News
Fire service’s High Court action against HM Coroner dismissed by judge
THE TRAGIC events of 17th September 2019 have once more surfaced in the public domain following the dismissal of an application made by the Mid and West Wales Fire & Rescue Service by the High Court.
Joshua Gardener, a promising young firefighter from the Service, met with a tragic end that day.
A training exercise on the River Cleddau, involving two boats operated by the Fire & Rescue Service, resulted in a collision that claimed Joshua’s life.
In the aftermath of the accident, the Marine Accident Investigation Branch (MAIB) undertook a detailed investigation. This culminated in a report, dated 4th November 2020, outlining various conclusions about the incident, many of which were very critical of the Fire & Rescue Service.
The Marine Accident Investigation Branch (MAIB) explained that the fatal boating collision occurred due to ‘uncoordinated manoeuvres at speed within the same water area’. It was reported that neither of the boat helmsmen recognised the looming danger until it was too late.
Firefighter Josh Gardener suffered a fatal blow to the head from one of the boats involved. The MAIB emphasised that the tragedy could have been averted had there been someone in overall charge of the training exercise.
A significant observation made by the MAIB was that neither of the boat crews was maintaining an adequate lookout.
Chris Davies, Chief Fire Officer of Mid and West Wales Fire And Rescue Service, expressed deep condolences for the loss of Firefighter Gardener and acknowledged the findings of the MAIB report.
He added that, following their internal investigations, several of the report’s recommendations have been implemented by the service since the unfortunate incident of September 17, 2019.
Despite this, with an impending inquest into Joshua Gardener’s death by the HM Acting Senior Coroner for Pembrokeshire and Carmarthenshire, disagreements arose between the Fire & Rescue Service and MAIB regarding how the report and its findings should be presented and approached during the inquest.
The Coroner’s ruling of 28th October 2022 clarified that the findings of the MAIB report concerning the accident’s cause will serve as conclusive evidence in the inquest, meaning these findings would be indisputable. Interestingly, the Coroner’s Office was not present or represented in court as it chose not to actively participate in the proceedings.
Representing the MAIB’s interests were government lawyers, ensuring their stance was clearly presented and defended.
This dispute saw significant delays, with the inquest into Gardener’s death yet to commence even nearly four years post the tragic event. The delays, whilst procedural, have had a palpable impact on the grieving family of Joshua, leaving them in search of closure.
The Fire & Rescue Service subsequently sought a judicial review of the Coroner’s decision, based on seven grounds. This brought to light several pressing issues:
- Report Presentation in Inquest: A significant contention revolved around how the MAIB report should be presented before the jury. The Fire & Rescue Service challenged that fairness requires them to question criticisms in the report and to give evidence in response.
- Fresh Investigation Consideration: The Fire & Rescue Service claimed the Coroner misapplied the criteria to determine if a fresh investigation was necessary rather than relying on the MAIB report.
- Misunderstanding of Applicable Law: The Fire & Rescue Service alleges that the Coroner misunderstood regulatory standards, leading to a flawed perspective on the MAIB’s investigation and report.
- Engagement with Submissions: The Fire & Rescue Service believed the Coroner misunderstood its submissions and failed to engage with them adequately in the Ruling. This, they argued, resulted in an incomplete and potentially skewed analysis of their challenge.
Mr Justice Eyre, after a comprehensive review of the presented facts and arguments, dismissed the application brought forth by the Mid and West Wales Fire & Rescue Service in July 2023. The judge’s decision was rooted in procedural rigour, clarity over jurisdictional matters, and understanding the scope and purpose of the inquest.
As Pembrokeshire watches on, this case serves as a sombre reminder of the tragic events of 2019, and the ongoing journey to justice and closure for the family of Joshua Gardener as they await the final inquest nearly four years later.
Community
Restoration of a pond hopes to support biodiversity in Pembrokeshire
AN OLD millpond at the heart of the Wallis and Ambleston community, and a site of Special Scientific Interest, has now been improved to benefit water quality and increase biodiversity in an area of South Wales, thanks to funding from Nestlé Waters UK.
Wallis Pond was created in 1836 as part of the tributary of the Wester Cleddau River to supply water to a local mill. Back in 1978, it was restored and later re-opened by HRH King Charles III, the then Prince of Wales.
