teuchter
je suis teuchter
Once one of the emergency services raised an official objection, the council would have exposed themselves to legal action if they had overridden it and subsequently someone died or was seriously injured owing to emergency service response being delayed.
I am no lawyer but in principle, if you were going to take legal action against Lambeth on that basis you'd have to show that they failed to take reasonable and proportionate action in response to objections from the emergency services. The court would have to look at the nature of the objections raised, and then examine Lambeth's response to those objections.
The fire service told Lambeth that they had personal reports from staff that there was increased congestion on CHL. They didn't quantify this or offer any data on the extent to which this was affecting their response times. What would be a reasonable response to this? It would be to look at the possible causes of this congestion, monitor it and ask the fire service to supply any further information they gathered, and it would be to consider this information at the point when they were deciding whether or not to pull the scheme.
At the point where Lambeth were deciding whether or not to pull the scheme, they knew that the congestion seemed to have eased significantly and the fire service had not supplied them with any further information. So, if the fire brigade's objection was based on a problem that Lambeth knew had significantly diminished since the point in time at whch that objection had been made, then would it be unreasonable or irresponsible of them to continue the scheme in spite of it? No it woudn't and I think a court would agree.
The fact is that all of the concerns* from the emergency services were related to congestion on CHL which was easing at the point in time when the decision was being made. All three of the emergency services said in their statements that 8 weeks was too short a time to draw conclusive evidence from. The police stated explicitly that they believed the transitional period was still in effect. Lambeth had identified that (a) the congestion had reduced and (b) one of the causes had been the traffic lights at HHR, an issue which had been resolved.
*with the exception of the issue of the temporary physical barriers placed across the roads at various places, and it seems from the email correspondence with the ambulance service that Lambeth had agreed these would be removed in any case.