UK police and Health and Safety breach

Mr Andrews made this Freedom of Information request to Health and Safety Executive

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 successful.

Dear Health and Safety Executive,

Can I please have the following information;

1. On how many occasions in the last 4 yrs has the HSE investigated any UK police force for a breach of Health and Safety, please provide date and force concerned.

2. How many complaints have the HSE received in the last 4 yrs in relation to members of the public alleging a breach of Health and Safety concerning the police. Please provide date and force complained about.

3. Any reports/investigation conclusions/findings for any health and safety investigations into UK police forces.
Yours faithfully,

Mr Andrews

Infoline Admin,

Ref: HPHS-8E4CJP

Dear Mr Andrews,

Thank you for your request for information.

We have forwarded your Freedom of Information request to the appropriate
FOI officer to action. Their contact details are as follows:

Jason Tew
Freedom of Information Officer
Public Services Sector
Health and Safety Executive
Grove House
Skerton Road
Manchester
M16 0RB
Tel: 0845 345 0055 (Infoline)

If you require to contact HSE again regarding this enquiry please quote the
reference number above.

I hope this helps, but if you require further assistance, please do not
hesitate to contact this address again or telephone HSE Infoline on 08453
450055.

Yours sincerely

Helena Phillips

HSE Infoline

HSE is committed to maintaining your personal information in a manner that
meets the requirements of the Data Protection Act 1998.
Sometimes, we may need to pass your details to another government
department or public body so that they can help you with your enquiry.

HSE Infoline is provided by Connaught Compliance Services Ltd on behalf of
HSE

Health and Safety Executive

Dear Mr Andrews

Freedom of Information Request Reference No: 20110020338

Thank you for your requests for information about:

Health and Safety Incidents involving Police Forces

Your request was received on 16 February 2011 and 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.

Yours sincerely

Jason Tew

FOI Officer

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Health and Safety Executive

1 Attachment



Partial disclosure

Dear Mr Andrews

Freedom of Information Request Reference No: 2011020338

Thank you for your request for information about:

Health and Safety Incidents involving UK Police Forces in the last
4 Years

I can confirm that the Health and Safety Executive holds the following
information:

1. Details of Accidents and completed investigations involving UK
Police Forces in the last 4 years

2. Details of Complaints and completed investigations involving UK
Police Forces in the last 4 years

3. Details of Complaints and Accidents and their ongoing investigations
in the last 4 years

The information at 1 and 2 can be disclosed and details are attached, you
will note that any personal data relating to the incidents in question has
been redacted as per Section 40 of the FOI act.

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You may re-use this information
(not including logos) free of charge in any format or medium, under the
terms of the Open Government Licence. To view this licence, visit
[1]http://www.nationalarchives.gov.uk/doc/o... or
write to the Information Policy Team, The National Archives, Kew, London
TW9 4DU, or e-mail: [2][email address].

Information you receive which is not subject to Crown Copyright continues
to be protected by the copyright of the person, or organisation, from
which the information originated. You must ensure that you gain their
permission before reproducing any third party (non Crown Copyright)
information.

Information numbered 3. is being withheld as it falls 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).

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, any of the data in the attached
spreadsheet or indeed would like further information about any aspect of
Heatlh and Safety with regards to the Police and the Public please
contact Sue Parkyn, Head of Police, Fire and Prisons Sector, Woodlands,
Manton Lane, Manton Lane Industrial Estate, Bedford, MK41 7LW. 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: [3][email address]

Website: [4]http://www.informationcommissioner.gov.uk

Yours sincerely

Jason Tew

FOI Officer

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.nationalarchives.gov.uk/doc/o...
2. mailto:[email address]
3. mailto:[email address]
mailto:[email address]
4. http://www.informationcommissioner.gov.uk/
http://www.informationcommissioner.gov.uk/

Dear Health and Safety Executive,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Health and Safety Executive's handling of my FOI request 'UK police and Health and Safety breach'.

You have stated that you have answered questions 1 & 2 yet i do not believe this is the case. For example in quest 2 I have asked how many times has the H&S received complaints from members of the public about the actions of the police.

In the attached spreadsheet it is not clear if you have classed the complaints as being made by members of the public, indeed it appears all data is in relation to complaints made by the police against themselves.

Can you please properly reconsider this request and provide a response that matches the query?

