One issue that has troubled me enormously during the build-up to the council’s Formula E decision has been the attitude towards health and safety and risk assessment. Allegations that the construction phase was not done safely have never gone away, and there are plenty of pictures floating around that strongly suggest best practice was not always followed.
In August someone told me they had asked the council about the risk assessments and but was told they were destroyed. This, I thought, had to be a misunderstanding. Aside from not being the sort of document you destroy immediately (I know, for example, that in my day job risk assessments are retained indefinitely, even if they are superseded or become irrelevant) it just didn’t seem much like the council. When I followed up with the council I expected to be able to quickly correct the complainant. In fact I found myself in for months of repeatedly being told the council had absolutely no responsibility for the safety of residents in Battersea Park when it came to Formula E.
Initially I intended to detail the exchanges I had with council officers in trying to get to the bottom of this, but when looking through the email chains decided that it really didn’t make good reading. A simple query that I raised in August took nearly ten weeks to reach its conclusion, the period being filled with lengthy delays for responses from the council, suggestions that other parts of the council were responsible and answers that didn’t really address the questions raised. Having been on the other side of the fence I know there is occasionally a perverse pride taken in not actually answering questions, the Yes, Minister approach. Clearly I’m no longer in a position to appreciate it but the upshot is that I’m still left with a number of questions which remain unanswered.
After ten weeks of trying, I realised I would never get an answer that satisfied me.
I was repeatedly told that risk assessment was entirely Formula E’s responsibility, because, were the council to undertake such assessments, or to approve them in any way, it “potentially renders the council responsible”.
I was, however, assured the council required Formula E to undertake risk assessments as part of the terms and conditions. I did ask if I could see these terms and conditions, but that request was refused because it was “commercially sensitive.” I could not see the risk assessments themselves. The council had, indeed, deleted them and Formula E, for their part, declined to share them again because they felt reinstating the Dropbox link was “an unnecessary administrative burden”.
In summary, the council requires risk assessments, but does not approve them (that being the case, does it even assess their adequacy?) and takes no responsibility for what happened in the park since they merely handed over the park as and when construction started.
There are lots of other issues that were never resolved to my satisfaction. How the council handled potential conflicts of interest when they appeared to use the same health and safety consultants as Formula E had during their planning, for example, was never really addressed nor was a request for details of changes made at the request of the council.
Fundamentally, though, I struggle to understand how the council can so fully hand over its responsibility for the safety of the public. It is for others, be they members of the public or members of the council committee, to decide if that is an appropriate approach.