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Appealing HSE decisions not to release information
Back to main page on HSE's previous information policy
You could have appealed against a decision by the HSE not to provide you information.

The HSE would set up a Panel that would normally consist of a member of the HSE’s three person executive Board, another senior HSE official and an independent members from outside HSE.

GAP 1 said that:

"as far as possible none of the members of the panel will have been connected with the original decision to refuse to supply all or part of the information requested, or with the assessment of the charges. HSE’s Open Government Branch [now known as ….] will provide the Secretariat for the panel will coordinate the handling of the complaint."

Appendix G to GAP 1 gives further information on procedure of this panel.


HSE - INTERNAL COMPLAINTS PANEL
NOTES ON PROCEDURE - ROLE OF THE OPEN GOVERNMENT BRANCH

1.G9 Unless the Director General personally decides that a complaint is well founded or that it should be dealt with otherwise, the complaint will be submitted to the Panel described in paragraph 10 below.
1.G10 The Panel will consist of a member of the Executive (who will act as Chairman of the panel), another senior (or recently retired) officer of the Executive (normally a Board member), and a third person from outside the Executive, usually a representative of business and industry. These arrangements will continue until the Executive agrees otherwise. The membership of the Panel itself may change from time to time.
1.G11 An official will be appointed to act as secretary to the Panel; until further notice this will be an official from HSE’s Strategy Division Open Government Branch (see Appendix below).
1.G12 The secretary will provide the Panel members with the complaint itself, an indication of issues the Panel is being invited to address and any necessary background material.
1.G13 The Chairman may wish to invite the Panel to meet during the complaint process in order to discuss the issues involved and to agree any final conclusions. The members of the Panel will consider the complaint and may request additional information.
1.G14 If the Panel is convened, the secretary makes a note of the discussion and of any conclusions/decisions reached and will communicate these to the Director General.
1.G15 In the event of a disagreement, the Chairman will seek to bring the Panel to unanimity. In the event of a minority view on the Panel, that view and the reasons for it will also be communicated to the Director General.
1.G16 The Director General will communicate to the complainant:
a the recommendations of the Panel and its reasons;
b the Director General’s decision in light of the Panel’s recommendations and reasons.
1.G17 HSE will endeavor to reach a decision on a complaint within 6 weeks of the date of its receipt by the Director General. Should longer time be necessary, the secretary will advise the complainant accordingly.
Appendix
1.G18 The Open Government Branch (OGB) will provide staff to act as the secretariat to the complaint panel.
1.G19 The secretariat will invite suitable officials/external candidates to make up the three members of the panel.
1.G20 The secretariat will liaise with other HSE Directorates and Divisions relevant to the complaint and will invite them to submit documents and copies of all relevant correspondence that have a bearing on the complaint. OGB will use these documents to prepare a Definition of Issues for the Panel. This will provide a full background to the complaint as well as indicating the issues the Panel is being invited to address.
1.G21 The secretary will write formally to Panel members, confirming receipt of the complaint and confirming arrangements for the panel.
1.G22 The secretary will takes notes/minutes at any Panel meetings as appropriate and provide general administrative support to the Chairman and Panel members as required.
1.G23 The secretary will draft a note for clearance by the Chairman and any final recommendations/decision for the panel Chairman for forwarding to the Director General.


If you were still disatisfied with the Panel’s decision, you could have made a complaint to the ombudsman. Click Here for information on this was done.

 

Page last updated on January 6, 2005