'Moral victory' for bin protester who is plagued by rats

Dr Frances Kennett, 62, was hauled before magistrates for withholding a proportion of her council tax over the decision to scrap weekly refuse collections.

She says the change has led to her home becoming infested with rats.

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District Judge Brian Loosley said he had no option but to make an order allowing the council to collect the unpaid £181 directly from her pay or through a bailiff.

But he told Dr Kennett: "You are not a criminal,"

He also refused the council's application to make her pay court costs.

In the first case of its kind in the UK, the judge told Oxford Magistrates Court: "I have every sympathy with her with regard to the rat infestation which appears to be caused by the council's decision to move to fortnightly waste collection."

"While I have no powers in the matter, I would hope that the city council, and particularly the environmental health department, would contact Dr Kennett to discuss her problem before taking any enforcement action."

He added: "I do not live in Oxford, I am lucky still to get weekly collections."

After the court hearing, Dr Kennett declared: "This is a moral victory. I hope it is the beginning of a change in council policy. I'm proud to have fought for that."

"This is a national problem. It is something that I am prepared to go the distance on.

"I simply cannot live like this, hearing the rats in my home every moment of every day."

Dr Kennett, a former fellow of Regent's Park College, now works as a fundraiser for Oxford University.

She told the hearing that the council, run by the Liberal Democrats, changed its rubbish collection policy last October and rats invaded her Victorian terraced home soon afterwards.

She first heard scratching noises around Christmas, when residents were forced to leave chicken and turkey carcasses outside their homes for two to three weeks before they were collected.

Accusing Oxford City Council of being negligent, she said: "The council has failed to give me a proper waste collection service since October 2006.

"I have, as a direct result of this, had rats in my house since early spring.

"Two houses, one council, one freehold, adjoining mine are also infected. The neighbourhood is blighted, which will also reduce the resale value of my home.

"No outside agency has the right to reduce my personal standards of housekeeping and hygiene."

The council's rodent prevention officers were unable to solve the problem and Dr Kennett has had to engage a private contractor. She claims this will cost £200, more than the tax she has withheld.

She now plans to appeal to the council's ombudsman to reduce her council tax rate to take account of her house's reduced value.

Dr Kennett's protest follows a Daily Mail campaign against fortnightly refuse collection schemes, which critics say are unhygienic and a risk to public health.

A recent report by the National Pest Technicians' Association said moves from weekly to fortnightly refuse collections had contributed to a 39 per cent increase in the number of rats.

Oxford Council said last night: "We will now issue a notice and she has 14 days to pay or offer some kind of payment. After that we can take further action.

"Dr Kennett can appeal on a point on law if she feels there has been an error on the liability order."

Councillor Jean Fooks, who holds the Cleaner City portfolio, said: "There is no evidence of a link between fortnightly collections and rat numbers.

"The number of call-outs we have received to rat cases this year has fallen compared to the same period last year.

"In Dr Kennett's area of the city the number of call-outs has halved since 2004.

"The problem with rats in that area is linked to a drainage fault and has nothing to do with alternate weekly collections.

"We are currently investigating with Thames Water to see what the exact fault is and whose responsibility it is to fix.

"We are sorry this resident is unhappy with the service she receives but we are doing all we can to help her with her rat problems."