Health and Safety Executive's inspections were not at fault

What happened

A local community action group was unhappy about the condition of a nearby building site where a developer was building new homes. It was particularly worried about inadequate site security and the risk that children would get onto the site too easily. A resident reported the matter to HSE. It took some time for HSE to get involved as the developer insisted there was not an issue. HSE decided to inspect the site after the action group sent it video footage.

HSE carried out three inspections of the site, and met separately with the developer. During these visits HSE found several problems, including poor site security caused by inadequate fencing. HSE asked the developer to take action, and eventually issued legal notices, to force it to make improvements.

The action group was dissatisfied with HSE's actions. It felt HSE should have carried out more detailed inspections, and taken stronger enforcement action. It believed HSE was colluding with the developer to make sure that no serious action was taken to sort out the problems. The group said local children were no longer able to play in safety and were placed in great danger by the continued health and safety breaches of the developer, supported by HSE's lack of action. It wanted a full and open inquiry into whether the developer was responsible for breaches of health and safety regulations.

What we found

We partly upheld this complaint. HSE carried out its inspections in line with both its published procedures, and with the Government's expectations of how a regulator carries out its business. HSE treated in good faith all the information that both the action group, and the developer, had given it. When the action group's evidence showed that there was a problem, HSE inspected, and took enforcement action. Although the action group had wanted HSE to take stronger action, its actions were acceptable.

However, HSE had not explained its role and responsibilities clearly to the action group, and so the group felt increasingly dissatisfied with the situation. Its frustration and unhappiness led it to suspect collusion between HSE and the housing developer.

Putting it right

HSE offered to meet the action group to discuss its role and to explain how it regulates the construction industry, and to express its regret that the action group felt dissatisfied with what had happened. We told HSE that if it could not arrange a meeting with the group, it should provide it with this information in writing instead.