As we all know, local authorities are legally obliged to empty our bins weekly. It seems to me that if they flout the law then they should be summonsed, and that is what I propose doing.
2007-05-07 21:32:51 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It would seem that many of my answeres are unaware that Under the UK Public Health Act 1875
Domestic refuge must be emptied weekly.
That's the law, and local authorities cannot simply choose to ignore it.
No one is above the law.
2007-05-08 10:35:23 · update #1
Anyone can sue including individuals v Local Authorities. Just go to moneyclaimonline or get a claim form from your County Court. Don't know what you would sue for though - the cost of emptying your rubbish yourself every other week? Not sure if they are legally obliged to empty every week. Our council has had the fortnightly system for 18 months. It is awful - even if you bag things up you are still plagued by smell, but the worst thing is maggots - ourselves and almost all our neighbours have suffered. Believe me its not nice to have maggots crawling out of your bin and over the patio.
2007-05-07 21:45:42 · answer #1 · answered by derbyandrew 4 · 0⤊ 0⤋
Waste management regulations are made under local bye laws. A challenge to its performance would have to be by way of an application to the High Court for a mandatory order on judical review. Once you had had a wasted costs order made against you (in the region of £15,000) you may have your bins emptied. A bit expensive I would think. Try the Council's compaints procedure instead. The county courts have no jurisdiction in public law matters.
2007-05-08 10:18:00 · answer #2 · answered by stephen.oneill 4 · 0⤊ 0⤋
A Local Council are elected by the people to carry out a variety of civic duties. If they choose they can decide on behalf of the people to empty the bins once a fortnight. It is simply decided at a Council meeting where members vote whether to do it or not. It is not therefore against the law. Your opportunity to object is on election day.
2007-05-08 04:15:57 · answer #3 · answered by Budge 4 · 0⤊ 0⤋
If you wish to have a summon issue against your local council, then you need to bring a civil proceeding against them for their failure to empty the bin. However by doing so, you need to find a lawyer to take up your case and have enough affidavit and evidence to support your case in order for the court to allow the proceeding. However, in the case of the law, you need to find the exact section or statute that stated their liability and duty. However, you should try sending a complain to the local council instead.
2007-05-08 00:54:57 · answer #4 · answered by lakaria_2000 5 · 0⤊ 0⤋
firstly, you dont summons people.
You have to have a case upheld by a prosecution in court, and the court will issue a summons if they think it's necassary.
Firstly you have to prove to a court through a prosecuting force (solicitor, barrister etc) that they have flouted the law, and you have suffered as a dirtect result, and then your solicitor would have to inform them of the case and they have a chance ot make their case to the court in writing, and a chance to appeal for settlement.
then if that doesnt work the court will hold a case and inform counci of the date. if they do not answer to this
then and only then will a summon sbe considered.
so chances are you cant do it mate, as itll cost you a bomb in litigation, and really its rare that a court will upheld a case against a local authority.
speak to your solicitor first mate, they will explain the legal nicities of it, and will advise you to write a strongly worded letter
2007-05-08 06:26:08 · answer #5 · answered by the mofo 4 · 0⤊ 0⤋
You cannot directly issue a summon to any body.Emptying of waste bins is the duty of the Local Authority.You have to file a case against the LA,through your advocate.The Court after preliminary proceedings will issue summons on the LA.....It will go on.......
2007-05-07 22:00:20 · answer #6 · answered by leowin1948 7 · 0⤊ 0⤋
You can't issue summons, only judge can do that.
To get a summons, you first have to bring civil litigation against the town/counselor(s) in question. If you succeed and a Judge grants a summons on your behalf, you can either deliver it yourself, have your lawyer or have a law enforcement officer do it.
2007-05-07 21:49:24 · answer #7 · answered by Infernal Disaster 7 · 0⤊ 0⤋
Are they legally obliged? I doubt it, otherwise they'd do it. You cannot issue a summons yourself, you have to persuade a court to do so.
2007-05-07 23:29:34 · answer #8 · answered by champer 7 · 0⤊ 0⤋