Alton Towers rollercoaster crash report

The request was refused by Health and Safety Executive.

Dear Health and Safety Executive,

I am interested in the causes and underlying factors contributing to the Alton Towers rollercoaster crash in June.

Are you investigating, or have you investigated this crash, yourselves ?

Do you have a copy of the accident report(s) (by you or by the operator) ? If so can I have them please ?

If report(s) haven't been finished yet, or can't be released to me now perhaps because they might be used for prosecutions, can you please let me know when to ask again.

Thanks in advance.

Yours faithfully,

Ian Jackson

Health and Safety Executive

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Thank you for contacting the Health and Safety Executive.

Health and Safety Executive

Dear Ian

 

Freedom of Information Request Reference No: 201511374

 

Thank you for your request for information held on the causes and
underlying factors contributing to the Alton Towers rollercoaster crash in
June.

 

Your request was received on 25 November 2015 and I am dealing with it in
accordance with the Freedom of Information Act 2000.

 

Alton Towers have concluded their investigation and have released a press
statement, however the HSE investigation is ongoing. 

 

The information is therefore exempt from disclosure under section 30(1)(b)
of the Act (investigations and proceedings conducted by public
authorities) in that it is information held by HSE for the purposes of an
investigation which may lead to a decision to institute criminal
proceedings.

 

Public Interest Test

 

The exemption relied on is a qualified exemption that is subject to the
public interest test. This means HSE has to balance the public interest
factors favouring disclosure against those favouring non-disclosure. In
this case, I have considered the following factors in favour of
disclosure:

 

             Promote transparency and build public confidence in HSE’s
investigative process;

             Secure the health and safety of employees and others;

 

And the following factors in favour of non-disclosure:

 

o Impede an ongoing investigation by hampering the gathering of
information and evidence;
o Inhibit HSE’s ability to conduct further investigations effectively
because, for example, third parties may be less willing to volunteer
information to HSE if information is disclosed inappropriately;
o Reduce the chances of a successful prosecution should the
investigation conclude that this course of action is appropriate;
o Unfair in cases where a decision is taken not to proceed to
prosecution.

 

After careful consideration, I believe that the public interest in not
disclosing the information outweighs the public interest in disclosing it,
because of the adverse impact it would have on the ability of HSE to
conduct investigations generally and this investigation in particular.

 

For your information, the Information Commissioner has considered, and
supported, a previous refusal by HSE to disclose information in the course
of an ongoing investigation in a Decision Notice dated 4 February 2010
(ICO reference FS50223414). Although necessarily based on the facts of the
case in question and considered under the Environmental Information
Regulations 2004 rather than the Act, the Decision acknowledged the
prejudice that disclosure of information could cause to HSE’s functions
and recognised that very considerable weight should be given to the public
interest in maintaining the exemption in such circumstances. Decision
Notices are available on the website of the Information Commissioner’s
Office (see below).

 

One consequence of the statutory time period in the Act for responding to
requests is that HSE does not allow your request to lie ‘on file’ until
the investigation is completed. I would therefore suggest that, if you
still require the information, you make a further application in 3 months
time.

 

All requests received following the completion of the investigation will
be dealt with under the terms of the Act and any exemptions considered
accordingly.

 

If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.

 

If you are unhappy with the decisions made by HSE you may ask for an
internal review within two calendar months of the date of this letter by
writing to me.

 

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:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

Email: [1][email address]

Website: [2]http://www.informationcommissioner.gov.uk

 

Yours sincerely

 

A Twigg

 

Mrs Anne Twigg
Freedom of Information Officer

 

Health & Safety Executive

Parklands Business Park

Lyme Vale Court
Trent Vale

Stoke on Trent

Staffordshire

ST4 6NW

Tel: 01782 602332

 

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References

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Health and Safety Executive

Hello Ian

 

Sorry, please quote  Freedom of Information Request No. is 201511381 and
not 201511374 as in my email below.