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/uk...

Yours faithfully,

Mr Paul Andrews

Infoline Admin,

Ref: HLES-8FDFUB

Dear Mr Andrews

Thank you for your enquiry regarding an FOI request.

I have forwarded your Freedom of Information query to the FOI Unit to
action. Their contact details are as follows:

Freedom of Information Unit
HSE
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

Tel – 0845 345 0055

If you require to contact HSE again regarding this enquiry please quote the
reference number above.

I hope this helps, but if you require further assistance, please do not
hesitate to contact this address again or telephone HSE Infoline on 08453
450055.

Yours sincerely

Helen Lewis

HSE Infoline

HSE is committed to maintaining your personal information in a manner that
meets the requirements of the Data Protection Act 1998.
Sometimes, we may need to pass your details to another government
department or public body so that they can help you with your enquiry.

HSE Infoline is provided by Connaught Compliance Services Ltd on behalf of
HSE

Health and Safety Executive

Dear Mr Andrews

Freedom of Information Internal Review Reference No: 2011030606

Original Request Reference No: 2011020338

Subject: Police - RIDDORs

Thank you for your request for an internal review.

It was received on 25 March 2011 and we are dealing with it under the HSE
internal review procedures in accordance with the terms of the Freedom of
Information Act 2000.

We hope to let you know the outcome of the review as quickly as possible.
In most cases within 20 working days.

Please contact me if you have any queries about this email. It would be
helpful if you could quote the reference number above in any future
communications.

Regards

Richard Hands
FOI Unit
Health and Safety Executive
5S.G Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Health and Safety Executive

1 Attachment

  • Attachment

    2011030606 Appeals Officer Internal Review response letter Mr Andrews police RIDDORs.DOC.doc

    81K Download View as HTML

Dear Mr Andrews,

The Internal Review of your request for information is now complete. A
copy of the Appeals Officer's decision letter is attached.

Kind regards

Steve Newman LLM, BSc (Hons)
FOI Unit
5S.G.35
Redgrave Court

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Health and Safety Executive

3 Attachments

Sue Parkyn

Head of Police, Fire,

Prisons and Sector Support

Woodlands, Manton Lane, Manton Lane Industrial Estate, Bedford, MK41 7LW.

19th May 2011

Request-61875

@whatdotheyknow.com

Dear Mr Andrews

Freedom of Information Request Reference No: 2011020338

In light of the findings of the Appeals Officer following the Internal
Review, I have been asked to answer your query again

Health and safety Incidents involving UK police forces in the last 4 Years

Health and Safety Executive holds information about:

A. accidents involving UK Police Forces in the last 4 years
B. complaints made about UK Police Forces in the last 4 years
C. completed investigations into health & safety Incidents involving
UK Police Forces in the last 4 years
D. ongoing investigations into health & safety Incidents involving UK
Police Forces in the last 4 years.

We do not hold information in the category requested Â*investigation for
a possible breachÂ*. This is one of the purposes of an investigation.
Others are to gather and establish the facts, to identify immediate and
underlying causes and the lessons to be learned, to prevent a recurrence
as well as to take appropriate enforcement action if a breach of
legislation is found.

Turning to your specific questions:

1. On how many occasions in the last 4 yrs has the HSE
investigated any UK police force for a breach of health and safety? Please
provide date and force concerned.

HSE has investigated 97 accidents and complaints over the four-year
period. Dates and forces concerned are listed in the annex. These
investigations may or may not have found breaches of health and safety
law. In order to determine which ones did relate to legal breaches, the
information on each investigation would need to be interrogated. This
would be likely to involve a considerable cost and diversion of resource.

Information about how HSE responds to reports of injuries, diseases and
complaints is given on the HSE website particularly at:

[1]http://www.hse.gov.uk/foi/internalops/og...
and

[2]http://www.hse.gov.uk/contact/workplace-...

2. How many complaints have the HSE received in the last 4 yrs in
relation to members of the public alleging a breach of health and safety
concerning the police? Please provide date and force complained about.

Ten such complaints were made between 1 April 2007 and 31 March 2011.
These included complaints from legal representative, detainees, a relative
of an employee, a retired officer and members of the public. Dates and
names of forces are listed in the annex.

