MoD accused of ‘callous disregard’ for Chinook families after FOI disclosure

Families of the 29 people killed in the 1994 Mull of Kintyre Chinook crash have accused the Ministry of Defence (MoD) of a “callous disregard” for their personal data after sensitive information was released.

The material, which was disclosed to a media organisation following a freedom of information (FOI) request, is said to contain sensitive personal, financial and legal information relating to the bereaved families.

The Chinook Justice Campaign, set up by the families, has now lodged a formal complaint demanding the MoD refers itself to the Information Commissioner’s Office.

The group has demanded an urgent explanation from ministers.

Lawyers for the families have also called for the relevant documents to be retracted and for all recipients to be notified that the personal data should not be published or disclosed.

Mark Stephens, a human rights lawyer acting for the families, said: “This represents a serious failure to protect the rights of families who have been deceived and lied to from day one.

“It shows a callous disregard for their personal information, has added trauma to a three-decade-long fight for the truth, and raises fundamental questions about the department’s handling of sensitive material.

“The Ministry of Defence must urgently explain how and why it placed personal information about bereaved families into the public domain without proper safeguards or due process, or any discussion with those families.”

He said the families are “once again” being subjected to “further harm through the unlawful disclosure of their personal information at a time when the MoD claims it is engaged in dialogue with them”.

He added: “That is completely and utterly unacceptable and they deserve a full and frank apology and an urgent meeting with the Prime Minister, to which he has committed.”

RAF Chinook ZD576 crashed in foggy weather while flying from RAF Aldergrove in Northern Ireland to Fort George near Inverness on June 2, 1994.

For years, the pilots were wrongly blamed for the disaster before being formally cleared in 2011.

The Chinook Justice Campaign said an FOI request by the British Forces Broadcasting Service was submitted after veterans minister Louise Sandher-Jones said in the House of Commons in November that some sealed documents were able to be requested.

The families of the Chinook victims said the MoD had previously told them the documents related to the disaster were sealed for 100 years due to personal data reasons.

Chris Cook, whose brother Flight Lieutenant Rick Cook was killed, said: “For more than 30 years, our families have fought for truth and accountability. For 16 of those, we had to fight to clear Rick and Jon’s names.

“To now find that personal information has been exposed in this way is deeply distressing.

“It shows a complete lack of care for the families and the impact this crash and long fight for justice has had on all of us, and is highly illustrative of the deceit and disregard we have all faced from day one.

“I had hoped that having been promised proper dialogue by MoD ministers that we would see a change of direction. But it’s the same old MoD up to its dirty tricks.”

In April, families welcomed the Prime Minister’s agreement to meet with them as a “significant” step in their quest for “truth, transparency and accountability”.

Mr Cook said the meeting was “more urgent than ever” and he urged Sir Keir Starmer to confirm a date “as soon as possible”.

The release of the documents has prompted renewed demands for full transparency and a judge-led public inquiry, with families warning they have been informed by senior Government sources that further undisclosed material on the crash exists across Government in several locations.

The Chinook Justice Campaign has called for a public inquiry and for the case to be treated as one of the first tests of the proposed Hillsborough Law, which is intended to enforce a legal duty of candour on public authorities.

An MoD spokesperson said: “The Chinook Justice Campaign have submitted a formal claim to the MoD for a judicial review of our decision to reject the demand for a judge-led inquiry into the circumstances of the crash.

“This process is ongoing and our focus is on responding to that claim, and to the allegations contained within it.

“The MoD follows statutory obligations under the FOI Act, but we are reviewing this case again to ensure that all appropriate due diligence has been undertaken.”