How Many People Need To Die Before The HSE Do Their Job?

Waiting for an internal review by Health and Safety Executive of their handling of this request.

Field Operations Directorate
The Health & Safety Executive
North West Division
Marshall House
Ringway
PRESTON

Dear Health and Safety Executive,

1] Complaint of Culpability Against the Department of Work & Pensions (DWP)
2] Allegation of Breach: Health & Safety at Work Act 1974 (as amended)
3] Inquiry Request: Corporate Manslaughter and Corporate Homicide Act 2007

On 2nd August 2011 your officials (Susan Higham in particular) at the Health & Safety Executive (HSE) were written to regarding press allegations that the Department of Work and Pensions (DWP) had culpability in 10 DEATHS of innocent people due to faulty and hazardous welfare reform procedures. That these were systemic failings by the DWP with orders that were and are dangerous to health and safety.

Since the letter of 2nd August 2011 AND reminder to your HSE office has been ignored, 2 MORE DEATHS have come to light where culpability leads to the DWP. These have been added to the list below.

Under the Freedom of Information Act, please can you advise:-

A] When will you reply to the original formal complaint letter sent to the HSE by Recorded Delivery on 2nd August 2011?

B] How many people have to die because of risky DWP welfare reform procedures that are EVIDENTLY dangerous, indeed FATAL before the Health and Safety Executive will investigate?

C] Given the clear pattern of REPEATED and AVOIDABLE deaths that the current welfare reform is allegedly causing, as listed below, I submit that this system is extremely dangerous. Will the Health & Safety Executive take the appropriate ex-parte court action and injunct or interdict any further DWP action that in all probability will cause more deaths, and seek the court keep that injunction or interdict in place UNTIL the DWP Employment Support Allowance and Work Capability Assessments et al., are made FIT FOR PURPOSE?

Anything less will be regarded as malfeasance by public officials at the Health and Safety Executive.

Regards,

Mr McLean

=================================================

RECORDED DELIVERY LETTER TO HEALTH AND SAFETY EXECUTIVE OF 2nd August 2011.....

I am writing to you in relation to the attached documentary reports surrounding the deaths of 10 disabled people.

Please can you commence a formal inquiry into each individual death, AND a global inquiry into the aggregate and ongoing death count now in double figures?

Even as I write this letter, I have a report of another suicide where there is alleged culpability by the Department of Work and Pensions.

I have written repeatedly to Iain Duncan Smith, Secretary of State for the Department of Work and Pensions alerting him and his officials to these deaths, and merely attract a missive stating they are 'very busy'. He should know about the deaths. He should be called to account. A contemporaneous set of the attached documents has been dispatched to Dame Anne Begg, chair of the scrutineer committee for Duncan Smith's department, and also the Commissioner of the Metropolitan Police for consideration of any criminality.

I would be grateful if you could email me confirming safe receipt of the attached documents and that you WILL take the DEATHS of 10 disabled people SERIOUSLY ?

Finally, I would be obliged if you could provide me with some form of comfort and/or assurance that as the Health and Safety Executive derive their funding from the Department of Work and Pensions, there WILL be some form of independence and removal of any undue interdepartmental influence attempting to dismiss or 'pass the buck' of my request that the HSE investigate the deaths of 10 disabled people where allegations of culpability attach to the DWP?

Thank you,

Mr McLean.

=====================================================
Below are the direct links to the reports of the suicides/deaths of 10 disabled people alleging some form of culpability to the DWP and their flawed 'Medical Assessment' system carried out in an unsafe manner on their premises (contrary to the Health & Safety at Work Act 1974)......

10 (Now 12) DWP Death Cases Referred to:-

1.
http://www.thisishampshire.net/news/9095...

2. http://www.chroniclelive.co.uk/north-eas...

3.
http://news.scotsman.com/arts/Author39s-...

4. & 5.
http://www.guardian.co.uk/commentisfree/...

6. http://www.thisishullandeastriding.co.uk...

7.
http://blogs.mirror.co.uk/investigations...

