Council and Courts Under Fire Over “Missing” As-Built Health and Safety Files

By Sheila Oliver – Local Democracy Reporter

A whistleblower has accused Devon County Council, the Information Commissioner’s Office (ICO), and senior judges of concealing vital safety documentation known as As-Built Health and Safety Files (ABHSF) for major public projects — including schools and pedestrian bridges built under Private Finance Initiative (PFI) contracts.

Campaigner Alan M. Dransfield, from Exeter, has spent more than a decade pursuing disclosure of the ABHSF for the city’s landmark Bakers Bridge. His 2009 Freedom of Information request was branded “vexatious” by the ICO — a ruling later upheld by the Upper Tribunal and the Court of Appeal in what became the notorious Dransfield v ICO precedent.

However, subsequent evidence suggests Dransfield’s safety concerns were justified. A later FOI request, released only after years of resistance, confirmed that the bridge had been constructed without any lightning-protection system, contradicting the council’s original assurances.

“The As-Built Health and Safety Files are the smoking gun,” Dransfield said. “They expose how councils, contractors, and even the courts have hidden non-compliance with basic safety standards. Those files should have been public from day one.”

The missing ABHSF records relate not only to Bakers Bridge but also to six Exeter schools built under PFI by Balfour Beatty, including St Peter’s School, West Exe College, and Isca Academy. Each project, he claims, lacked verified lightning-protection certification and ISO 9000/14000 quality-assurance documentation required under the Construction (Design and Management) Regulations.

Fellow transparency campaigner Sheila Oliver, based in Stockport, says the same pattern repeats across the country. “Local authorities hide safety documents behind the ‘vexatious’ label whenever residents ask awkward questions,” she said. “This isn’t just red tape — it’s a national scandal that puts lives at risk.”

Dransfield and Oliver have jointly written to the Ministry of Justice, the Department for Science, Innovation and Technology, and the House of Commons Justice Committee, calling for a public inquiry into the misuse of section 14(1) of the Freedom of Information Act — the clause allowing officials to dismiss requests as “vexatious.” They also want all past rulings based on the Dransfield precedent reviewed and overturned where public-safety information was withheld.

“Sunlight is the best disinfectant,” Dransfield added. “The truth is locked inside those As-Built Health and Safety Files, and the public has every right to see them.”

Sincerely,

Alan M Dransfield


Unknown's avatar

About Wirral In It Together

Campaigner for open government. Wants senior public servants to be honest and courageous. It IS possible!
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.