your human rights were breached then compensation may also be payable.

The issue with judicial review is that the cases are quite complex, but as a result of that, a law firm can usually recover their legal costs from the council if they win the application. You should be able to have a no win no fee agreement with the law firm, to sue the council. Or if you are in receipt of means tested benefits then legal aid may well be available to you.

Here are a few firms who specialise in this area :

I hope this helps - please feel free to ask me anything else.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 18 days ago.
Hi,I was trying to find out if a email sent to me from the Wirral councils enviromental health department stating after they surrveyed next doors pub kitchen, the pub would resrict there extractor fans to a inaudible level has this statement any meaning in law.

The email can be used in evidence and relied upon in a civil law dispute, yes. You will still need to follow the council's complaints procedure and then ask the Ombudsman to help - the Ombudsman will force the council to take action.
Thanks

Customer: replied 18 days ago.
Hi, The ombudsman agrees with the council that it was only a informal agreement with the pub.
Customer: replied 18 days ago.
I can forward that email to you

OK, thanks. In that case your only other option is to challenge the decision via judicial review - court proceedings and you will need a law firm for that given how complex they are. See my answer earlier for details of suitable law firms.
I can review documents though it is charged as a premium service. I have sent an offer.

JimLawyer and other Property Law Specialists are ready to help you
Customer: replied 18 days ago.
Hi , we are now at the point of review of the ombudsman desision we have a month to say why he should change his desion mayby a legal letter stating that the email staitment sent to me should be adeared to.

Thanks. I agree that may work though we cannot draft a letter as we are not a law firm but an internet forum - we can review documents and make suggestions if you wanted to put together a draft letter. I am not sure a legal letter to the Ombudsman will help however - and generally lawyers do not get involved given the Ombudsman service is free to use.
You can say the email from the council was a representation (the council made a representation) and it should be considered a binding agreement.

Customer: replied 18 days ago.
can i forward the email to you

Yes, that's fine

For uploading documents please see the following guide: How do I send a photo or file to the Expert?

Customer: replied 18 days ago.
can i have your email address going out now so would be later today. Thanks.

Once sent, it will be sent to me at some point - I will get back to you as soon as I have received it.
If you need them, Customer Services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us

Customer: replied 17 days ago.
Have emailed 2 copied emails and one repeated by mistake to***@******.*** . Thanks Barry

Thanks, ***** ***** will send it to me shortly - when they do I will come back to you.

Customer: replied 14 days ago.
Have you received the copy emails I sent you.This situation started when the celebrity chef took over the pub/ restuarant next door to us at 17 Blackhorse Hill West Kirby, CH48EE. The council and others at that time let them setup their commercial kitchen without proper regulation and checks , because of that we have suffered ever since the Viking and now the Leaf's operation. We and neigbours affected have made many complaints to the council but nothing has been done to stop the problems.We feel that if a solicitor was to take on this case we believe it would be easily proven in our favour and there are multiple possibilities of people at fault, for example ( Viking Pub owners, Wirral Council, Building regs company, Leaf owners). We are prepared to speak to any solicitor who would take this case forward. My contact numbers are***********and mobile is***********Thanks Barry Monks

I haven't yet, no, sorry. Is that an email which you just uploaded?

If you can ask customer services to send them - customer services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us

Customer: replied 14 days ago.
No. I sent them emails recived from WBC.

OK, thanks - they should be sent to me at some point today. I will be on an offline today intermittently - I will check my inbox and once I have the email with attachments, I will come back here to continue. Thanks