A campaign group made up of local mums is prepared to take Havering Council to court over perennial fires at a former landfill. 

Clean Air in Havering says it wants to challenge the council’s decision to not designate Arnold's Field, in Launders Lane, as contaminated.  

The land has caught fire more than 100 times in the past five years, sending acrid smoke towards nearby houses. Soil analysis from November 2023 showed the land could contain asbestos, as well as plastic bags, crisp packets, bricks, cans, polystyrene and asphalt.

A pre-action letter has been prepared by Mishcon de Reya, a law firm in London, and campaigners have called it a “desperate last resort”. 

The council says it is aware of the proposed legal action but declined to comment further. 

Ruth Kettle-Frisby, one of the three campaign organisers, said the situation was “completely untenable” and “cannot continue any longer”. 

She told the Local Democracy Reporting Service residents in Rainham had become the “forgotten people of Havering”. 

She said: “Their distress has been minimised and invalidated. Nearby schools and parks have remained open while billowing smoke filled the air. It’s completely unacceptable – people are fearful for their kids’ futures.”

She added that clean air was a “public right” and “should not depend on where you live”. 

Emily Nicholson, a partner at the law firm, said there were “strong grounds” to argue the decision not to classify the land as contaminated was made without the “relevant factors” being taken into account. 

When councils make these decisions, they are required to consider whether the site causes or is likely to cause significant harm to health, the law firm says. 

She claimed: “The council have failed to apply the contaminated land statutory guidance properly, have not adopted a structured approach to risk assessment, relied on flawed air pollution data and inconclusive evidence in relation to groundwater contamination, and have failed to adequately consider the impact the site has on the physical and mental health of local residents.”

If the former landfill is legally designated to be contaminated land, then the council and the Environment Agency will have specific legal duties to ensure it is cleaned up. 

In August, Havering threatened the owners of the land with separate legal action if they did not do more to prevent the fires. 

The owners, DMC (Essex) Limited, said it would appeal the abatement notice and pointed to “historic waste previously deposited prior to the landowners’ purchase [in 2017]” as the cause.

Council leader Ray Morgon, chief executive Andrew Blake-Herbert and planning officers met with the landowner later that month. Cllr Morgon said officers would meet with the owners again to discuss proposals for the future of the site.  

Clean Air in Havering has started a Crowdjustice campaign in order to raise £16,500 to cover its legal costs. A total of 88 backers have so far put up more than £2,000. 

Ruth added: “We would like to avoid court if possible.

“We just want Havering to recognise it’s a public emergency and retract its decision not to designate land as contaminated.”

A spokesperson for the council told the LDRS: “We are aware of the proposed legal action by the Clean Air group and their associated petition.

“Due to any potential legal action that may follow, we are unable to comment further at this time.”

The London Fire Brigade previously said the fires were “distressing” and put firefighters at “unnecessary risk”.