8.
http://www.guardian.co.uk/politics/2011/...

9. http://www.consumeractiongroup.co.uk/for...

10. http://www.mirror.co.uk/news/top-stories...

ADDITIONAL DEATHS SUBSEQUENTLY DISCOVERED SINCE THIS MISSIVE....

11.
http://www.thefreelibrary.com/PREGNANT+M...

12. http://www.thisislocallondon.co.uk/news/...

In addition two Attempted Suicides, serious enough to result in "Sectioning" under the Mental Health Act.

Plus an example of fatal Atos misdiagnosis....

http://www.guardian.co.uk/society/2011/j...

Dear Health and Safety Executive,

For many months, you have "lost" or "mislaid" several emails, telephone calls and RECORDED DELIVERY letters in relation to this issue.

Now it appear you have "lost" my Freedom of Information Request.

A few days ago, I saw on BBC Question Time, Iain Duncan-Smith confirm that he is your boss.

Perish the thought, but has the MULTIPLE loss of EVERY missive and communication I have sent in relation to 12 (now 14) deaths due to alleged culpability by the Department and Work & Pensions (DWP) going to continue to become "lost" as it would probably be career suicide for anyone within the Health and Safety Executive to touch this issue of alleged DWP-Welfare-Reform-Deaths with a barge pole?

Where Dr Harold Shipman got caught, the DWP get off Scott Free?

The trouble is, TWO main pieces of legislation REQUIRE you to act. You have NO exemption, NOR Crown Immunity.

Consequently, as you have prima facie BREACHED the Freedom of Information Acts I now REQUIRE you to commence and INTERNAL REVIEW?

Furthermore, as the DWP have NO Crown Immunity to allegations under the Corporate Manslaughter and Corporate Homicide Act 2007, I am REQUIRING you to commence an investigation into the EVER INCREASING DEATH TOLL where culpability has been alleged by various different sources against the Department of Work & Pensions.

In addition, I respectfully suggest you examine your own guidelines....

http://www.hse.gov.uk/corpmanslaughter/f...

If you fail to do your statutory duty, I shall have little option but to report the HSE Civil Servants to the appropriate regulatory authority for an allegegation of Misconduct in Public Office. A common law crime. I refer you to the Crown Prosecution Service Guidelines to help refresh your memory on failures evident at the HSE thus far in the horrendous list of CONTINUING and UNABATED deaths which the HSE are standing idly by and doing NOTHING to stop further and avoidable tragedies...

http://www.cps.gov.uk/legal/l_to_o/misco...

Whilst I look forward to your reply, given your considerable ignorance and propensity to lose most if not ALL emails, letters, telephone call notes, recorded delivery missives, and official FOIA enquiries, I am not holding my breath for a reply.

Yours faithfully,

Calum McLean
30th October 2011

Health and Safety Executive

Dear Mr McLean,

Following your email of 30 October 2011,  I recognised the subject matter,
so I made enquiries regarding your view that HSE has failed to answer your
requests for information under the Freedom of Information Act 2000. I
found that HSE has no record of receiving any requests in your name.
However, we do have records of requests for the same information from
someone else, under a different name and a different email address, which
were answered by HSE.

On 16 August 2011, HSE wrote to that person, informing them that we had
not received a letter of complaint dated 2 August 2011 and asked for the
address to which it had been originally sent. To date no reply has been
received by HSE. I looked at your correspondence on the 'what do they
know' site and noted that the missing letter of 2 August had been sent to
HSE's Preston office. The Preston office closed on 15 July 2011 and
arrangements were made for post to be redirected to HSE's office in
Bootle, Merseyside. However, there is no record of your letter being
redirected and received by HSE.

On 4 August 2011, HSE replied to a request received on 26 July 2011
concerning 10 serious incident cases, all of which appear on the 'what do
they know' site. The requester followed this up with four further
questions which were answered on 18 August 2011.

Is it possible that you are working with someone else and, that the
response you reference has actually been sent under a different name and
email address and the response has been received?

