'Residents deserve better' - Legal update on families affected by Thornton cancer chemicals at former ICI site

Lawyers representing families affected by potential soil contamination in Thornton have called for progress on remediation after Wyre Council formally designated two local allotment sites as contaminated land.

The decision, taken at a meeting of the full council on 22 October 2026, applies to the allotments at Occupation Road and Sandringham Avenue, where high levels of perfluorooctanoic acid (PFOA), a type of so-called ‘forever chemical’, were found in soil samples.

The designation follows an investigation conducted jointly by Wyre Council and the Environment Agency (EA), which has recommended that the sites be classified as contaminated land since March 2026.

The allotments were closed earlier this year after testing identified PFOA levels above the interim Category 4 Screening Level for produce grown in an allotment setting. The threshold is used to help assess whether land is suitable for its current use.

Leigh Day partner Sarah Moore, who represents Thornton residents whose blood tests showed increased levels of PFOA, welcomed the council’s decision but criticised delays in acting on the Environment Agency’s recommendations.

“It is good to see that Wyre Council has finally acted upon the Environment Agency's recommendations, albeit there has been no explanation for the delays. We note that the council is now rightly prioritising liability and remediation assessments. It will be important that residents are kept updated on this and that we finally begin to see substantive remediation in the town.

“Residents deserve better than delays and buck-passing.”

Investigation into contamination

The Environment Agency and Wyre Council have been investigating potential PFAS contamination in Thornton since July 2024, with the AGC Chemicals site at Hillhouse Enterprise Zone, formerly operated by ICI, at the centre of the investigation. It is estimated that around 178 tonnes of PFOA have been released from the site since the 1950s.

During the investigation, expert scientists took shallow soil samples from both allotment sites. Testing found PFOA levels above the interim screening threshold for produce grown in an allotment setting.

The Environment Agency also found concerning quantities of PFOA in the land and in produce grown in the soil. These findings were cited by the council as grounds for the contaminated land designation.

Wyre Council said its decision was supported by detailed technical assessments carried out by the Environment Agency, the UK Health Security Agency (UKHSA) and the Food Standards Agency (FSA), as well as PFOA readings recorded in the Environment Agency’s Phase 1 and Phase 2 reports.

In October 2024, the Food Standards Agency advised residents to wash fruit and vegetables before eating them to remove soil and dust. That advice has not changed for produce grown in the allotments or in Thornton more generally. The agency has also advised residents not to consume eggs from within 1km of the AGC factory.

What are PFAS and PFOA and what does the contaminated land designation mean?

Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals often referred to as ‘forever chemicals’ because they can persist in the environment for decades, remaining in water, soil and air.

One of the compounds of concern is PFOA, which does not break down naturally in the environment. It has been classified by the World Health Organization as a carcinogen, and exposure has been linked to serious health risks. Because these chemicals can persist in the environment, contamination may affect communities for many years.

The legal process for formally classifying land as contaminated is set out in Part IIA of the Environmental Protection Act 1990. Under this legislation, land can be designated as contaminated if it is in such a condition that significant harm is being caused, or there is a significant possibility of such harm being caused.

In this context, harm can include damage to the health of living organisms and, in the case of humans, harm to property. Where land meets the relevant criteria, the local authority can issue a Part IIA notice. Wyre Council’s decision to designate the two allotments brings them within this formal legal process.

What happens next and details on legal action

Wyre Council said the designation would allow it to move to the next stage of the process: identifying who may be responsible for the contamination and seeking the remediation needed to reopen the allotments.

The council said this stage would involve ‘assessing liability for the contamination and to carry out discussions with the identified party to secure the remediation needed to bring the allotments back into use’

The council will now undertake a liability assessment to identify the person or organisation that might be responsible. It will then begin a consultation process with any parties that could potentially be liable. This consultation will last for a minimum of three months before the council considers proposals for voluntary remediation and decides whether formal enforcement action is necessary.

Leigh Day is continuing to develop a prospective legal case on behalf of those affected by the potential contamination.Sarah Moore’s team will continue to push for wider biomonitoring to be implemented, alongside reform of the contaminated land designation process and quicker intervention by government bodies when a problem is identified, at both local and national level.

The firm also plans to organise a further community meeting with residents and experts towards the end of 2026. Dr David Megson, who interpreted the results of PFAS blood testing in Thornton, and Professor Tony Fletcher, who presented at the previous community meeting and acted as a scientific consultant on the Jersey Report, are expected to attend during the autumn of 2026.

The meeting is intended to provide a further opportunity for residents to hear from experts as the investigation and legal process continue.