Over the years, the pond had become completely silted up, restricting the waters passage and the pond’s ability to retain water, resulting in a reduced diversity of habitat in and around the millpond.
Pembrokeshire County Council, Heavyside Landscapes and Nestlé Waters UK have come together to restore the millpond with regulatory guidance from Natural Resources Wales and support from the Ambleston Community Council.
The project saw the pond re-dug and de-silted, and the old sluice gate replaced to re-establish the millpond. With the pond now able to hold more water, it is hoped to help build resilience to the increased frequency and intensity of storm events, alleviating the risk of flooding in the local area.
Retention of flows in the pond for a longer time should help reduce silt build-up and prevent nutrients such as phosphates and nitrates from travelling downstream in the Cleddau catchment, helping to protect water quality, improve aquatic habitats, and encourage eels, otters, damselflies, and other wildlife species.
Restoration of Wallis Pond is one of the projects that Nestlé Waters is working on as part of its efforts to help regenerate local water cycles and create a positive water impact everywhere the company operates.
Matthew Faulkner, Factory Manager at the Nestlé Waters site in Princes Gate, said: “We are proud to be a part of the Wallis Pond restoration work, aimed at delivering long-lasting benefits in Pembrokeshire, where we bottle at source Princes Gate and Nestlé Pure Life waters. This beautiful landscape is not only our home, but also home to some incredible flora and fauna which are vital for keeping the area rich and thriving in biodiversity.
“We’re working hard to protect this land and the water beneath our feet. Water is a shared resource and a shared responsibility, and caring for it takes the whole community. That’s why we’re grateful to be working with partners on this project that will hopefully have a positive impact on the local ecosystem and community.”
Cllr Rhys Sinnett, Cabinet Member for Residents’ Services at the Pembrokeshire County Council, said: “We welcome this funding to enhance the biodiversity in Wallis Pond which can be enjoyed by the residents of Ambleston, the wider communities in Pembrokeshire and the visitors to our fantastic county.
“This is an excellent example of partnership working that has significant benefits for the environment and the wellbeing of generations to come.”
Eirian Forrest, Clerk at the Ambleston Community Council, said: “We are grateful to Nestlé Waters UK for the funding and wish to thank everyone who has been involved in this project, especially the Pembrokeshire County Council team, for pushing the project forwards.
“The Community Council are delighted that the work has finally been done and look forward to the positive impact it will have on biodiversity. We have already received many positive comments from members of the community. The improved pond encourages locals to take a walk around the area, as well as sit down to watch and enjoy the wildlife.”
Community
£1.7m to support families and individuals facing food poverty
FAMILIES and individuals across Wales struggling with the cost of food will receive vital support this winter through £1.7m of additional funding from the Welsh Government. This funding will provide help to those most in need and back community projects working to prevent and tackle food poverty in the longer term.
The funding will:
provide emergency food aid by helping local groups to store and distribute food to people who need it most, while also addressing the underlying causes of food poverty;
support FareShare Cymru by purchasing equipment to store and deliver fresh food during the winter months and running food education activities to help low-income families and individuals manage rising costs; and
strengthen food partnerships in every local authority area in Wales, helping them to address local needs and ensure resources reach those facing the greatest challenges.
The Wales-wide funding will be announced today at Cegin Hedyn community kitchen in Carmarthen. Cegin Hedyn, a Pay What You Can Canteen and Community Kitchen, is part of a network of organisations tackling food poverty, and works with Carmarthenshire Food Partnership, Bwyd Sir Gâr Food.
Bwyd Sir Gâr works closely with groups and initiatives across the region to provide targeted support to those who need it most.
Cegin Hedyn ensures that everyone can have access to fresh, organic, seasonal produce, with produce being grown steps away in their Community Allotment. Bwyd Sir Gâr Food has also been providing vegetables, grown at Bremenda Isaf farm in Llanarthne, to Cegin Hedyn and has been offering mentoring and support to the volunteers at the allotment.
Cegin Hedyn is run by chef Deri Reed. He said: “This funding is a lifeline for communities like ours, ensuring that we can continue to provide fresh, nutritious meals to those who need them most while building a more sustainable and inclusive food system. At Cegin Hedyn, we believe in the power of food to bring people together and create positive change.
“This support will help us expand our reach, grow more organic produce locally, and strengthen the food partnerships that make a real difference in tackling food poverty in Carmarthenshire and beyond.”
