Dear Bristol City Council,

On Saturday 9 January 2010 the Head of Bristol City Council's
Caretaking Services told the Evening Post:

"Our legal services section have previously advised us not to grit
as this could leave the city council open to legal action."

Could you please supply me with a copy of this legal advice along
with the document or correspondence in which it is contained.

Could you also supply me with information regarding any advice from
your legal services department to your Highways Department or any
other BCC departments regarding clearing snow and ice from public
footways and pavements.

Could you also supply any information held by Bristol City Council
that enabled them to reach the conclusion that "[gritting of
footways]could leave the city council open to legal action."

Yours faithfully,

Bill Wren

Thank you for your request for Information made under the Freedom of Information Act.

Your request will now be dealt with and a response will be sent within 20 working days, starting from the next working day after your request is received.

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Dear Mr Wren,
Thank you for your request for information, a copy of which is enclosed
below.

I can confirm that this legal advice is not held. It appears that your
request may relate to an Evening Post article dated 5 February 2004,
titled "Snow go: Clear the way and be sued".

The article reads "A top Bristol lawyer has urged householders not to be
put off from clearing snow from pavements outside their homes in the wake
of a ruling in the House of Lords. In a bizarre legal twist, householders
who clear snow could find themselves sued if someone subsequently slips on
ice. But Stephen McNamara, the city council's top lawyer said "people
will only make themselves liable to be sued if they make the pavement more
dangerous than it was previously and someone is hurt as a result".

This response should answer your request in full, however if you are not
satisfied with this response or wish to lodge an appeal against any
exemptions that may have been applied, you can do so by writing to the
Data Protection Officer at Bristol City Council Legal Services, The
Council House, College Green, Bristol, or [Bristol City Council request email]. Details of
the complaints procedure can be found at
[1]http://www.bristol.gov.uk/complaints.

If, after you have exhausted the council’s complaints procedure, you are
still not satisfied with the response you have received you have the right
to complain to the Information Commissioner, details of your right to
complain can be found at http://www.ico.gov.uk/complaints.aspx

Copyright notice

The provision of information by Bristol City Council under this scheme
does not imply a right to reproduce or commercially exploit such
information without the Council's express prior written permission.

Reproduction or commercial exploitation of materials supplied under this
scheme without the express permission of Bristol City Council may be an
infringement of copyright.

The Council is unable to grant permission to reproduce or re-use any
material accessed through this scheme that is the property of third
parties. Permission to reproduce or re-use such material must be obtained
from the copyright holders.

For Head of Legal Services
Stephen McNamara

>>> Bill Wren <[FOI #26668 email]> 10 January 2010
10:40 >>>
Dear Bristol City Council,

On Saturday 9 January 2010 the Head of Bristol City Council's
Caretaking Services told the Evening Post:

"Our legal services section have previously advised us not to grit
as this could leave the city council open to legal action."

Could you please supply me with a copy of this legal advice along
with the document or correspondence in which it is contained.

Could you also supply me with information regarding any advice from
your legal services department to your Highways Department or any
other BCC departments regarding clearing snow and ice from public
footways and pavements.

Could you also supply any information held by Bristol City Council
that enabled them to reach the conclusion that "[gritting of
footways]could leave the city council open to legal action."

Yours faithfully,

Bill Wren

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http://www.bristol.gov.uk/services

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information at: http://www.bristol.gov.uk/newsdirect

View webcasts of Council meetings at http://www.bristol.gov.uk/webcast

Find out about the council's Cycling City project by visiting
http://www.betterbybike.info/cycling-cit...

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