Although you have asked for an internal review, I think it would be
helpful if we waited for your reply, so that we can all be clear what it
is you are asking us to review. However, if a review is required, it will
only look at whether HSE has complied with the Freedom of Information Act
2000. It will not address the issue of whether HSE should or shouldn't
investigate the DWP/ATOS cases you have highlighted.

Kind regards

Steve Newman LLM, BSc (Hons)
FOI Unit
1G.26
Redgrave Court

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Steve Newman LLM, BSc (Hons)
FOI Unit
1G.26
Redgrave Court

Dear Mr Newman,

INTERNAL REVIEW REQUEST

Thank you for your update, and at last a name from a responsible individual within your nomadic and 'postally challenged' organisation.

I can confirm there are a number of people concerned about the multiple and ESCALATING death toll where culpability is alleged to end on the desk of the 'Directing Mind' of YOUR organisation and YOUR ultimate boss, the Secretary of State for Work & Pensions.

I now make additional substantiated and EVIDENT allegations that this death toll is continuing to climb with further INACTION of your responsible regulatory and investagatory safety organisation.

Please be advised of the death due to Department of Work & Pensions (DWP) cuts via local authority saving £30 a week of Mr Richard Sanderson, and leaving a bereft widow and fatherless child......

http://www.courtnewsuk.co.uk/newsgallery...

This is NOT media speculation but based on EVIDENTIAL material examined by police officers and studied in the Coroner's Court by HM Coroner.

Given this is a serious matter and the apparent FAILURE by your Health & Safety Executive (HSE) to investigate the issue, if continually stonewalled, WILL result in more deaths with the current total reaching 15 and likely to top 20 DEAD INNOCENT PEOPLE during the next year, we now make ALL FOI detail in the PUBLIC DOMAIN.

Consequently, I ask that you reproduce any of the 'missing' correspondence, 'APPROPRIATELY REDACTED' available in the PUBLIC DOMAIN so that members of the bereaved families, and the wider citizens of our society can study at first hand with forensic detail and fact, EXACTLY what the HSE have and have not done to reduce this appalling and continuing carnage?

Thank you.

Calum McLean
7th November 2011

Mr Steve Newman LLM B.Sc (Hons)
FOI Unit
Health & Safety Executive (HSE)
1G.26
Redgrave Court

Dear Mr Newman,

Today I took the time to email your organisation regarding 9 specific deaths PRIOR to warning the HSE, and 2 deaths subsequent to your organisation being FOREWARNED that this fatal hazard remains, AND is CONTINUING to allegedly cause DEATH.

As of this evening, 22.22 hrs 9th November 2011, none of these fresh FOI enquiries I made today has received the courtesy or proper formality of an acknowledgement concerning the DEATHS of 11 people as included within my list...

http://www.whatdotheyknow.com/user/calum...

For the sake of good form, and given the previous convictions that your organisation has for losing letters, losing emails and infracting the law by ignoring/losing/being late to reply to FOI requests, PLEASE can you make sure that each of the FOIs listed questioning your organisation....

http://www.whatdotheyknow.com/user/calum...

... have a formal and written acknowledgement provided for public domain witnessing on this WhatDoTheyKnow website? Thank you.

Next: in terms of the Freedom of Information Acts please can you name the chief executive officer, or equivalent of the Health & Safety Executive and confirm a correct and UP TO DATE service address upon which the appropriate legal documents may be delivered?

Please be in no doubt, if you and your colleagues continue to fail in your duty to protect the safety of people as detailed in the above death-list, you can expect formal legal procedings in the appropriate legal arena, jointly and severally against your organisation and its officials.

Please can you confirm that in terms of Schedule 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 that the Health & Safety Executive being a direct subsidiary of the Department of Work & Pensions IS included within this Schedule and Act? That Crown Immunity does NOT apply to the Health & Safety Executive?

http://www.legislation.gov.uk/ukpga/2007...

Yours faithfully,

Calum McLean
9th November 2011.

