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Football is causing damage and a road safety problem

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Comments

  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hows that help the OP?

    It saves the OP having to wade through half a dozen of Flyboys posts when reading the replies, as they are nicely ordered into one, easier to read post.

    Do tell me, how does your reply help the OP?
    smiley-rolleyes007.gif
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    edited 8 March 2011 at 5:58PM
    jazzy wrote: »
    The Environmental Department have made it very clear to me that there is nothing more that they can do, so an 'improvement notice' is out of the question.
    It's very clear to me that the close ties between the club and my local council are influencing the outcome of any enforcement action.

    Did you note the two improvement notices were for lack of suitable and sufficient RA's, and issued pursuant to both pieces of legislation i quoted earlier? The HSWA and Mangt regs.

    I'd suggest your LA may be fobbing you off somewhat.

    Consider asking for the RA using FOI if necessary.
    Don’t be a can’t, be a can.
  • jazzy
    jazzy Posts: 1,097 Forumite
    Part of the Furniture 500 Posts Name Dropper
    ohreally wrote: »
    Did you note the two improvement notices were for lack of suitable and sufficient RA's, and issued pursuant to both pieces of legislation i quoted earlier? The HSWA and Mangt regs.

    I'd suggest your LA may be fobbing you off somewhat.

    Consider asking for the RA using FOI if necessary.

    Thanks ohreally
    Please could you elaborate on the abbreviations that you are using?
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    jazzy wrote: »
    Thanks ohreally
    Please could you elaborate on the abbreviations that you are using?


    I apologise - I'm usually the first to pull others up for this.

    HSAW - The health and safety at work act 1974.
    Mangt regs - the management of heath and safety at work regulations 1999
    RA's - risk asessements.
    LA - Local authority.
    FOI - Freedom of information act.

    The breaches referred to in the earlier post can be found...http://www.hse.gov.uk/notices/breach/breach_list.asp?ST=B&SN=F&EO=%3D&SF=NN&SV=300946153

    Freedom if information requests can be searched ... http://www.whatdotheyknow.com/
    Don’t be a can’t, be a can.
  • jazzy
    jazzy Posts: 1,097 Forumite
    Part of the Furniture 500 Posts Name Dropper
    If I am understanding the regulations correctly an improvement notice should have been issued by my Local Authority to the football club?

    My complaint was first reported to my LA on Feb 2010 and I have requested several times on what risk prevention controls are in place for the risk of the football leaving the grounds and causing a road safety hazard.
    My local authority refuses to answer this request.

    I have checked the previous improvement notices from the website that you provided me with, and there is no record of any improvement notice's being issued to the football club that I have trouble with. So should there be such a record?
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    jazzy wrote: »
    I have checked the previous improvement notices from the website that you provided me with, and there is no record of any improvement notice's being issued to the football club that I have trouble with. So should there be such a record?


    Only if an enforcement officer has found a breach (and even then they may simply informally advise on improvement rather than go through the formality of issuing a notice).

    I would be persistent in chipping away - keep a paper trail of all correspondence and where necessary copy councillors, local mp, local paper in on them.
    Don’t be a can’t, be a can.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    ohreally wrote: »
    Did you note the two improvement notices were for lack of suitable and sufficient RA's, and issued pursuant to both pieces of legislation i quoted earlier? The HSWA and Mangt regs.

    I'd suggest your LA may be fobbing you off somewhat.

    Consider asking for the RA using FOI if necessary.

    How does the HSAW act apply here? Unless the club are putting their employees at risk, how does it affect the OP?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • How does the HSAW act apply here?

    The act doesn't only cover the welfare of people employed by a company. It also places obligations on companies to ensure that their activites have no adverse effect on others.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    But the quote supplied earlier, doesn't reflect that.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Which quote

    This one?
    It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.


    or this one
    3.—(1) Every employer shall make a suitable and sufficient assessment of—


    (b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
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