MOGDEN Legal Update - Residents' action against Thames Water
Heres a copy of an email sent by the Mogden Residents Action Group (MRAG) to residents affected by Mogden which may be of interest to some reading Brendford TW8. More proof of how an active community can get action where local authorities and government fail miserably especially when taking on poweful corporations. Dear Residents Mogden Residents Action Group (MRAG) will shortly be issuing a Press Release to update all on the legal action against Thames Water, the continuing problems being caused by Mogden's management and the apparent complacency and apathy of London Borough of Hounslow officers in confronting and dealing with the situation effectively and to the satisfaction of the residents they purport to serve.In the meantime we thought it pertinent to provide you with an informal update.Most of you receiving this e-mail will be regular sufferers of odour and /or mosquitoes believed to be caused by the neglect of Mogden for many years and will presumably have already registered your intention to claim damages through leading environmental solicitors Hugh James.It was originally estimated that approximately 35,000 dwellings may have been affected by Mogden. We can confirm that following the Judges ruling that all residents believed to have been affected by Mogden since 1.1.1999 should have the opportunity to join the claim, letters have now been sent to more than 17,000 dwellings surrounding the Mogden site. The response to these letters has been overwhelming. Despite the rhetoric from Thames Water that they will finally address the odour and mosquito problems we firmly believe that the legal action is the only way to ensure they do so.Our reasons are exhaustive and based on at least 7 years of trying to communicate reasonably with Thames Water but we have failed to achieve any meaningful or satisfactory results - thus the legal action. Here's a very brief summary of examples of what you are dealing with: Thames Water have been fully aware that there was a serious problem at Mogden since at least 1989 but they failed to take adequate action. Following a campaign by residents in 1999 which led to the formation of MRAG and the handing of a 3,000 signature petition to Thames in 2001 they finally agreed to address the problem and advised that it would cost £50 million minimum. Following a Magistrates Court appeal hearing in September 2004 the District Judge concluded "I am satisfied that there existed and continues to exist a level of malodour which amounts in law to a nuisance" Following MRAG's presentations to MP's, Defra, Ofwat and Watervoice, Ofwat agreed that Thames may collect £40 million from water rates payers to assist in alleviating the problem. The work will only begin in 2006! Thames Water have refused to invest the additional £10 million to do the job properly. Twickenham MP Vince Cable met with Thames Water's MD Werner Boettcher last year and it was confirmed that the odour abatement work which will be completed by the summer of 2008 will only cut odour pollution by around 50 per cent but Thames still refuse to invest the additional £10 million to complete the job properly! Dr Cable advised "It is clear that the improvements will take a long time and that odour problems will not be eliminated, merely reduced" Vince Cable also reported "There is then a bigger project lasting to 2012 and costing £400m to expand treatment capacity" !!!! Given Thames Water's history of causing odour havoc whenever they attempt to expand the site, do you believe they can be trusted to increase the treatment capacity without causing misery to residents? Thames Water are required by law to hold regular liaison meetings with residents to answer questions about Mogden. Thames have refused to invite residents who are affected by the odour. You therefore have no avenue to voice your concerns or ask questions on vital issues which are affecting your life and could do so for years to come. MRAG have asked Hounslow Council to host the meetings so that ALL residents groups may be represented. Hounslow have refused to do so. Only Hounslow Councillors who do not represent residents near Mogden are invited. Thames Water have failed to record accurate minutes of the meetings. Thames Water have failed to maintain sufficient odour monitoring equipment at Mogden since it has been standard industry practice in the early 1990's. Following complaints from a particular area Thames have recently taken a high profile monitor out of service claiming it had been agreed to do so during the February 2005 residents meeting. Minutes of that meeting show no record of the matter having been discussed. Thames are required by law to issue quarterly newsletters to update the community on Mogden issues. They have failed to do so. Thames have refused to provide out of hours telephone numbers of duty managers so that off-site odour can be investigated. Thames have refused to monitor off-site odour. Thames are required by law to advise residents of any potential odour likely to be caused by plant maintenance, plant failure. Experience as recently as early February 2006 has showed us again that they are incapable of adhering to procedures. Hounslow Council have refused to address the problem and have refused to take expert advice. A new Odour sensing system has been developed by Manchester University and successfully trialed by Yorkshire Water. Neither Thames nor Hounslow Council were aware that such a new system existed. Thames have refused to investigate the merits of the new system preferring to stick with the old system at Mogden. The new electronic nose has been described as "a revolutionary new odour sensor system for use by STWS" MP Ann Keen met with Thames Water chiefs on 27 February to discuss our ongoing concerns about the management of Mogden. Despite repeated requests for an up to date assessment, Thames Water have failed to respond. However, following the meeting Ann Keens office has advised us: "Ann remains supportive of the action that residents are taking and will continue to lobby" The Community Group have issued a statement: "The ICG fully and unconditionally supports the Mogden residents' litigation and Group Action, and applauds the residents who have taken this initiative to improve the quality of life for all local people. "Furthermore the ICG has given its assistance and backing to the Mogden Residents' Action Group (MRAG) from the day it was created and recognises it as a definitive example of a community-based campaign which owes its success to its unswerving commitment to its objective, and to its unwillingness to compromise its independence in thought and deed"We believe legal action is the only way to deal with the situation and residents deserve compensation for the years of misery caused by Thames Water's apparent apathy. It has been shown that one cannot rely on the local authorities, Ofwat, Defra (and certainly not Watervoice) to deal with the problem. Don't miss out on this once in a lifetime opportunity to "improve the quality of life for all local people." For more information on registering your interest to claim damages, please contact MRAG27@aol.com or contact Hugh James Solicitors on Freephone 0845 402 3257. Hugh James are taking cases on a 'no win no fee' basis and this high profile case is also being backed by the Legal Services Commission (formerly the Legal Aid Board)Please feel free to pass this email to anyone you know who has suffered the Mogden stench or mosquitoes.RegardsMRAG CommitteePS. for your info we have pasted below a letter from the ICG which appeared in the press this week2005 - Worst Summer on record for residents neighbouring Thames Water's Mogden site.for latest information on Mogden Residents Action Group go to OnLine Communities Ltd Website www.mogden.org.uk For News and Views on local community issues visit http://www.twickenham-online.co.uk/Dear EditorAs we approach the local elections, I have seen a great deal of literature emanating from the Labour Party in more than one ward proclaiming the party's support for the work of the Mogden Residents' Action Group and for the residents' group litigation against Thames Water.Speaking as a founder and committee member of MRAG I am naturally grateful for offers of support from whichever quarter. The misery inflicted on thousands of local people by Thames with its pongs and mosquitoes is an issue which goes beyond party politics. It affects us all.So one can imagine how disappointed I was to learn that a recent meeting of the "Mogden Residents' Liaison Committee" (a vehicle provided by Thames Water to liaise with residents, but from whose meetings most residents have recently been barred) was attended by Labour councillors and officers from Hounslow Council, and that during that meeting not one of the councillors or officers present saw fit to even mention, far less protest, the exclusion of MRAG, the ICG, community councillors, the Ivybridge residents' group Ivytag and representatives of several residents' associations from that meeting.By attending these meetings and accepting Thames Water's agenda New Labour and the council must know that they legitimise the exclusion of campaigning residents and assist Thames in perpetuating the myth that it continues to liaise with the community.Saki once observed that whilst politicians are wedded to the truth, like many married couples they sometimes live apart. So too, it would appear, do the words and deeds of our local Labour Party.Yours sincerelyCouncillor Phil Andrews -Community, Isleworth ward.
Steve Taylor ● 7372d102 Comments