Alton Towers Smiler Crash

The request was refused by Health and Safety Executive.

Dear Health and Safety Executive,

I am interested in the causes and factors contributing to the Smiler rollercoaster crash at the Alton Towers theme park in June 2015. More importantly, I am interested in the issue of ride safety at theme parks. I am a Firefighter and I am looking at putting together a rescue plan for a theme park near to my fire station and this could be very helpful.

As such, I would like to see a copy of the accident report/s made by either HSE or Alton Towers. I would also like to see the findings of the investigation that concluded that the ride crashed due to “human error.”

I believe it is in the public interest to read the above mentioned report/s given the severity of the injuries received during the crash. Public safety is of imperative importance; as such, the public should be able to access the findings of the investigation and/or the accident report so that they can make informed decisions about whether theme park rides are safe.

Yours faithfully,

Daniel Vines

Health and Safety Executive

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Thank you for contacting the Health and Safety Executive.

Health and Safety Executive

Dear Mr Vines

 

Freedom of Information Request Reference No: 201608194

 

Thank you for your request for information about:

 

Accidents reported by either HSE or Alton Towers and the findings of the
investigation that concluded that the ride crashed due to “human error”

 

Your request was received on 11^th August 2016 and I am dealing with it
under the terms of the Freedom of Information Act 2000 (the Act).

 

I can confirm that HSE holds information about this incident. However, the
incident is currently the subject of ongoing criminal proceedings.

 

The information is therefore exempt from disclosure under section 31(1) of
the Act (law enforcement).

 

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 in the process of law enforcement

·              Maintain public confidence in litigation  

 

And the following factors in favour of non-disclosure:

 

o Impede the chances of a fair trial occurring
o Impede the chances of a successful prosecution occurring
o Inhibit other ongoing/potential proceedings

 

After careful consideration, I believe that the public interest in not
disclosing the information outweighs the public interest in disclosing
because of the adverse impact it would have on the ability of HSE to
conduct effective criminal proceedings and the delivery of justice.

 

One consequence of the statutory time period for responding to requests
contained in the Act is that HSE cannot allow your request to lie ‘on
file’ until the proceedings are completed. Can I therefore suggest that,
if you still require the information, you make a further application in 2
month’s time.

 

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

 

If you have any queries about this letter, 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

 

 

Mrs Marcia Shallcross

FOI Officer

 

 

 

HSE

 

Hornbeam House

Electra Way

Crewe

CW1 6GJ

 

TEL: 02030 281346

Working Pattern: Monday - Thursday

 

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References

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2. http://www.informationcommissioner.gov.uk/

Ian Jackson left an annotation ()

I have made another request for this report:

https://www.whatdotheyknow.com/request/a...