⟡ “They Had the Power — But Say They Had No Duty.” ⟡
RBKC Formally Denies Liability for Mould and Sewer Gas Injuries, Stating Its Powers to Intervene Do Not Imply Legal Responsibility
Filed: 11 March 2025
Reference: SWANK/RBKC/LETTER-01
📎 Download PDF – 2025-03-11_SWANK_Letter_RBKC_Morrone_LiabilityDenial_EnvironmentalHarm_ElginCrescent.pdf
Summary: RBKC Senior Insurance Officer Giuseppe Morrone denies legal responsibility for hazardous housing conditions, stating no statutory duty existed to intervene.
I. What Happened
On 11 March 2025, Giuseppe Morrone issued a formal insurance liability decision on behalf of the Royal Borough of Kensington and Chelsea in response to a personal injury and housing harm claim filed by Polly Chromatic.
The letter:
– Offers condolences for the health impact and loss of a pet
– Denies Council responsibility for mould, sewer gas, or inspection failure
– States that RBKC’s statutory “powers” to act do not amount to a duty
– Suggests the landlord or Thames Water may be liable depending on the pipe location
– Confirms that no compensation will be offered
– Invokes limitation periods for legal claim timelines
II. What the Record Establishes
• RBKC’s legal position is that it can act on environmental health failures — but is never required to
• The Council is distancing itself from harm despite knowing the full facts
• Their reply admits harm occurred, but shifts all legal causality elsewhere
• This letter will be pivotal in any court filing or judicial review concerning duty of care, inspection powers, and harm
• It names senior officers and legal thresholds, making it fully actionable
III. Why SWANK Logged It
Because this is the page where liability denial became a policy position.
Because telling a mother to sue her landlord after they ignored mould complaints is more than cold — it’s calculated.
Because when a council says “we could have helped, but didn’t have to,” the archive answers back.
SWANK documents every line where power was mistaken for permission — and duty was denied for convenience.
IV. SWANK’s Position
We do not accept that local authorities can ignore medical danger with statutory impunity.
We do not accept that mould death and disability are the price of private tenancy.
We do not accept that sending condolences makes up for refusing action.
This wasn’t a letter. This was a liability firewall.
And SWANK will document every time institutional duty was dodged by redefining the word “optional.”
⟡ This Dispatch Has Been Formally Archived by SWANK London Ltd. ⟡
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