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DEFRA’s Litter and Refuse Guidance on Part 4 of the Environmental Protection Act 1990 states in reference to EPA S91 that:  “Local authorities and other duty bodies should inform the public about procedures for making a formal complaint, and the right to seek redress in the courts, if the litter duty is not met”.

I can see nothing to this effect on the HA or the DfT web sites.

Mr James Miller submitted a Warning Notice to the Secretary of State by e-mail about sections of the M25 and M3 on 5th October 2010. In spite of sending 2 progress e-mails he did not receive a response specifically referring to his notice until 19th December i.e.  45 days later.

I sent a Warning Notice to the Secretary of State, again by e-mail, about J8A of the M40 on 27th January 2011.  Again, in spite of progressing  a response with an e- mail on 3rd February and a recorded delivery letter on the 7th February I did not receive one until 18th February i.e. 22 days after sending the notice.

Mr Miller and I were both left with the feeling that our Notices would have been ignored completely if we had not been so persistent.

In both cases there was a breach of the Civil Service Commission Code of Practice for Staff which requires them, inter alia, to deal with the public efficiently, promptly and sensitively.

This recent record contrasts poorly with the previous government’s handling of my Warning Notice of Friday 19th February 2010.  A response was received on Tuesday 23rd February i.e.  just 2  working days later.


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