Health and Safety Executive

I am out of the office until 14th November. Please direct any FOI enquiries to the 'FOI Unit' email account or ring Jane Cloherty vpn 523 4164 (0151 951 4164).

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alan m dransfield (Account suspended) left an annotation ()

Calum
No wonder they are out of the office??!!. At least they haven't put you on a lifetime email ban as they did with me.

I have just reported the HSE to the ICO for similar FOI failures. The HSE have refused my FOI request on section 14/1 VEXATIOUS GROUNDS but that has all NOW been blown out of the water on a recent case history(see E/2011/0079 Alan M Dransfield v ICO.
In short, the ICO have recently lost their appeal to oveturn an earlier FTT decision which OVERTURNED an earlier ICO VEXATIOUS decision.

I have been chasing the HSE for details of their inquiry into a scaffold collapse in Exeter 2 years ago and they STILL haven't completed their inquiry.

<
The Devon County Council have also imposed a lifetime email ban on me,hence, I think they are complicit in a coverup on SEVERAL UNSAFE projects in Exeter.
Keep up the good works.
I note a scaffoder died in Exeter yesterday??!!

Health and Safety Executive

Freedom of Information Request Reference No: 2011110310

Dear Mr McLean,

I acknowledge receipt of your ten FOI requests which were received by HSE's London office on 9 November 2011.

[email address]
[email address]
[email address]
[email address]
[email address]
[email address]
[email address]
[email address]
[email address]
[email address]

The requests are all on the same subject, so I have combined them into one request for convenience.

I am dealing with it in accordance with the Freedom of Information Act 2000. Under the terms of the Act you are entitled to a response within 20 working days of receipt.

If we cannot meet this deadline we will let you know the reasons and tell you when you can expect a response.

In some circumstances a fee may be payable and if that is the case, I will let you know.

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

Kind regards

Steve Newman LLM, BSc (Hons)
FOI Unit
1G.26
Redgrave Court

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Health and Safety Executive

Dear Mr McLean

Freedom of Information Request Reference No: 2011110310

Thank you for your request for information about:

a copy of the Health & Safety Executive (HSE) Report into the tragic and avoidable deaths that had been reported in various newspapers regarding:

David Groves
Christelle Pardo
Kayjah Pardo
Paul Willcoxson
Richard Sanderson
Helen Mullins
Mark Mullins
Elaine Christian
Paul Reekie
Leanne Chambers

Your request was received on 9 November 2011 and I am dealing with it under the terms of the Freedom of Information Act 2000 (the Act).

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the Health & Safety Executive.

Details of reportable and non-reportable incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) can be found on the HSE website here: http://www.hse.gov.uk/riddor/do-i-need-t...

The Chief Executive for HSE is Geoffrey Podger. His address is:
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

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. Under the Freedom of Information Act an internal review will look at those parts of your request that asked for information held by HSE and whether HSE's response was correct. It will not look at other issues such as whether HSE should be investigating the cases you have highlighted, because they fall outside of the FOI Act's remit.

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
Tel: 01625 545700
Fax: 01625 524510
Email: [email address]
Website: http://www.informationcommissioner.gov.uk

Yours sincerely

Steve Newman LLM, BSc (Hons)
FOI Unit
1G.26
Redgrave Court

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Steve Newman LLM, BSc (Hons)
FOI Unit
1G.26
Redgrave Court

Dear Mr Newman,

APPEAL FOI and 10 Deaths

Please can you progress my Freedom of Information Enquiry up to the Health & Safety Executive (HSE) Internal Review level?

Notwithstanding the RIDDOR links you refer to, which I believe may stray into the realms or either passing the buck, or ultra vires, I am in a state of disbelief that the Health & Safety Executive are evidently by your own admission above, not the least bit interested in multiple deaths, and that you state the HSE has NO FOI detail on these whatsoever?

Surely your organisation should have some remit to investigate a pattern of Dr Harold Shipman clue/type linked deaths?

