Owen Tyley
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Date as email
Dear Owen Tyley,
FOI-21-4022
Thank you for your information request which was received on 31 January 2021. Your request
has been considered under the Freedom of Information (‘FOI’) Act 2000 (‘the Act’).
REQUEST
“I require a copy of any risk assessments made prior to the 1st of February, regarding
the eviction of protestors from Euston Square Gardens. This is to include any risk
assessments made by subcontractors, including but not limited to Control Risks Group
Holdings Ltd. and any subsidiaries and the High Court Enforcement Group Ltd. and any
subsidiaries.”
RESPONSE
I can confirm that HS2 Ltd holds information relevant to your request, however we are
withholding this on the following grounds.
Section 31(1)(a) – Law Enforcement – Prevention of crime
Section 31(1)(a) provides an exemption from the right to information if its disclosure into
the public domain would, or would be likely to, prejudice the prevention or detection of
crime. In this case the exemption is engaged because releasing the risk assessment for the
operations to evict protesters would prejudice the prevention of crime by facilitating the
possibility of a criminal offence being carried out. Providing the detail contained within the
risk assessments would provide useful intelligence to those wishing to disrupt HS2 Ltd’s
security functions now and in the future.
Further information on section 31 is available via the following link:
http://www.legislation.gov.uk/ukpga/2000/36/section/31
Please see
Annex A for further information about the relevant Public Interest Test for Section
31(1)(a).
Section 38(1)(b) – Endanger the safety of any individual
Section 38(1)(b) provides an exemption from the right to information if its disclosure into
the public domain would result in the endangerment of the safety of any individual. In this
case the exemption is engaged because releasing the risk assessment related to the
operations to evict the protesters from Euston Square Gardens would result in the risk of
accident to protesters as well as those involved in carrying out the eviction. Providing the
detail contained within the risk assessments would prejudice HS2 Ltd’s ability to safely
execute evictions now and in the future.
Further information on section 38 is available via the following link:
http://www.legislation.gov.uk/ukpga/2000/36/section/38
Please see
Annex B for further information about the relevant Public Interest Test for Section
38(1)(b).
For an update on the eviction of protesters from Euston Square Gardens please see our
statement on our media centre via the link below.
https://mediacentre.hs2.org.uk/news/statement-from-hs2-ltd-1
Right to Review
If you are unhappy with the way we have handled your request or with the decisions made in
relation to your request, you may complain in writing to HS2 Ltd. Please find below details of
HS2 Ltd’s complaints procedure which includes your right to complain to the Information
Commissioner. Please remember to quote reference number
FOI-21-4022 in any future
communication relating to this request.
Yours sincerely
J. Palmer
Briefings, correspondence & FOI Adviser
High Speed Two (HS2) Limited
Your right to complain to HS2 Ltd and the Information Commissioner
You have the right to complain to HS2 Ltd within 40 working days of the date of this response
about the way in which your request for information was handled and/or about the decision
not to disclose all or part of the information requested.
Your complaint will be acknowledged and you will be advised of a target date by which to
expect a response. Initially your complaint will be re-considered by the official who dealt with
your request for information. If, after careful consideration, that official decides that his/her
decision was correct, your complaint will automatically be referred to a senior independent
official who will conduct a further review. You will be advised of the outcome of your
complaint and if a decision is taken to disclose information originally withheld this will be
done as soon as possible.
If you are not content with the outcome of the internal review, you have the right to apply
directly to the Information Commissioner for a decision. The Information Commissioner can
be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF