Is Kent County Council aware of toxic lead pellets on a public footpath in Sturry

Ashley Mills made this Freedom of Information request to Kent County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Kent County Council,

Please respond to this FOI request:

i) Are you aware that toxic lead pellets have been found (and continue to be found) on the public footpath through Dengrove wood in Sturry?
ii) Are you aware that ingesting lead can have potentially fatal consequences to a child?
iii) Whom has a responsible duty of care to safeguard users of the footpath?

Yours faithfully,

Ashley Mills

 

Information request
Our reference: 2208733

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Dear Sir/Madam
 
Freedom of Information Act 2000
 
Thank you for your email which we received on 31 May 2018.
 
Kent County Council acknowledges your request for information under 
the Freedom of Information Act 2000.  Assuming KCC holds this information,
we will endeavour to supply the data to you as soon as possible but no
later than 28 June 2018 (20 working days from date of receipt).
 
We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information.
 
Please quote our reference - 2208733 in any communication regarding this
particular request.
 
Yours faithfully
 
 
Peter Wylie
Information Access Officer
Strategic and Corporate Services
 
NOTE: Please do not edit the subject line when replying to this email.

1 Attachment

 

Information request
Our reference: 2208733

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Dear Sir/Madam
 
Thank you for your request for information received on 31 May 2018.
 
Please find attached our response to your request.
 
Yours faithfully
 
 
Kirsty-Leigh Robertson
Information Access Officer
Strategic and Corporate Services
+443000418301
 
NOTE: Please do not edit the subject line when replying to this email.

Dear Kent County Council,

Thank you for the response to my FOI request. I have one additional question that I would like an answer to please:

1. If a child or animal consumes lead from the footpath and is injured, given that you have been informed of the danger, who would be held liable for the damages?

Yours sincerely,

Ashley Mills

Dear Ashley

Thank you for your email below, which I have passed onto the relevant team
to deal with. 

To clarify, this is now being dealt with as a follow-on query to your
previous request, under the same reference number 2208733.

The Freedom of Information Act (FOIA) does not legislate for follow-on
requests and therefore there is no statutory timeframe for us to respond
within.

 However, I will endeavour to supply the data to you as soon as possible
but no later than 31st July (20 working days from date of receipt).

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Dear Kent County Council,

Thank you for the response to my FOI request. I have one additional
question that I would like an answer to please:

1. If a child or animal consumes lead from the footpath and is injured,
given that you have been informed of the danger, who would be held liable
for the damages?

Yours sincerely,

Ashley Mills

show quoted sections

Kent County Council

1 Attachment

  • Attachment

    RE 0967 GT Lead Pellets COMPLETE BY 21st JUN 2018 2208733.html

    43K Download

Dear Sir or Madam

 

Thank you for your follow on request for information relating to lead
pellets on a footpath at Dengrove Wood , Sturry. I am pleased to provide
the response below:

 

If a child or animal consumes lead from the footpath and is injured, given
that you have been informed of the danger, who would be held liable for
the damages?

While any claims for damages stand to be determined on the facts specific
to the case our view is that as the landowner has been notified of the
issue the landowner would be liable.

 

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[1]http://www.kent.gov.uk/about-the-council...
on our website. Please quote reference 2208733.

 

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner’s website [2]http://www.ico.org.uk/concerns.

 

Yours sincerely

 

Kirsty-Leigh Robertson| Information Access Officer  | Information
Resilience & Transparency Team | Room 2.87, Sessions House, Maidstone |
Tel 03000 418301 | Fax 03000 420303 |
[3]http://www.kent.gov.uk/about-the-council...

 

Thank you for the response to my FOI request. I have one additional
question that I would like an answer to please:

If a child or animal consumes lead from the footpath and is injured, given
that you have been informed of the danger, who would be held liable for
the damages?

 

References

Visible links
1. http://www.kent.gov.uk/about-the-council...
2. http://www.ico.org.uk/concerns
3. http://www.kent.gov.uk/about-the-council...

Kent County Council

Freedom of Information - KCC would like to recall the message, "2208733 RESPONSE TO FOLLOW ON QUERY RECEIVED".

Kent County Council

Dear Sir or Madam

 

Thank you for your follow on request for information relating to lead
pellets on a footpath at Dengrove Wood , Sturry. I am pleased to provide
the response below:

 

If a child or animal consumes lead from the footpath and is injured, given
that you have been informed of the danger, who would be held liable for
the damages?

While any claims for damages stand to be determined on the facts specific
to the case our view is that as the landowner has been notified of the
issue the landowner would be liable.

 

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[1]http://www.kent.gov.uk/about-the-council...
on our website. Please quote reference 2208733.

 

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner’s website [2]http://www.ico.org.uk/concerns.

 

Yours sincerely

 

Kirsty-Leigh Robertson| Information Access Officer  | Information
Resilience & Transparency Team | Room 2.87, Sessions House, Maidstone |
Tel 03000 418301 | Fax 03000 420303 |
[3]http://www.kent.gov.uk/about-the-council...

 

Thank you for the response to my FOI request. I have one additional
question that I would like an answer to please:

If a child or animal consumes lead from the footpath and is injured, given
that you have been informed of the danger, who would be held liable for
the damages?

 

References

Visible links
1. http://www.kent.gov.uk/about-the-council...
2. http://www.ico.org.uk/concerns
3. http://www.kent.gov.uk/about-the-council...