 

Kind regards

Anne

 

Mrs Anne Twigg
Freedom of Information Officer

 

Health & Safety Executive

Parklands Business Park

Lyme Vale Court
Trent Vale

Stoke on Trent

Staffordshire

ST4 6NW

Tel: 01782 602332

VPN: 512 2332

 

From: Anne Twigg
Sent: 26 November 2015 16:15
To: '[FOI #304368 email]'
Subject: TRIM: FREEDOM OF INFORMATION REQUEST 201511374

 

Dear Ian

 

Freedom of Information Request Reference No: 201511374

 

Thank you for your request for information held on the causes and
underlying factors contributing to the Alton Towers rollercoaster crash in
June.

 

Your request was received on 25 November 2015 and I am dealing with it in
accordance with the Freedom of Information Act 2000.

 

Alton Towers have concluded their investigation and have released a press
statement, however the HSE investigation is ongoing. 

 

The information is therefore exempt from disclosure under section 30(1)(b)
of the Act (investigations and proceedings conducted by public
authorities) in that it is information held by HSE for the purposes of an
investigation which may lead to a decision to institute criminal
proceedings.

 

Public Interest Test

 

The exemption relied on is a qualified exemption that is subject to the
public interest test. This means HSE has to balance the public interest
factors favouring disclosure against those favouring non-disclosure. In
this case, I have considered the following factors in favour of
disclosure:

 

             Promote transparency and build public confidence in HSE’s
investigative process;

             Secure the health and safety of employees and others;

 

And the following factors in favour of non-disclosure:

 

o Impede an ongoing investigation by hampering the gathering of
information and evidence;
o Inhibit HSE’s ability to conduct further investigations effectively
because, for example, third parties may be less willing to volunteer
information to HSE if information is disclosed inappropriately;
o Reduce the chances of a successful prosecution should the
investigation conclude that this course of action is appropriate;
o Unfair in cases where a decision is taken not to proceed to
prosecution.

 

After careful consideration, I believe that the public interest in not
disclosing the information outweighs the public interest in disclosing it,
because of the adverse impact it would have on the ability of HSE to
conduct investigations generally and this investigation in particular.

 

For your information, the Information Commissioner has considered, and
supported, a previous refusal by HSE to disclose information in the course
of an ongoing investigation in a Decision Notice dated 4 February 2010
(ICO reference FS50223414). Although necessarily based on the facts of the
case in question and considered under the Environmental Information
Regulations 2004 rather than the Act, the Decision acknowledged the
prejudice that disclosure of information could cause to HSE’s functions
and recognised that very considerable weight should be given to the public
interest in maintaining the exemption in such circumstances. Decision
Notices are available on the website of the Information Commissioner’s
Office (see below).

 

One consequence of the statutory time period in the Act for responding to
requests is that HSE does not allow your request to lie ‘on file’ until
the investigation is completed. I would therefore suggest that, if you
still require the information, you make a further application in 3 months
time.

 

All requests received following the completion of the investigation will
be dealt with under the terms of the Act and any exemptions considered
accordingly.

 

If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.

 

If you are unhappy with the decisions made by HSE you may ask for an
internal review within two calendar months of the date of this letter by
writing to me.

 

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:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

Email: [1][email address]

Website: [2]http://www.informationcommissioner.gov.uk

 

Yours sincerely

 

A Twigg

 

Mrs Anne Twigg
Freedom of Information Officer

 

Health & Safety Executive

Parklands Business Park

Lyme Vale Court
Trent Vale

Stoke on Trent

Staffordshire

ST4 6NW

Tel: 01782 602332

 

show quoted sections

 

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. http://www.informationcommissioner.gov.uk/
http://www.informationcommissioner.gov.uk/

Dear Health and Safety Executive,

Thanks for your reply. I will ask again later as you suggest.

Yours faithfully,

Ian Jackson