I am not sure in which jurisdiction you obtained your honours degree and whether you have any knowledge, for example of Scots Law, but we have case law known as the "Moorov Doctrine"...

Moorov (Samuel) v HM Advocate 1930.

The principle establishes the precedent of "similar fact evidence". Perhaps, given the gravitas of the issue raised in the missives above, you might examine whether there is similar precedent in England and Wales for the numerous deaths that have occurred? I have cited 10 deaths where there is alleged culpability tracing back to your boss, the Secretary of State, but now the total is up to 17 deaths.

So, with respect, I repeat the original statement of FOI request....

'How Many people Need To Die Before The HSE Do Their Job?'

I look forward to both the results of the Internal Appeal on the FOI legislation, and also strongly recommend you actually take the prompt that this FOI enquiry seeks to register in the public domain.

That is for the HSE to investigate the multiple deaths allegedly caused by current DWP-Welfare-Reform problems, and bear in mind that neither the DWP nor your staff are covered by Crown Immunity from the Corporate Manslaughter and Corporate Homicide Act 2007.

As a lawyer, you will also be aware of several other pieces of legislation that your office may be exposed to if the HSE fail to do their job, and at least INVESTIGATE these multiple and CONTINUED escalation of deaths?

You have been clear that an Internal Review will only cover the FOI aspect of our correspondence. However, I must caution you and your staff at the HSE, this website is a public, time stamped proof of the reports to your office of this Health & Safety ongoing multiple death issue.

If, after today, 6th December 2011, there are any further deaths where allegations are directed towards your HSE funding organisation, the DWP, then you can expect the matter and your organisations role to be referred to the appropriate police authority.

I trust this makes the seriousness of the matters raised crystal clear to your office?

Regards,

Calum McLean
6th December 2011

P. Wilkinson left an annotation ()

Well done Calum, they realise that you are not a force to be reckoned with. It is typical that whenever a gov agency does not want to answer a question they deny receiving it rather thatn take responsibility; unbelievably pathetic.

Health and Safety Executive

Dear Mr McLean,

Although you have asked for an internal review under the Freedom of
Information Act 2000 (the Act), it is clear from your correspondence
that your complaint concerns your view that HSE should be investigating
the cases you asked for information on.

The Act gives rights of public access to information held by public
authorities, it cannot consider whether HSE was correct in not
investigating the cases in the first place. Therefore, an internal
review under the Freedom of Information Act can only look at whether
HSE's response, that it didn't hold any information on the ten cases,
was correct.

I have already explained that suicides fall outside of HSE's remit, and
therefore HSE would not normally hold information on the ten cases,
however, a representative from HSE will be writing to you separately to
explain this in more detail. In the meantime, I do not propose to
undertake an internal review, but if you are unhappy with my decision,
please contact the Information Commissioner's Office.

Kind regards

Steve Newman LLM, BSc (Hons)
FOI Unit
1G.26
Redgrave Court

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Dear Health and Safety Executive,

Please pass this on to the person who conducts Freedom of Information reviews (NOT Mr Newman).

I am writing to request an internal review of Health and Safety Executive's handling of my FOI request 'How Many People Need To Die Before The HSE Do Their Job?'.

Your solicitor, Mr Newman appears to confuse corporate manslaughter and corporate homicide with suicide, and evidently uses the latter nomenclature as a blanket excuse in refusing to answer any part of my FOI enquiries. I quote Mr Newman....

"I have already explained that suicides fall outside of HSE's remit, and therefore HSE would not normally hold information on the ten cases, however, a representative from HSE will be writing to you separately to explain this in more detail. In the meantime, I do not propose to undertake an internal review, but if you are unhappy with my decision, please contact the Information Commissioner's Office"

Mr Newman is at best negligent in his reply. This matter does not EXCLUSIVELY concern suicides, but also the homicide of a child. There is also a legal case to be considered for wider insertion of corporate manslaughter inquiries due to the multiple and ongoing deaths that are occurring?

