Incident involving Sheffield Countryside Conservation Trust

The request was successful.

Dear Health and Safety Executive,

Following a recent incident involving Sheffield Countryside Conservation Trust whereby a tree was dangerously felled and injured a child, has either a Notification of Contravention, improvement notice, or prohibition notice been issued, and are the HSE intending on taking prosecution action?

Yours faithfully,

Richard Davis

Health and Safety Executive

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Dear Health and Safety Executive,

Apologies, I forgot to ask. Has any enforcement action been taken or is planned with Sheffield City Council who awarded the contract to SCCT?

Yours faithfully,
Richard Davis

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Health and Safety Executive

1 Attachment

Dear Mr. Davis,

 

Freedom of Information Request Reference No: 201801382

 

Thank you for your request for information about:

 

Tree Felling – Sheffield Countryside Conservation Trust

 

Your request was received on 30/01/18 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 under investigation and action arising from the
investigation has not yet been completed.

 

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 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,

 

Chloe Gibbard

 

FOI Officer

 

[3]cid:image003.jpg@01D16D55.2740A210

Chloe Gibbard

Freedom Of Information Officer

 Health & Safety Executive, Foundry House, Riverside Exchange, 3
Millsands, Sheffield, S3 8NH

(: +44   0203 028 4942 | *: [4][email address]

 

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