Guidance

Fatal marine accidents: information for family and friends

Published 30 October 2012

© Crown copyright 2012

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This publication is available at https://www.gov.uk/government/publications/information-for-bereaved-family-and-friends/fatal-marine-accidents-information-for-family-and-friends

1. Fatal marine accidents: information for family and friends

Following a marine accident that has resulted in a loss of life, a number of official bodies will seek to establish what happened. The police, government officials, lawyers, insurance assessors and marine surveyors will all be asking similar questions, albeit from different perspectives. This can often appear confusing to family and friends.

This page explains the role of the United Kingdom’s Marine Accident Investigation Branch (MAIB) in investigating marine accidents, and sets out how during an investigation the Branch will liaise with the family and friends of those who have been lost. It also attempts to answer many frequently asked questions.

2. Marine Accident Investigation Branch

The MAIB was established following the Herald of Free Enterprise ro-ro ferry disaster in 1987, with the sole purpose of investigating marine accidents with the aim of improving marine safety. The Branch is an independent part of the [Department for Transport (DfT) (https://www.gov.uk/government/organisations/department-for-transport) and are based in Southampton.

The MAIB’s power to process personal data is compliant with the provisions of Article 6 1.(e) of the General Data Protection Regulation (GDPR) whereby “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”. This is explained in more detail in Section 8 of the Data Protection Act 2018.

We do not apportion blame or liability. We are not a regulatory or prosecuting authority and cannot enforce our recommendations.

3. When an accident occurs

Following an accident at sea, the vessel’s owner along with the senior member of the vessel’s crew is required to report it to the MAIB as quickly as possible, though first notification may come from the coastguard or local police.

4. The preliminary assessment

Sometimes the full extent of the accident is not clear from initial reports. In such circumstances the Branch may conduct a Preliminary Assessment to obtain further details and determine whether the criteria are met to warrant further investigation culminating in a publicly available report. Should the Chief Inspector decide not to continue with an investigation all involved parties will be notified. This usually occurs within 3 weeks of the accident.

5. The investigation

Once the decision has been made to investigate, a team of our inspectors will be tasked to carry out the investigation. Inspectors are very well qualified and highly experienced individuals drawn from the nautical, marine engineering, naval architecture and fishing disciplines. While all are highly trained and competent to investigate marine accidents of any nature, they will also draw on industry experts’ knowledge where necessary.

All accident investigations seek answers to four basic questions:

  • what happened?
  • how did it happen?
  • why did it happen?
  • what can be done to prevent it happening again?

No two investigations are ever the same, and the process may take several different forms. Inspectors will usually wish to see logbooks, charts and other documents and will invariably interview those who may be able to shed light on what happened. They are also likely to take photographs, test physical evidence, and examine computer records. If the vessel contains a Voyage Data Recorder (‘black box’), the data will be removed and examined.

If a vessel is lost at sea, our task is to attempt to find out why. Sometimes, missing or sunken vessels prove impossible to find. However, if the wreck has been located, and should the circumstances permit, we will arrange an underwater inspection to try and establish the reasons for the vessel’s loss. We are not responsible for recovering bodies, or for the marking, raising or removal of the wreck, though in exceptional cases the decision might be taken to raise the wreck if this is necessary to progress the investigation. In such circumstances,we will liaise with the relevant authorities to effect the necessary recovery. Throughout any underwater operations, the lead inspector will endeavour to keep the family and friends informed before the Branch’s intentions become public knowledge.

In very general terms, it takes between 7 months and a year to complete an investigation and publish a report. This may seem a long time, but it may be necessary to interview a wide range of individuals, cross-check evidence, examine equipment and consult with technical experts. Often the true cause of an accident turns out to be very different from the reasons identified in the immediate aftermath of a tragedy.

6. Liaison with the family and friends

Any accident at sea or in harbour involving loss of life results in pain and suffering. The survivors, the family and the community endure grief, loss and confusion. They will have many questions, and at some point will want to know “what happened” and “why”. We attach the greatest importance to keeping the family and friends of the victims informed about the known facts of an investigation. Early in the investigation, the lead inspector will get in touch with the close family, either directly or via the police Family Liaison Officer, to establish a point of contact for passing information.

The lead inspector will normally arrange to visit the close family as soon as it is convenient, to brief them on the investigation. This briefing is usually an opportunity for a two-way flow of information, as it is often the case that the family have important information about the deceased or the circumstances of the accident that the inspectors need to take into account. Also, it is possible that the inspectors need to see important certificates or other professional documents which might have been kept at home. This will never be easy for either party, but the inspectors will always contact the family before visiting.

Thereafter, the lead investigator will keep the family updated on a regular basis, but families are always welcome to talk to those conducting the investigation at any time to learn of its progress.

7. The investigation report

As the investigation draws to a close, the lead inspector will make arrangements to provide the close family with a private brief about our findings. At this stage a copy of the draft report will be passed to the family, who will be invited to consider its contents and to provide feedback comments to the Branch. The Chief Inspector will carefully consider all comments, and the report will be amended as appropriate before it is made publicly available.

The consultation process can take up to 2 months, after which the report is sent to the Secretary of State for Transport and is published. All our investigation reports are publicly available, free of charge, to anyone who has requested them, and they can be read and downloaded from the MAIB’s website. MAIB reports may be presented at Coroners’ inquests and fatal accident inquiries, but they are not admissible in Courts whose purpose is to apportion blame or liability.

8. Conclusion

We acutely aware of the distress caused by the death of a close relative or friend in a marine accident. The Branch is committed to providing thorough, professional reports on the causes and circumstances of such accidents as expeditiously as possible, while keeping the close family fully informed at every stage of its investigation.

9. Data Protection

The MAIB carries out its work under the provisions of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012. These Regulations, and Sections 259, 260 and 267 of the Merchant Shipping Act 1995 under which the Regulations were made, allow the MAIB to obtain any information that is necessary to carry out its investigation

This power to process personal data is compliant with the provisions of Article 6 1.(e) of the General Data Protection Regulation (GDPR) whereby “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”. This is explained in more detail in Section 8 of the Data Protection Act 2018.

The MAIB uses the personal information described above for the purposes of the efficient conduct of its investigations. This information is protected from release by section 259(12) of the Merchant Shipping Act 1995 and the provisions of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 Regulation 13.

To read more on how GDPR affects the way we use and store your data go to: https://www.gov.uk/government/organisations/marine-accident-investigation-branch/about/personal-information-charter

10. Help and advice

The following organisations can offer advice and support to next of kin:

For further information about MAIB or for information about specific accidents, contact us at:

Marine Accident Investigation Branch

First Floor, Spring Place
105 Commercial Road
Southampton
SO15 1GH

Email iso@maib.gov.uk

Enquiries during office hours +44 (0)23 8039 5500

11. PDF version

This information leaflet is also available as a downloadable leaflet (PDF, 154KB).

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