Flood victims vow to fight on

The 1998 floods were the worst to hit Wales for decades

Families whose homes were ravaged by heavy floods five years ago are vowing to continue their fight despite a High Court judge rejecting their claim for compensation.

Nearly 100 families who live in Pantglas Fawr, in Aberfan, had their homes flooded after Merthyr council and the Coal Authority dumped thousands of tonnes of colliery spoil onto Grove Field opposite their homes in the 1970s.

They were forced to leave their homes in October 1998 as the waters swept through the village and caused damage valued at thousands of pounds.

A total of 32 families tried to bring claims for compensation against Merthyr Tydfil council and the Coal Authority.

The 1998 floods were the worst to hit Wales for decades and many of the families affected were forced to sleep in emergency shelters.

But at a hearing in Cardiff High Court, Mr Justice Royce ruled that despite the council and the coal authority conceding that they had caused the flooding by filling in and raising the level of the land, they should not pay compensation because they were not liable in law.

This ruling seems an obvious injustice and we will be lodging an appeal Simon Ellis, solicitor

A solicitor representing the families said that they would be lodging an appeal into the decision.

"This ruling seems an obvious injustice and we will be lodging an appeal," said lawyer Simon Ellis.

"Either something has been misunderstood in the testimony or the laws governing liability for this issue need a serious rethink.

"For the Coal Authority and Merthyr council to concede on the first day of the trial that they caused the flooding and then escape liability in this way is very hard for us and our clients to understand," he added.

It is not about the money - it is the fear that it could happen again and it is upsetting for everyone Mandy Kitto, resident

Mandy Kitto, one of the residents involved in the legal action, said: "We are all disappointed by the decision.

"Everybody on the estate is disappointed - it is just baffling how he could come up with that decision after it has been proven that putting the tips there caused the flooding in our homes.

"It is not about the money - it is the fear that it could happen again and it is upsetting for everyone," she added.

The decision to remove the colliery spoil was made after intense public pressure following the Aberfan disaster in 1966.

Houses in Pantglas were hit hard by the floods

A total of 144 people, including 116 children, died when the slagheap slid on to Pantglas Junior School in Aberfan on 21 October 1966.

It was decided to create playing fields at the Grove Field using the spoil to fill and raise the level of the land.

The houses affected by the flooding had been built five years before work began on Grove Field.

They had been constructed on pillars to ensure they were above the level of the road after it was recognised that the field was liable to flooding.

But it was not until Grove Field had been filled and raised almost threefold from six feet below the road to nearly 12 feet above, that the houses began having flooding problems.