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Case 31 - Housing Association removed garden furniture for safety reasons

Issue

Residents of a housing block complained that plastic garden furniture in communal gardens could be dangerous if it is blown around during bad weather. The Housing Association removed the garden furniture citing' safety reasons.

Panel decision

Health and safety law does requires the housing company to protect its staff and residents from it own work activities and undertaking - eg from property maintenance but does not apply to the storage of domestic belongings within a communal garden. It seems the housing association has chosen to satisfy the complaints of one set of residents by taking a quick decision and hiding behind health and safety rather than properly consulting all the residents to identify a mutually acceptable solution.

2012-11-06