Richard Bailey is the Chief Solicitor for the Information Commissioner's Office and he is responsible for overseeing preparation of the Final Bundles for First Tier Tribunal (FTT) and Upper Tribunal. Whether or not he defends such cases or is even capable of defending case, I know not because he has always had Legal Counsel when I have been in the opposite corner.
Quite frankly, I do not accept the Mr Bailey should hold the sole remit for the final bundle preparation, and I would go as far as to say this is a conflict of interest.
Mr Bailey is driving a bus through due process and rule of law, and it might be said he enjoys a very cosy relationship with Devon County Council.
Attn Richard Bailey ICO Solicitor
Please find the DCC response regarding Lightning Protection for the Redhayes Bridge dated 30Aug2011, and I wish to add this document to the Final Bundle for my 3rd Retrial Hearing in July. This is relevant to my case because the Redhayes Bridge was designed and built under the New Lightning Standards BS/EN 62305/2008 and come under the direct remit of the DCC.
It is also most relevant to my case, as it clearly shows a pattern of systemic failures by the DCC regarding Lightning Protection.
It beggars belief the DCC omitted a Lightning Risk Assessment (LRA) and failed to install a Lightning Protection System (LPS) on this structure. This attached document is, in my view, prima facie evidence the DCC have failed their duty of care to provide adequate LPS AND LRA on a public structure..
It is also prima facie evidence the DCC have failed their legal obligation under Section 51 of he Local Government Act.
The Worse Case Scenario (WCS) on on this Bridge is it that is takes a direct hit from lightning, which destroys the foundations and causes the bridge to collapse in the rush hour of the M5 underneath.
It may sound horrific but that's what WCS were intended for!
I am of the opinion that the DCC bridge engineers have failed their duty of care to consider lightning on the Redhayes Bridge, which is used by thousands of cyclists and pedestrians each year. Only 500 metres away the Exeter Chief Pedestrian Bridge has been provided with LPS but no LRA. Hence, it beggars belief the Redhayes Bridge was not even considered for LPS & LRA covered by the BS/EN 62305/08.
I suggest/recommend that an urgent revision of both the LPS and LRA for Redhayes Bridge is carried out as a matter of urgency. By virtue of this email, I am requesting my MP, Ben Bradshaw, to bring this matter to the attention of the HSE. I would contact them myself but, as all parties are aware, I am under a lifetime email ban from the HSE.
You are also aware this particular bridge falls into a suicide hotspot which has also not been addressed by the DCC. This Bridge is also within spitting distance of Exeter International Airport and has not been provisioned with any Aviation Warning Lights.
In short, Redhayes Bridge is a H&S timebomb and a catastrophe waiting to happen.
Alan M Dransfield