Published: Thursday 29 June 2023
Thames Water pleaded guilty and were prosecuted at Westminster Magistrates Court on Thursday 29 June 2023 under Section 65 of the New Roads and Street Works Act 1991 (NRSWA) for carrying out unsafe works in Egerton Gardens, South Kensington. They were fined £18,000 after the successful prosecution brought by Kensington and Chelsea Council. Thames Water were also instructed to pay a victim surcharge of £2,000 and the Council’s legal costs of £4,090.82.
On 30 September 2022, Thames Water were carrying out works in a manhole in Egerton Gardens when a Kensington and Chelsea Council officer attended the site and witnessed an operative working in one manhole chamber while another also had the cover removed. The operatives failed to fully enclose the works area with a continuous barrier system allowing members of the public to freely enter the works area which presented tripping hazards, especially to the visually impaired and any cyclists/motorcyclists that may have entered the area. The operative working in the manhole had also put himself at risk of harm.
Despite having sufficient equipment to enclose the works area correctly, the operatives failed to do so.
Cllr Cem Kemahli, Lead Member for Planning, Place and Environment said:
“Our Network Management officers are working hard to keep our residents and visitors safe by ensuring works are carried out in a safe and professional manner. This prosecution demonstrates that we will not tolerate unsafe works on our streets from Thames Water or any other company.
“It is important that companies proactively put safety measures in place to prevent risk of harm to the public and their employees.”
Since 2018, the Council have prosecuted Thames Water for Section 65 offences on five occasions with fines totalling over £92,000. A further four simple cautions have also been issued by the Council for Section 65 offences during the same period. Thames Water have been prosecuted under Section 65 NRSWA 38 times across London since 2011, with fines totalling approximately £338,956.81 including legal costs.