3. Any reports/investigation conclusions/findings for any health
and safety investigations into UK police forces

In the previous response, you were provided with a spreadsheet containing
raw data. This information was obtained by a standard search of our
database. It included a description of the type of incident, the name of
the force concerned, the site referred to and the date of creation of the
record in the database. The last column gives some brief information
about the circumstances being investigated.

Clearly, HSE holds much more information than this. But, as your request
is so broad I have to say that that due to the amount of information you
have requested, gathering this amount of data would be likely to involve a
considerable cost and diversion of resource.

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You may re-use this information
(not including logos) free of charge in any format or medium, under the
terms of the Open Government Licence. To view this licence, visit
[3]http://www.nationalarchives.gov.uk/doc/o... or
write to the Information Policy Team, The National Archives, Kew, London
TW9 4DU, or e-mail: [4][email address].

Information you receive which is not subject to Crown Copyright continues
to be protected by the copyright of the person, or organisation, from
which the information originated. You must ensure that you gain their
permission before reproducing any third party (non Crown Copyright)
information.

Information not Disclosed

The government sets a limit of £600 to deal with freedom of information
requests. Fully answering all of you questions would be likely to exceed
this amount.

We may carry on with the request though it is likely that we will have to
charge a fee. If we do not hear from you within 3 months of this letter,
we will consider the request closed.

Information at D concerning ongoing investigations is being withheld as it
falls 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
HSEÂ*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 HSEÂ*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 HSEÂ*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 CommissionerÂ*s
Office (see below).

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, any of the data in the attached
spreadsheet or indeed would like further information about any aspect of
health and safety with regards to the Police please contact me.

If you are not content with outcome of the internal review, or the
explanation given above, you have the right to apply directly to the
Information Commissioner for a decision.

The Information Commissioner can be contacted at;

Information CommissionerÂ*s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

Email: [5][email address]

Website: [6]http://www.informationcommissioner.gov.uk

Yours faithfully

Sue Parkyn

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.hse.gov.uk/foi/internalops/og...
2. http://www.hse.gov.uk/contact/workplace-...
3. http://www.nationalarchives.gov.uk/doc/o...
http://www.nationalarchives.gov.uk/doc/o...
4. mailto:[email address]
mailto:[email address]
5. mailto:[email address]
6. http://www.informationcommissioner.gov.uk/

Dear Health and Safety Executive,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Health and Safety Executive's handling of my FOI request 'UK police and Health and Safety breach'.

Thank you for the information that you have provided it has been very helpful. You have withheld reports (by very nature relating to finalised cases) stating that this would be very costly and outside the threshold of the FOI fee structure.

May I therefore suggest that this request is restricted to the reports associated with the 'Non-employees' complaints in the attached spreadsheet which you kindly sent. There is but half a dozen of these cases and the disclosure of these reports would greatly help my research.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/uk...

Yours faithfully,

Mr Andrews

Infoline Admin,

Ref: HPHS-8H5BRL

Dear Mr Andrews,

Thank you for your request for an internal review of your FOI request.

We have forwarded your request to the FOI Unit to action. Their contact
details are as follows:

Freedom of Information Unit
Health and Safety Executive
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS
Tel – 0151 951 4000 (Switchboard)

If you require to contact HSE again regarding this enquiry please quote the
reference number above.

I hope this helps, but if you require further assistance, please do not
hesitate to contact this address again or telephone HSE Infoline on 08453
450055.

Yours sincerely

Helena Phillips

HSE Infoline

HSE is committed to maintaining your personal information in a manner that
meets the requirements of the Data Protection Act 1998.
Sometimes, we may need to pass your details to another government
department or public body so that they can help you with your enquiry.

HSE Infoline is provided by Connaught Compliance Services Ltd on behalf of
HSE

Health and Safety Executive

3 Attachments

  • Attachment

    2011030606 Mr Andrews Police RIDDORs refined request about complaints from public internal review response letter.DOC.doc

    44K Download View as HTML

  • Attachment

    2011030606 Mr Andrews Police RIDDORs complaints from public spreadsheet showing details of ten cases on COIN.DOC.doc

    63K Download View as HTML

  • Attachment

    2011030606 Mr Andrews Police RIDDORS complaints from public HSE letters in scope of request.DOC.doc

    108K Download View as HTML

Dear Mr Andrews,

Please find attached my internal review response letter together with
information relating to complaints from non-employees as requested.

Kind regards

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

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org