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Health and Safety Cases

Requested on
Wed 31st July, 2013
Reference
FOI 3219
Resolution
Information provided

Question

1.) The number of cases filed against the local authority under the Health and Safety at Work act (1974) in each of the individual years 2005 - 2013 inclusive.
2.) The number of these cases (again in each individual year) which were settled by out of court settlements.
3.) The total amount paid out in such cases (again in each individual year)
4.) For each case settled out of court; the nature of the prosecutor's claim under the Health and Safety at Work Act.

Answer

Charnwood Borough Council has not had any cases filed against it under the Health and Safety at Work act (1974) in the years requested.
Our Health and Safety officer has made the following statement:
‘The Health and Safety at Work Act (1974) is criminal law and the only type of case the Council would have to answer would be a prosecution for breaching the act. Any amounts ‘paid out’ would be fines. Such cases are not settled out of court.

The word’ claim’ is used in point 4, which is used in civil law not criminal law. Civil claims cannot be made under HSWA 1974.’

Further to the information above, if you were in fact requesting information about civil claims for breach of civil duty of care resulting in injury or financial loss, made against us please could you clarify this?

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