Food Sense Wales works closely with Bwyd Sir Gâr and Food Partnerships across Wales to help create sustainable solutions to enable everyone to enjoy healthy and sustainable food.
Katie Palmer from Food Sense Wales said: “By strengthening its support for food partnerships across Wales, the Welsh Government is recognising the importance of building resilience in local food systems – both in terms of diversifying local supply chains, and by building and organising assets and civil society in a way that is unique to the needs of the local community.”
The Cabinet Secretary for Social Justice, Jane Hutt, said: “No one should have to worry about how they’re going to put food on the table. As a government, we are committed to tackling food poverty and ensuring support reaches those who need it most.
“This new £1.7m package of funding will provide both local relief to those struggling with food costs and lay the groundwork for longer-term solutions to prevent food poverty. By supporting emergency aid, food education, and local partnerships, we are addressing this crisis from all angles.
“Local food partnerships are vital in this effort. They work with inspiring projects, like Cegin Hedyn, which not only provides meals for people, but also brings people together and supports the wider community. Their efforts show what can be achieved when local groups and wider networks come together to support those most in need.”
The additional funding builds on the £2.8m the Welsh Government has already allocated to help address food poverty this year, and brings the total to more than £24m invested in this area since 2019.
Community
Safe, warm, and connected: community hubs helping communities this winter
SAFE, warm, and connected: community hubs helping communities this winter
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Safe and warm hubs are providing vital support this winter, offering welcoming spaces for people to stay warm, connect with others, and access advice and services during difficult times.
In the aftermath of Storm Darragh, which left many households without power, these community hubs have become a lifeline. Developed locally to meet local needs, Warm Hubs also offer practical support, including advice on debt and welfare entitlements; opportunities to try new activities and form friendships; and information about financial and community services.
This week, the Cabinet Secretary for Social Justice, Jane Hutt, visited the safe and warm hub in Llanddewi Velfrey in Pembrokeshire to meet volunteers and to thank them for their dedication.
Lynda Hill, representing Llanddewi Velfrey Village Hall Committee, has volunteered at the hub since 2002 helping to manage the hall and organise events.
She said “We are particularly grateful for the help from the Warm Rooms initiative as it helps us to help those in our community who are in most need. Many homes in this area lost their electricity and water for quite a long time during and after Storm Darragh. Fortunately, this didn’t affect the hall so we opened to provide access to a warm space where anyone could use cooking facilities, toilets, charge their phones, and connect with others when they may have otherwise been isolated.
“Listening to stories of other halls and community initiatives whose representatives attended the meeting, it was inspiring to hear the huge range of support that is available across Pembrokeshire. We all want people to know we’re here throughout the winter, and that the Warm Rooms hubs provide a warm and friendly welcome for people of all ages and background.”
Across Wales, safe and warm hubs also offer practical support, including advice on debt and welfare entitlements; opportunities to try new activities and form friendships; and information about financial and community services.
In October, the Welsh Government announced £1.5m in funding to ensure hubs can continue their crucial work this winter.
The Cabinet Secretary for Social Justice, Jane Hutt, said: “Hubs, like the one in Llanddewi Velfrey, are a great example of communities coming together to support one another during tough times. Volunteers are at the heart of these spaces, creating a warm and inclusive welcome for people in need.
“We know the winter months can be difficult for many, which is why we’re doing all we can to alleviate financial pressures and maximise incomes. Our investment in safe and warm hubs forms part of a wider package of support to help people through the cost-of-living challenges.”
Pembrokeshire Association of Voluntary services has been instrumental in channelling the funding for warm spaces and hosts a regular forum for those involved with community buildings, which is invaluable for sharing ideas and experience.
Other Welsh Government initiatives to help communities this winter, include:
the Welsh Benefits Charter to remove barriers to claiming benefits;
£30 million for the Warm Homes programme to improve energy efficiency in lower-income households;
an extra £700,000 for the Fuel Bank Foundation to help those who pre-pay for their fuel and are at risk of disconnection – building on the £5.6m provided since 2022; and
an additional £1.7m to support families and individuals facing food poverty, building on the £2.8m the already allocated this year, bringing the total to more than £24m invested in this area since 2019.
For advice on financial support, people can contact the Advicelink Cymru ‘Claim What’s Yours’ helpline on 0808 250 5700.
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