Ministers letter -Death of Wendy Brennan

The request was successful.

Dear British Waterways Board,

I refer to a letter sent by Richard Benyon, MP, in response to a coroners 'rule 43' report which found failings in BW's tree management systems which might cause similar deaths.

The Waterways Minister's reply indicates that BW carried out a review of their tree management policy and that the Heath & Safety Executive also carried out some sort of review or investigation.

Please provide via whatdotheyknow.com a copy of BW's internal review.

Please also provide a copy of any output from the HSE review/investigation.

Yours faithfully,

Allan Richards

Dear British Waterways Board,

I understand that Marine Accident Investigation Branch were also involved.

Please also provide a copy of any output from the MAIB
review/investigation.

Yours faithfully,

Allan Richards

Information Request,

Dear Mr Richards,

Thank you for your e-mail of 5th January.

British Waterways does not hold a copy of any output from the MAIB regarding this incident. I would suggest that you contact the Marine Accident Investigation Branch directly.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear British Waterways,

Thank you for confirmation that British Waterways does not hold a copy of any output from the MAIB regarding this incident and your suggestion that I that I contact the Marine Accident Investigation Branch directly.

However, for the avoidance of doubt, I would be obliged if you would also respond to my original request which was -
+++++++++++++++++++++
I refer to a letter sent by Richard Benyon, MP, in response to a coroners 'rule 43' report which found failings in BW's tree management systems which might cause similar deaths.

The Waterways Minister's reply indicates that BW carried out a review of their tree management policy and that the Heath & Safety Executive also carried out some sort of review or investigation.

Please provide via whatdotheyknow.com a copy of BW's internal review.

Please also provide a copy of any output from the HSE
review/investigation.
++++++++++++++++++

Yours sincerely,

Allan Richards

Information Request,

3 Attachments

Dear Mr Richards,

Thank you for your e-mail.

For the avoidance of doubt I can confirm that British Waterways responded to this request on 16th December 2011. A copy is attached for your reference.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear British Waterways,

This request asked for a copy of BW's internal review and any output from the HSE review/investigation which, to date, you have not provided. For the avoidance of doubt, I repeat the request -

++++++++++++++++++++++++++++++++++++++++++
I refer to a letter sent by Richard Benyon, MP, in response to a coroners 'rule 43' report which found failings in BW's tree management systems which might cause similar deaths.

The Waterways Minister's reply indicates that BW carried out a review of their tree management policy and that the Heath & Safety Executive also carried out some sort of review or investigation.

Please provide via whatdotheyknow.com a copy of BW's internal review.

Please also provide a copy of any output from the HSE
review/investigation.

++++++++++++++++++++++++++++++++++++++++++++++++++

Yours faithfully,

Allan Richards

Dear British Waterways,

I am still awaiting a reply to my request made on 23/12/2012. The information you have provided does not relate to this request and thus has been provided in error.

A full history of the request can be found at - http://www.whatdotheyknow.com/request/mi...

Yours sincerely,

Allan Richards

Information Request,

Dear Mr Richards,

The inquest into the death of Mrs Wendy Brennan took place on the 11th and 12th October 2011. Mrs Brennan was killed when a tree fell on the boat she and her husband were navigating down the Grand Union Canal. The tree fell in extremely high winds which was very unusual for the time of year (July).

The boat Mrs Brennan had been travelling on was hired from Wyvern Shipping Company, owned by Mr James Griffin. Mr Griffin was particularly vocal in his criticism of BW’s tree management procedures and made his views very clear to the coroner. In actual fact, the tree that fell was not on BW land and this point was made to the coroner before the inquest. However, unusually for a case of this type, the coroner insisted on a two day hearing with four witnesses attending on behalf of BW.

At the end of the two days of evidence, the coroner ruled that the verdict in this case should be accidental death. During the course of his summing up, the coroner described BW’s tree management system as “robust” and stated that he did not think that any failure of that system contributed to Mrs Brennan’s death. He said that the circumstances of the accident were close to a “one in a ten million chance that there were high winds on that particular day in the middle of July when the trees were fully laden that Mrs Brennan just happened to be passing under that particular tree on a canal boat, with her family, at the exact time that that tree collapsed”.

The coroner went onto say that he would send a rule 43 letter to Richard Benyon MP as he thought the whole question of the management of trees in public places should be examined in light of this incident.

Unfortunately, the rule 43 letter that was subsequently sent by the coroner did not reflect what he said during the course of his summing up. He stated in that letter that an urgent review of BW’s tree management system was required in order to prevent further deaths. BW wrote to the coroner asking him to withdraw the letter and re-issue one that accurately reflected his summing up. He refused to do so. As a result, BW has had to clarify the position to DEFRA, members of the public and the waterways press to try to avoid an entirely misleading impression of the coroners’ verdict and summing up being widely conveyed.

Following the inquest British Waterways' Head of Health & Safety considered the Tree Management programme and felt that it was fit for purpose. No formal review or report were written based on the fact that the coroner and HSE believed the current programme to be robust.

If you would like to read the court transcript please do let me know and I will send you a copy.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear British Waterways,

Thank you for confirming that one of the documents requested does not exist. However, I still await the HSE report (or confirmation that it does not exist).

With regard to the court transcript, I would be very happy to receive a copy.

As it now appears that you did respond to the coroners rule 43 report (asking him to amend it!) it would seem that you have deliberately misled me with regard to a previous request. As such, I would ask that you provide a copy of your response as it was requested under FOIA.

For completeness may I ask that you include a copy of the coroners letter refusing to amend his rule 43 report.

Yours sincerely,

Allan Richards

Dear British Waterways,

To avoid confusion, I have made a third request on this matter which can can be found at -

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

As such the only information still outstanding on this request is to provide a copy of any output from the HSE
review/investigation.

Yours sincerely,

Allan Richards

Information Request,

Thank you for your e-mail.

I am out of the office with no access to my e-mails today but I will
respond to you after I return on Monday 23rd January.

Kind regards,
Sarina Young

 

Information Request,

Dear Mr Richards,

I can also confirm that British Waterways does not hold a copy of any report into the matter by the HSE.

I would recommend that you contact the HSE directly to ascertain whether a report exists and, if it does, whether they would send you a copy.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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