Some months ago the Advertising Standards Authority was asked to look at the Contractor's Claims regarding the 'Eco Park' incinerator at Charlton Lane. As will be seen from the attached link, only one of the five complaints was upheld: http://www.asa.org.uk/ASA-action/Adjudications/2011/5/SITA-UK-Ltd/TF_ADJ_50367.aspx

Since then, the findings of the ASA were appealed to The Independent Reviewer of ASA Adjudications, Sir Hayden Phillips and in a letter dated 25th August he wrote the following:

"As promised in my letter of 14 June 2011 I am now writing to let you know my conclusion on the request set out in your email to me of 13 June 2011 and in the light of the statement of case which you enclosed. I believe there are grounds for my taking the matter further. In due course, after I have completed some further work, I shall bring the case back to the ASA Council.

The next step is that I must give the advertiser the opportunity of commenting on your statement of case. Having considered any such comments, I will then invite the Council to decide whether or not to retain unchanged its published adjudication in this case. The Council will have before your email of 13 June and its enclosure. The Council will also have a recommendation from me as to the decision I consider it should make, but it is in no way bound by that recommendation. The Council’s ruling following its reconsideration is final. I will, of course, write to tell you of that ruling as soon as I know what it is.

I know you will understand that my decision does not necessarily imply that the Council will change its original verdict or any other aspect of the adjudication. It indicates simply that, having reviewed the ASA file in the light of your request and of the arguments you have put to me, I am satisfied that the Council should be given the opportunity to reconsider its adjudication.

Yours sincerely

Hayden Phillips*

(Sir Hayden Phillips GCB DL)"

LOSRA has been informally advised that requests for reconsideration of adjudications by the Independent Reviewer are unusual.

*Sir Hayden Phillips GCB DL is Chairman of the National Theatre, Independent Reviewer of the Adjudications of the ASA, a non-Executive Director of a number of companies and Chairman of Marlborough College. He was Permanent Secretary of the Lord Chancellor's Department from 1998 to 2004, and Permanent Secretary of the Department of Culture, Media and Sport from 1992 to 1998. Before that he held senior positions in the Home Office, the European Commission, the Cabinet Office and the Treasury. He became an Hon Bencher of the Inner Temple in 1998. He lives in Wiltshire (where he and his wife have a farm) and in London. Most recently known for his enquiry into political party funding and campaigning.