OFFICIAL

Our Ref: IM-FOI-2020-1137 Date: 28 July 2020

FREEDOM OF INFORMATION () ACT 2002

I refer to your recent request for information which has been handled in accordance with the Freedom of Information (Scotland) Act 2002.

For ease of reference, your request is replicated below together with the response.

Collision with cattle on Bathgate Line between and Newbridge Stations on 8 May 2018

On 8 May 2018 at about 21:29 hours the 19:32 hours service from Helensburgh Central to (reporting number 2H07) comprising two Class 334 'Juniper' three car electrical multiple units, numbered 334017 (leading) and 334027 (trailing), struck several cattle on the Bathgate line between Uphall Station and Newbridge, which had strayed onto the line, causing extensive damage to unit 334017 […]

We have received from the British Transport Police a copy of their control log in relation to this incident. We note from the log that it is recorded that prior to the incident you had received a report about cattle on the line and that you then called Network Rail regarding cattle on the line.

Please can you provide us with a copy of all control log entries, reports/statements made in connection with the incident.

I would first of all advise you that the Freedom of Information (Scotland) Act 2002 provides a right to access information, not documents.

Where a public authority chooses not to provide copies of original documentation however, it must ensure that any information which falls within the scope of the request and which is contained in the document is disclosed completely and accurately.

In this case, I have provided the salient details from the incident log - excluding personal information. In terms of section 16 of the Freedom of Information (Scotland) Act 2002, I am refusing to provide you with those names/ addresses/ phone numbers.

Section 16 requires when refusing to provide such information because it is exempt, to provide you with a notice which:

(a) states that it holds the information, (b) states that it is claiming an exemption, (c) specifies the exemption in question and (d) states, if that would not be otherwise apparent, why the exemption applies.

I can confirm that Police Scotland holds the information that you have requested.

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The exemption that I consider to be applicable to the information requested by you is section 38(1)(b) - Personal Data. Personal data is defined in Article 4 of the General Data Protection Regulation (GDPR) as:

‘Information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’

Section 38(2A) of the Act provides that personal data is exempt from disclosure where disclosure would contravene any of the data protection principles set out at Article 5(1) of the GDPR which states that:

‘Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject’

Article 6 of the GDPR goes on to state that processing shall be lawful only if certain conditions are met. The only potentially applicable condition is set out at Article 6(1)(f) which states:

‘Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child’

Whilst I accept that you may have a legitimate interest with regards the disclosure of this information and that disclosure may well be necessary for that purpose, I am nonetheless of the view that those interests are overridden by the interests or fundamental rights and freedoms of the data subject.

On that basis, it is my view that disclosure of the names would be unlawful.

The information to which you are entitled is set out below:

ISR Report: PS-20180508-4210 (Closed) 08/05/2018 21:24:15 TR-45, RAIL INCIDENT PS-20180508-4210 / PS 999 POLSCOT Priority:(2) 2 CATTLE ON RAILWAY Officer Dealing:T0376 Operator:1839885 Dispatcher:1509397 BX02 (308969,671242) Creator Wkstn:HACC222

Address Information XXX Proximity:USED FOR GAZZING ONLY

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[X] Gazeteer Validation Disposition Codes RAIL INCIDENT PASSED TO OTHER FORCE TRANSFERRED TO OTHER FORCE

Complainant Information

Date / Time Information Call Received 08/05/2018 21:24:15 Call Answered 08/05/2018 21:24:15 Incident Created 08/05/2018 21:24:15 Address Validated 08/05/2018 21:24:15 Initial Input Complete 08/05/2018 21:24:15 Transfer Sent 08/05/2018 21:24:33 Transfer Accepted 08/05/2018 21:24:38 Resource Dispatched 08/05/2018 21:25:57 Arrived At Scene 08/05/2018 21:54:56 Resource Departing 08/05/2018 21:56:09 Resource Cleared 08/05/2018 23:25:07 Incident Disposed 08/05/2018 23:26:12

Qualifiers DISPOSAL QUALIFIERS Animal Involved THEME RAIL INCIDENT

ISR Comments

28312873 08/05/2018 21:24:15 HACC222 1839885

BESIDE MOTORWAY AND THE RAILWAY AT BROXBURN CATTLE OUT AND GOTTEN ONTO THE RAILWAY ASKING TO STOP TRAINS BETWEEN EDINBURGH AND BATHGATE CAME FROM FARM AT KILPUNT 08/05/2018 21:24:15 HACC222 1839885

