A group of residents from Lydiate are set to appear before the Court of Appeal this week in a bid to compel the Health and Safety Executive (HSE) to disclose information regarding the handling of asbestos at a local demolition site. The legal challenge stems from events that began in January 2020.
Background of the Case
In late January 2020, then-Sefton councillor Patricia O’Hanlon, accompanied by her husband Mike, investigated reports of unsafe practices at a construction site on Saville Road. The site, surrounded by residential properties, allegedly involved improper asbestos handling.
Ms O’Hanlon described witnessing a worker demolishing a building with a sledgehammer, including an asbestos roof, without adequate protective gear. “He didn’t have proper protective clothing on, he didn’t have a mask, and his clothing was just absolutely covered in dust,” she recounted. The worker reportedly ceased work after being informed of the risks but demolition later resumed.
Asbestos debris and dust spread to nearby gardens, contaminating children’s play equipment, which had to be destroyed. Despite complaints to the HSE, the authority maintained the site was safe.
Allegations of Cover-Up
Ms O’Hanlon and fellow resident Derek Baxter gathered evidence of what they termed “the very worst asbestos handling you can imagine.” In February 2020, an HSE inspector allegedly wanted to take enforcement action but was prevented. Independent analysis by Fibre Safe confirmed the presence of Chrysotile asbestos fibres in rubble from the site.
The former councillor accused the HSE of allowing unlawful work to continue and concealing documents. “These documents proved the site was very dangerous contrary to the HSE propaganda,” she claimed. The group submitted an information request under the Environmental Information Regulations (EIR). Ms O’Hanlon stated that the HSE issued contravention notices but avoided prosecution, and withheld documents showing the site’s danger.
Key documents included two enforcement notices served to a bogus asbestos clearance contractor, which the HSE refused to release. The residents won their case at the Upper Tribunal, but the HSE and the Information Commissioner’s Office (ICO) are now appealing, arguing the requested files fall outside the scope of disclosure. The case is scheduled for hearing on Tuesday, June 9, with the residents represented by solicitors Leigh Day.
Broader Implications
Ms O’Hanlon emphasized the significance of the case for public access to environmental information. “This is a fight for every one of us in our country to be safe from asbestos and other contaminants,” she said. She noted that similar issues occur nationwide, citing a 2025 example in Cleckheaton, West Yorkshire, where residents raised concerns about asbestos at a housing development on a former factory site.
The HSE declined to comment, citing ongoing legal proceedings. The Government Legal Department is representing the HSE, arguing that the Upper Tribunal ruling could overturn an exemption in the 2004 EIR regarding post-request information.
Ms O’Hanlon described the residents’ struggle as a “David and Goliath scenario” and stressed the fatal risks of asbestos exposure. “You’ve only got to get a tiny, tiny piece of asbestos latched onto your lung, and that is it, it’s fatal,” she warned.
