Posted By Phil Rose Garry - I work for an LA and definitely not standard practice where we come from. If (and it is an if) we had to put scaffolding over a boundary in order to deal with one of our own properties, we would as a matter of routine visit the affected household and seek permission etc Sounds like a bit of a 'mix' up to me.

Posted By ian_f We are a PC and predominately work for a LA; this is not standard practice where I work, however as part of the risk management/control we ensure that the ownership of the said property/properties has been checked by the instructing department and as the previous post always ensure that some form of resident liasion has also taken place (as a double check). This may not happen in an emergency though... What type of work are the LA wanting to carry out? re-roofing/eaves renewal/external wall insulation/repointing works? There are some instances where the Access to Neighbouring Land Act may afford the LA access onto your land to carry out repairs to their property. Also the Party Wall etc Act in some instances provides access rights, however noticed would have had to have been consented to. I have found as of late that if the LA are threatened with the story going to the local press tends to make things happen! I have also seen said frustrated party chained to the scaffold and the scaffold lorry trapped in the drive - and you all thought Norwich was quiet! Alternatively, tell the LA you're get a court injunction...! Good luck!

Posted By sheman Garry Why not charge them for access?

Posted By Bob Shillabeer Be careful don't become the obstructive partner in this. Get your local councellor involved if you want waffle. Go to the relevant department and ask why the scaffold is being erected, is it an emergency? If not ask why they have not consulted on the issue with you and not asked permission to erect something that infringes upon your property. Don't go at it like a bull at a gate that will get them onto the defensive and may make them more obstructive. Be cooperative but firm, have they erected it for safety reasons if so what for. get the facts and then tell them to remove it if you are on a sound base.

Posted By Bob Y If I could be the 'voice of reason'. I really don't think that suing for trespass or calling the Police is necessary or realistic response; I doubt that the Police will attend for a moment and nor should they. I work for an LA, and although we no longer have Council Housing or a 'works' department, my experience is that if you ring the client officer in the relevant department at the Council and speak to them, I would guess that you will find that it has been a genuine oversight and that they will probably sort it out. I personally doubt that you need to get a Councillor involved.

Posted By MJWilliams Actually regardless of any health and safety issues the Party Wall Act would have applied here. In my opinion its an oft forgotten about piece of legislation. Worth checking up on.

Posted By Bob Y Justgossip - here is my 'typical council' response. Thank you for saying that my whole working day is an oversight. I will treat that with the contempt it deserves! Whether you care to believe it or not, my experience of working within an LA for many years is that the staff are in the main, very professional and dedicated people. Yes they make mistakes, something I would assume from your response that you have never done. It must be great to be so perfect. But maybe you are right, perhaps it wasn't an oversight but rather the Council has deliberately gone out of it's way to be a nuisance and create problems for itself to sort out. I really do not think so, but I could well be wrong. Lee Mac - I for one think that the Police have far better things to do. Frankly I can't believe that most Police would want to become involved unless there was likely to be a breach of the peace or similar. With respect to you, my suggestion was to call the Council, which from Garry original post I don't think that he had yet to contact, although he had tried to get the contact details from the contractor. It was the contractor that was unhelpful, not the Council. In fairness we haven't even established whether the fault lies with the contractor or the Council; have we; except for the contractors comment blaming the Council? I am reasonably confident that Garry's complaint would be dealt with sympathetically, although Garry may subsequently prove me wrong. Despite the suggestion here, Councils in my experience do not go out of their way to create problems, but they do get things wrong and they do a pretty job of putting them right. What I can say is that Councils are dealing with an ever increasingly, 'demanding' public and many of the calls instigated to our offices are unnecessarily rude, abusive and unhelpful. You are quite right, manners do go a long way and I just wish that more of the people that called into this office here realised that rather than 'Council bashing' that I have witnessed here.

Posted By Bob Y Lee Mac I have no intention of getting involved in a tit for tat either, I was merely pointing out that as far as Garry's post is concerned, his contact so far has been with the contractor not the Council. It seems to me that contacting the Council to try and resolve the matter seemed a more proportionate response than involving the Police, and I would have thought it would be more productive as well, as I don't think that the Police are going to arrange for the scaffolding to be moved. I am more than happy to be wrong on that one.

Posted By Phil Rose And I thought that health and safety was about being reasonable and proportionate! Suing for trespass Suing for or claiming non existent injuries Calling the Chief Executive Calling the Councillor Calling the Police (most, not all trespass is a civil matter). Could I suggest calling the Local Government Ombudsman, Gordon Brown, the Chief of the Defence Staff or perhaps the Secretary General of the UN? Isn't this disproportionate reaction just the sort of thing that gets health and safety a bad name time and again? Come on chaps, surely the 'Bobs' have a point? I would have thought that the starting point should simply be to call the Council department responsible. I have generally found that in these circumstances, the Bob S approach tends to be the most likely way to get a result. Be calm and polite and this will in the majority of cases almost certainly be met with the same and get yourself a satisfactory result. Bob S - please do not mention the H&S Law Poster ;-) - only teasing ya!

Posted By Glyn Atkinson Concerned Too - 1/2 hour appt with Citizens Advice or free solicitor meeting - then a claim through the small claims court.

Posted By Garry Mcglaid Concernedtoo, Sorry to here about your predicament, its frustrating as hell to understate things. Apologies i never followed up my original post, a mixture of fury and going on holidays managed to put things to the back of my mind. The conclusion in my issue was i demanded the council and contractor removed the scaffold. The property in question was an ex local authority house purchased in a private sale, so i had no issues with me having to allow access as part of my deeds. As a very easy going and accommodating guy i would have had no problems allowing acces if i had been giving some courtesy. I am also on really good terms with the family who needed the works carried out, so again would have been pretty laid back. My problem stemmed from the total arrogant attitude from the council and the contractor, who when told my problem replied, "well someone should have told you". You dont say!! Phil, I am afraid i did get unreasonable and disproportinate, but only after dealing with that attitude, and i am afraid i wanted to do all those things aforementioned. Ron, i have no problem naming and shaming, North Lanarkshire council. I personally found it scary the way these folk organise things. Corcernedtoo, you have my sympathy, however i would suggest if your local authority is anything like mine, save yourself the price of a stamp and envelope, and go elsewhere for assistance and advice. Regards Gaz

Posted By Merv Newman This is no longer about health and safety. If it ever was. Merv

Posted By water67. Hi, Whilst i can understand some irritation. I kinda agree that you may be going over the top. If the scaffold is erected correctly, there is no risk etc. Then I think a letter explaining your concern re no one notifying you etc. and leave it at that. after all repairs, maintenance etc. needs to be done.. just feel this smacks a wee bit of the "Englishman home..castle" view. Cheers.