Incident Created From Crm 28312873 By HC426 08/05/2018 21:24:15 HACC222 1839885

**CALLERS ADDRESS USED FOR GAZZING *** 08/05/2018 21:24:57 HACC222 1839885

CALLER RECIEVED A CALL FROM XXX WHO ASKED XXX TO CALL 08/05/2018 21:25:07 HACC222 1839885

OFFICERS WILL SEE CALLERS XXX VEHICLE WITH YELLOW BEACONS ON TOP 08/05/2018 21:26:54 HACC222 1839885

0XXXXXXXXXX MOBILE FOR XXX - CALLERS XXX WHO SEEN IT 08/05/2018 21:27:33 HACC222 1839885

ISD CONTACTING SCOT RAIL 08/05/2018 21:27:46 OJ001 1509397 PI XXX AWARE 08/05/2018 21:30:57 OJ002 1521798

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OPS - was on the phone to network rail when they got an emergency a train has derailed at newbridge due to hitting cattle on the track, they did not have a better description of 08/05/2018 21:31:20 OJ004 1506765 locus at the time as they were still establishing details from the driver. they will contact BTP 08/05/2018 21:31:20 OJ004 1506765

S152 aware 08/05/2018 21:31:33 WEBSTORM 1497536

PS XXX MADE AWARE 08/05/2018 21:32:29 OJ001 1509397

ACR Sgt XXX - I am aware, trying to establish where the train has derailed 08/05/2018 21:33:00 SUPV_E04 1352541

*****CALLER WAS LOOKING OUT XXX WINDOW AND SEEN A TRAIN SLOW DOWN****** 08/05/2018 21:33:52 HACC222 1839885

XXX SEEN SOME SMOKE COME FROM IT - NFD 08/05/2018 21:34:09 HACC222 1839885

ACR Sgt XXX - contact is being made with SAS and SFRS 08/05/2018 21:36:54 SUPV_E04 1352541

ISD - FIRE CONTACTED REF NO 5941. 08/05/2018 21:37:20 OJ003 1521426

PC XXX - HAVE CONTACTED BTP - THEY WERE NOT AWARE - THEY ARE CREATING INCIDENT AND ATTENDING 08/05/2018 21:38:13 OJ001 1509397

PC XXX - CONTACTING NETWORK RAIL 08/05/2018 21:38:33 OJ001 1509397

TJ06 - CAMERA ACTIVATION AT NEWBRIDGE 08/05/2018 21:38:49 OJ001 1509397

ACR Sgt XXX - can officers off at the locus establish Exact location, any potential Hazards, Access to the Scene, any Casulties? 08/05/2018 21:40:01 SUPV_E04 1352541

UPHALL STATION CHECKED NEGATIVE 08/05/2018 21:40:12 OJ001 1509397

FROM PC XXX - Informed BTP they are aware and have created incident, incident number 653. 08/05/2018 21:40:50 WEBSTORM 1910819

They are have also been informed from Network Rail and have dispatched sets. 08/05/2018 21:40:50 WEBSTORM 1910819

PC T0375 - WE CAN SEE A TRAIN WHICH APPEARS TO HAVE STOPPED AND A FARMER - THEY ARE ABOUT 200 YARDS PRIOR TO BRIDGE AT RIVER ALMOND 08/05/2018 21:41:53 OJ001 1509397

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THEY ARE SOME DISTANCE AWAY BUT WALKING OVER TO MEET THEM 08/05/2018 21:42:12 OJ001 1509397

Inspector XXX - BTP are en route have requested that a stop be put on any other trains onthis line meanitme until full extent of incident can be established. 08/05/2018 21:42:59 WEBSTORM 1603547

ISD - SAS contacted they have raised an incident for information at this time they will not dispatch until confirmation of how many if any crews are required and what level of 08/05/2018 21:43:18 OJ004 1506765 emergency the incident is recorded as. Can they be updated when the information is known. 08/05/2018 21:43:18 OJ004 1506765

SAS ref 4625089 08/05/2018 21:43:30 OJ004 1506765

TJ06 - THERE ARE SEVEN CATTLE THAT HAVE BEEN STRUCK - THIS TRAIN HAS SIX CARRIAGES AND IS ON A CAMBER WHICH HAS MADE HIM THINK THE TRAIN HAS DERAILED 08/05/2018 21:47:57 OJ001 1509397