I suggest that Mr Newman is acting in an ultra vires manner dismissing my original request for an INTERNAL REVIEW by using the generic term 'suicide' to describe 10 (now 17) deaths due to a hazardous, dangerous, defective and fatal welfare reform system.

Consequently, I REQUIRE your organisation to obey the law. I REQUIRE an INTERNAL REVIEW. It may be the case that Mr Newman can evade or avoid answering some of the FOI questions that I have asked by passing the buck under the generic 'suicide' not down to us guvnor excuse. BUT as there are homicide and corporate manslaughter allegations made at various levels, I present the logical case that my FOI enquiry DOES fall within the HSE remit, and therefore you are obliged to obey the Freedom of Information Acts.

A full history of my FOI request and all correspondence is available on the Internet at this address:

http://www.whatdotheyknow.com/request/ho...

Yours faithfully,

Calum McLean

Health and Safety Executive

Dear Mr McLean,

I understand you have asked that your request for an internal review not
be passed to me. Nevertheless it has, because I am the most appropriate
person to deal with it and I have been handling your previous requests, so
understand the background. I have already informed you that if you are not
happy with my response (that HSE will not be undertaking an internal
review), you should write to the Information Commissioner's Office setting
out the grounds for your complaint. That position still stands. This is
not because I agree or disagree with the points you have made, but because
in my opinion, the information and guidance you seek is not covered by the
FOI Act. I have explained that we do not hold the information you have
requested.

Could I also take the opportunity to inform you that I am not a solicitor
or a lawyer. I am a freedom of information advisor for HSE. My law degree
is in Information Rights, Law and Practice, a course designed for FOI
practitioners.

I don't propose to enter into any more correspondence on this matter. If
you would like to appeal this decision, please contact the Information
Commissioner's Office at the following address:

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

If you would like to make a complaint about HSE's lack of involvement in
looking into the cases you have highlighted, please contact the Chief
Executive of HSE at the following address:

Geoffrey Podger
Health and Safety Executive
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

Details of HSE's complaints procedure can be found here:
[3]http://www.hse.gov.uk/contact/complain-a...

Kind regards

Steve Newman | Freedom of Information Unit
Health & Safety Executive | 1G.26 Redgrave Court, Merton Road, Bootle L20
7HS |

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Calum McLean left an annotation ()

Dear Information Commissioner,

I have tried to obtain information under the Freedom of Information Act (FOI) from the Health & Saftey Executive (HSE).

They (Mr Newman) have refused to conduct an "Internal Appeal". As such I believe the next protocol is to refer the matter to yourself as the Information Commissioner's Office (ICO) in order to progress the subject to the level of the ICO for full audit and investigation.....

http://www.whatdotheyknow.com/request/ho...

I trust the above link provides the full audit trail for you to commence an ICO inquiry?

Many thanks and best regards,

Calum McLean
20th December 2011

Mr Newman,

You state, and I quote ......

"I (Steve Newman, HSE FOI Unit) am not a solicitor or a lawyer. I am a freedom of information advisor for HSE. My law degree is in Information Rights, Law and Practice, a course designed for FOI practitioners.

I don't propose to enter into any more correspondence on this matter."

Mr Newman, sorry to point out the law, especially as you state your law degee is in FOI and Information Rights, but you WILL be REQUIRED by law and statute to correspond with me. Whether under FOI or other statute which involves you and the conduct of your department.

If you think your department can stonewall the deaths of 10 people, which has now escalated to 17 deaths by telling me to go away as you will not correspond you are either sadly mistaken, or poorly advised.

The ONLY way you will be achieving your goal of ceasing further communication is if the matter becomes sub judice. As a legal professional I will leave you to deduce what that means to you and your fellow civil servants standing idly by whilst many, many people die. There is a legal spectrum far beyond the relatively elemental FOI statute that covers the multitude of sins and omissions in this matter.

Yours faithfully,

Calum McLean
26th December 2011

jimmy3 left an annotation ()

People who believe that the original request was not answered correctly may be interested in following this url where you can obtain all kinds of information and find people who agree with you:

http://alturl.com/jzmeg

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