⟡ “The Gas Was Real. The Duty, They Say, Was Not.” ⟡
RBKC Reiterates Its Refusal to Accept Liability for a Prolonged Sewer Gas Leak, Claiming No Statutory Duty Despite Known Risk to Health
Filed: 11 March 2025
Reference: SWANK/RBKC/EMAIL-07
π Download PDF – 2025-03-11_SWANK_Email_RBKC_Morrone_LiabilityDenial_SewerGasHazard_ElginCrescent.pdf
Summary: Giuseppe Morrone reasserts RBKC’s legal position denying all liability for prolonged sewer gas exposure, stating the Council has “powers, not duties,” and instructs Polly Chromatic to sue the landlord instead.
I. What Happened
On 11 March 2025 at 9:47 AM, RBKC’s Senior Principal Insurance Officer Giuseppe Morrone responded to Polly Chromatic’s statutory complaint regarding a severe sewer gas leak at Flat E, 37 Elgin Crescent. His response:
– Reasserted the Council’s denial of liability
– Claimed that statutory powers under housing law do not imply a duty
– Advised Polly to pursue her landlord in court
– Clarified that this denial applies specifically to financial losses
– Referred all further concerns to the RBKC Complaints team, despite their Stage 1 closure
– Explained that unless solicitors are appointed, the claim will default to CCMCC via DCP
II. What the Record Establishes
• The Council maintains a legal firewall around its failure to intervene
• Despite the severity of a toxic sewer gas leak, RBKC refuses to accept responsibility
• The strategy is clear: deny duty, deflect liability, and refer back to internal departments
• It provides explicit confirmation that your next legal action must bypass DCP unless RBKC appoints legal counsel
• It creates a procedural paper trail of official refusal despite life-threatening exposure
III. Why SWANK Logged It
Because the difference between “power” and “duty” is a legal trick with medical consequences.
Because telling a disabled mother to chase her landlord through court while sewer gas poisons her home is not safeguarding — it’s abandonment.
Because this is the moment the Council said: we won’t stop it, and we won’t pay for it.
SWANK archives every denial that let the poison linger.
IV. SWANK’s Position
We do not accept that environmental poisoning is exempt from accountability.
We do not accept that duty vanishes just because legal responsibility is inconvenient.
We do not accept that sewage in the air is someone else’s problem — when you’re the Council.
This wasn’t a response. It was a refusal in legal costume.
And SWANK will file every paragraph they used to delay relief.
⟡ This Dispatch Has Been Formally Archived by SWANK London Ltd. ⟡
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