THERE IS DAMAGE TO FRONT OF TRAIN, UNSURE IF DAMAGE UNDERNEATH TRAIN 08/05/2018 21:48:14 OJ001 1509397

DRIVER STATING HE HAS SPOKEN TO GUARD AT REAR AND APPEARS NO INJURIES ON TRAIN - I WILL CARRY OUT A WALK THROUGH TO ENSURE THIS IS THE CASE 08/05/2018 21:48:59 OJ001 1509397

PC XXX - NETWORK RAIL HAVE PUT STOP ON LINE 08/05/2018 21:49:15 OJ001 1509397

TJ06 - I HAVE COMPLETED A WALK THROUGH OF TRAIN AND THERE ARE 11 PASSENGERS ON BOARD NO PERSONS MAKING AN COMPLAINTS OF INJURIES 08/05/2018 21:51:54 OJ001 1509397

ACR Sgt xxx -aware of the updates, no injuries 08/05/2018 21:53:11 SUPV_E04 1352541

TJ06 - THERE ARE STILL COWS ON THE LOOSE - WE ARE TRYING TO ASSIST FARM AT PRESENT TO AVOID FURTHER ISSUES 08/05/2018 21:56:36 OJ001 1509397

EOV- BTP attending their ref no. 653. They have also advised that the train has not derailed. 08/05/2018 21:58:52 OVIEW_E06 1521913

TJ06 - I AM WITH THREE FARMERS AT PRESENT WHO ARE STATING THEIR IS CATTLE FURTHER DOWN THE LINE 08/05/2018 22:02:30 OJ001 1509397

THERE IS DEAD CATTLE FURTHER DOWN THE WESTBOUND LINE 08/05/2018 22:02:44 OJ001 1509397

ALL PASSENGERS ARE STILL ON THE TRAIN 08/05/2018 22:02:57 OJ001 1509397 . 08/05/2018 22:02:58 OJ001 1509397

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DRIVER OF TRAIN - XXX 08/05/2018 22:08:33 OJ001 1509397

Ps XXX- the BTP officer XXX caller number 2538 ISSI number XXX 08/05/2018 22:30:17 OJ001 1931203 we will be standing down from here from response policing and BTP now dealing 08/05/2018 22:30:45 OJ001 1931203

TJ06 - can we contact AMEY for some assistance due many vehicles being on the M8 hard shoulder West Bound between 2 and 3- 08/05/2018 22:39:42 OJ001 1931203 . 08/05/2018 22:39:42 OJ001 1931203

Inspector XXX - have spoken to Network Rail manager XXX who advised that there was a stop put on railway line as soon as they were notified and that a reference number 08/05/2018 22:44:53 WEBSTORM 1603547 is allocated to every incident. He stated that emergency services should ask for the reference number when they call Network rail so that they have confirmation that there is a 08/05/2018 22:44:53 WEBSTORM 1603547 stop on line prior to going on the line/train. Tel number for Network rail is XXX. 08/05/2018 22:44:53 WEBSTORM 1603547

JOPS AMEY CONTACTED AND WILL ATTEND WITH CONES NO ETA 08/05/2018 22:50:42 OJ011 1518075

Ps XXX- appears 9 cattle are dead- and more appear to be injuired 08/05/2018 22:54:00 OJ001 1931203

BTP Ps XXX at scene ISSI number 0072538 08/05/2018 22:58:58 OJ001 1931203

Discussed with PI XXX. BTP now dealing with network rail. No injuries. 08/05/2018 23:01:50 OVIEW_E04 1425933

Ps XXX- all passengers have been assessed and confim there are no injuires- 08/05/2018 23:24:52 OJ001 1931203

Jops- all sets stood down BTP dealing 08/05/2018 23:25:26 OJ001 1931203

Should you require any further assistance please contact Information Management - Dundee quoting the reference number given.

If you are dissatisfied with the way in which Police Scotland has dealt with your request, you are entitled, in the first instance, to request a review of our actions and decisions.

Your request must specify the matter which gives rise to your dissatisfaction and it must be submitted within 40 working days of receiving this response - either by email to [email protected] or by post to Information Management (Disclosure), Police Scotland, Clyde Gateway, 2 French Street, Dalmarnock, G40 4EH.

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If you remain dissatisfied following the outcome of that review, you are thereafter entitled to apply to the Office of the Scottish Information Commissioner within six months for a decision. You can apply online, by email to [email protected] or by post to Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Should you wish to appeal against the Office of the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only.

As part of our commitment to demonstrate openness and transparency in respect of the information we hold, an anonymised version of this response will be posted to the Police Scotland Freedom of Information Disclosure Log in seven days' time.

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