Report on 17 May 2008 Bunchrew LC incident

Ian Jackson made this Freedom of Information request to Office of Rail and Road

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Office of the Rail Regulation,

Your document[1]
Report arising from the Office of Rail Regulation investigation of a public complaint about the reliability of Bunchrew Level Crossing near Inverness
your ref case 4130309 [1] refers on page 8 of 9 to
a separate report to the Procurator Fiscal
regarding the incident of the 17th of May 2008

Please can I have a copy of that report, if it would not prejudice any possible prosecution.

Failing that, can you list for me what correspondence relating to this incident the ORR has had with the Procurator Fiscal, and tell me what information you have about any such prosecutions.

Note that as I understand it prosecutions for driving offences generally have a 6-month limitation period so any such prosecution of the driver would be out of time if it has not already been commenced.

Thank you.

Yours faithfully,
Ian.

[1] Released under FOI to Ganesh Sittampalan, here: http://www.whatdotheyknow.com/request/in...

CCT Contact, Office of Rail and Road

Dear Mr Jackson

Thank you for your e-mail of 17th February 2010, regarding the train
accident at Bunchrew Level Crossing on the 17th May 2008.

I am handling your request under the terms of the Freedom of Information
Act 2000 (FoIA 2000.

We aim to provide a full response to all such requests within 20 working
days of receipt and a full response will be sent to you no later than
the 17th March 2010.

Should you have any queries regarding your request, please contact me.

Yours sincerely

Paul Wilkinson
Senior Executive
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London WC2B 4AN

Telephone 0207 282 2018
Fax 0207 282 2043
e-mail [email address]
web: www.rail-reg.gov.uk

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CCT Contact, Office of Rail and Road

1 Attachment

Dear Mr Jackson

I write further to your request for our investigation report into the
railway accident at Bunchrew Level Crossing that occurred on the 17th May
2008.

The information held for this incident is considered to be exempt from
disclosure under section 30(1)(b) of FoIA 2000 (investigations and
proceedings conducted by public authorities).

Public Interest Test

The exemption relied on is a qualified exemption that is subject to the
public interest test. This means ORR 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 ORR's
investigative process.
* The current interest in level crossing safety.
* Our investigation is complete and the accident occurred almost two
years ago.
* Secure the health and safety of employees and members of the public.

And the following factors in favour of non-disclosure:

* Inhibit ORR's ability to conduct further investigations effectively
because, for example, third parties such as Network Rail may be less
willing to volunteer information to ORR if information is disclosed
inappropriately.
* Any outstanding enforcement action being taken by other authorities
for example the British Transport Police/Procurator Fiscal.

Decision

After weighing up the above factors I have decided that the public
interest is best served by disclosing the information. My decision is
based on the public right to know, the particular interest in safety of
level crossings and that our investigation is complete and no enforcement
action is outstanding. A copy of the report is attached. Please note that
some personal information has been edited out of the front of the report,
because I consider this to be personal information and therefore exempt
information under s.40 (2) (b) of FoIA 2000.

Further information on level crossings in general can be found on our
website at [1]http://www.rail-reg.gov.uk/server/show/n...

Should you have any further enquiries regarding your request, please
contact me.

If you are unhappy in any way I have handled your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of this letter, and should be
addressed to Samantha McClelland Hodgson, Board Secretary at:

Office of Rail Regulation
One Kemble Street
London
WC2B 4AN
Fax 020-7282 2154
Email: [2][email address]

If you are not content with the outcome of the review or how we have
handled your request, you may apply directly to the Information
Commissioner (IC) for a decision. Generally the IC cannot make a decision
unless you have exhausted the complaints procedure provided by ORR. The IC
can be contacted at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel 0303 123 1113
Web [3]www.ico.gov.uk

Yours sincerely

Paul Wilkinson
Senior Executive
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London WC2B 4AN

Telephone 0207 282 2018
Fax 0207 282 2043
e-mail [4][email address]
web: [5]www.rail-reg.gov.uk

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References

Visible links
1. http://www.rail-reg.gov.uk/server/show/n...
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[email address]
5. http://www.rail-reg.gov.uk/

Dear CCT Contact,

Thank you for that report, which I wasn't previously aware existed, and which was informative.

However, what I asked for was the report to the Procurator Fiscal. It is referred to at paragraph 37 of the ORR summary report you have just sent to me. As it's not clear from the ORR summary who wrote the report to the Procurator Fiscal, or even whether the ORR hold it, I'll ask the Procurator Fiscal for a copy.

Thanks again for your help.

Yours sincerely,

Ian Jackson

Ian Jackson left an annotation ()

My request to the Procurator Fiscal is here:
http://www.whatdotheyknow.com/request/re...

CCT Contact, Office of Rail and Road

Dear Mr Jackson

Thank you for your further e-mail regarding your request for information
concerning the railway accident at Bunchrew level crossing on the 17th
May 2008.

To clarify, the ORR report sent to you today, was our investigation
report that was forwarded to the Procurator Fiscal. This is the report
you requested in your e-mail of 17th February.

The reference in para 37 of our investigation report refers to a report
by the British Transport Police (BTP) being forwarded to the Procurator
Fiscal. I would suggest you contact BTP for this information
http://www.btp.police.uk/freedom_of_info.... This report is not
held by ORR.

Further details of the investigation of railway accidents can be found
on our website at http://www.rail-reg.gov.uk/server/show/C...

I hope you find this reply helpful.

Yours sincerely

Paul Wilkinson
Senior Executive
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London WC2B 4AN

Telephone 0207 282 2018
Fax 0207 282 2043
e-mail [email address]
web: www.rail-reg.gov.uk

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Dear CCT Contact,

Ah, thanks for the clarification. I hadn't realised that there were two reports! I have asked the Procurator Fiscal for the other one.

Thanks very much for being helpful.

Yours sincerely,

Ian Jackson