Prevention of Future Deaths reports · 2022
Regulation 28 report to prevent future deaths, reference 2022-0089, written 18 Mar 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 18 Mar 2022 |
|---|---|
| Reference | 2022-0089 |
| Deceased | Emiliano Sala |
| Coroner | Rachael Griffin |
| Coroner area | Dorset |
| Category | Other related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 22 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE· This form is to be used alter an inquest REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. Rt Hon Grant Shapps MP, Secretary of State for Transport 2. Rt Hon Nadine Dorries MP, Secretary of State for Digital, Culture, Media and Sport 3. of Commerce , President of the British Chamber 4. 5. 6. 7. 8. 9. 10. Association , Chair of the Institute of Directors , Chair of the Executive Association of Great Britain , Director General of the Confederation of British Industry , Chair of the Non-Executive Directors Association , Chair of the British Horseracing Authority , Chair of the England and Wales Cricket Board , Chief Executive of the Professional Footballers 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. , Chief Executive of the Premier League , Chair of the English Football League , Chair of the Football Association , Chair of the UK Athletics Association , Chair of UK Sport , Chair of the Lawn Tennis Association , Chair of the Jockey Club Chair of the Rugby Football Union , Chair of the Rugby Football League , Chair of Motorsport UK 1 CORONER I am Rachael Clare Griffin, Senior Coroner, for the Coroner Area of Dorset 2 CORONER'S LEGAL POWERS I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 3 INVESTIGATION and INQUEST On the 8th February 2019 an investigation was commenced into the death of Emiliano Raul Sala, born on the 3pt October 1990. The investigation concluded at the end of the Inquest on the 17th March 2022. The Medical Cause of Death was: la Head and trunk iniuries 1 The narrative conclusion of the Inquest recorded by the jury was "Emiliano Raul Sala died as a consequence of injuries sustained in an aircraft crash, where the flight was operated as a commercial flight without the required authorisations, certification or permission being in place." 4 CIRCUMSTANCES OF THE DEATH On the 21st January 2019 Emiliano Raul Sala was a passenger in a Piper PA-46- 31OP Malibu aircraft, registration , flying from Nantes, France to Cardiff, UK. At approximately 20: 16 hours the aircraft disappeared from radar. Emiliano was recovered from the wreckage on the sea bed on the 6th February 2019. Emiliano died instantly from fatal head and trunk injuries due to a high energy aircraft crash. It is likely that Emiliano was deeply unconscious due to carbon monoxide poisoning at the time of the accident. The organiser, of this flight, charted the aircraft from an unlicensed operator. This flight was a commercial flight operating without the correct certification and relevant permissions. The owner of the aircraft did not have any written contract wither the operator and minimal oversight of the day to day operations. The operator hired the pilot who did not have a commercial pilots license, no night rating and his rating to fly single engine piston aircraft had expired. He had limited experience in flying in instrument meteorological conditions. The aircraft maintenance was up to date in line with part 91 and part 43 however, was not consistent with a part 135 maintenance schedule for a commercial aircraft. These circumstances culminated in an unlicensed night flight, undertaken in poor weather conditions with the pilot under visual meteorological conditions. The pilot likely felt under pressure to complete the flight for a highly valued customer. The pilot lost control of the aircraft during a manually flown turn which was probably initiated the remain in, or regain visual meteorological conditions. The aircraft then suffered an inflight breakup whilst manoeuvring at an airspeed significantly outside its design parameters. The aircraft struck the sea, nose high and in an inverted attitude. The pilot was likely to have been affected by carbon monoxide poisoning. This was caused by a failure in aircraft exhaust system. In-service inspections of the exhaust system do not eliminate the risk of carbon monoxide poisoning. 5 CORONER'S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you. 2 The MATTERS OF CONCERN are as follows: 1. During the inquest evidence was heard that: i. ii. iii. iv. v. Emiliano Sala was an international professional footballer. On the 21st January 2019 Emiliano was a passenger in a single piston engine aircraft flight from Nantes in France to Cardiff in Wales when it crashed into the sea leading to his death. This flight was an illegal flight due to the fact that it was a commercial flight without the required authorisations, certification or permission. There is a market in the illegal provision of flights for reward on private aircraft or flown by pilots without an Air Operators Certificate (AOC). Evidence was given that this market particularly exists in the world of sport and music. These flights do not meet the minimum safety standards for commercial operations and evidence was given this could lead to future aircraft crashes and subsequently, future deaths. In September 2019, following Emiliano's death the Chief Executive of the Civil Aviation Authority (CAA) wrote to a number of organisations about the risks associated with these flights and the launch of the safety campaign by the CAA. Evidence has been given that all those listed at the top of this report numbered 3 to 18 were written to and none of the organisations responded. I attach one sample copy of the CAA letter to this report. In order to stop these illegal flights and therefore prevent future deaths, it is important that these organisations make their members aware of the risks associated with these flights. vi. Whilst the CAA do investigate, and have successfully prosecuted, those involved with these flights, they have limited powers in securing evidence to assist in the investigation of breaches of aviation regulations and such illegal flights. vii. The CAA successfully prosecuted an individual in respect of the operation of the flight which led to Emiliano's death. One of the offences the individual was convicted of was endangering an aircraft. Clearly this is an offence that can lead to death. This successful prosecution relied heavily on evidence that the CAA were only able to obtain with the help of the Police, using their powers under the Police and Criminal Evidence Act 1984. One example of this was the access to phone records and email correspondence from the devices seized by the Police, another was access to financial records seized by the Police. The CAA do not have powers to seize or inspect such devices or records which therefore restricts them in their investigation of breaches of aviation requlations. In circumstances when the CAA are therefore 3 viii. ix. investigating offences alone, they will not have the support of the Police. The CM investigator provided evidence at the Inquest that without the support from the Police in their investigation linked to Emiliano's death, it is unlikely the CM would have been able to secure the criminal prosecution. flights that are This lack of powers means that the CM are restricted in their ability to access information which may lead them to identify the to such illegal documentation is likely to reduce the illegal flights that take place due to the increase in detection and enforcement. Having these powers, and increasing the number of opportunities to prosecute, would also act as a deterrent to such illegal flights being arranged. taking place. Having access 2. I have concerns with regard to the following: i. ii. iii. There could be future deaths as a result of these illegal flights, and I request that the Secretary of State for Transport conducts a review of the powers available to the CM in investigating breaches of aviation regulations. I request that the Secretary of State for Transport consider meeting with the CM to establish what powers they would find of assistance in their investigative and enforcement role. I further request that a review is undertaken by the Secretary of State for Digital, Culture, Media and Sport of the guidance given to the general public, especially all those involved in the sporting and music worlds, about the illegality of these flights and the risks associated with that consideration be given to meeting with the CM who can properly advise on the risks associated with these flights, especially of future deaths that can occur and what support may assist them in deterring people from using these flights. I would again request them. I would request that all the organisations identified at numbers 3-20 in the list at the beginning of this report, consider cascading to all their members, and anyone else they consider will benefit from the information, the illegality of these flights and the risks associated with them, especially of a future death, in order to discourage the use of these flights. I would again request that consideration be given to liaising with the CM who can properly advise on the risks and what support would be of benefit to reduce the use of these flights and prevent future deaths. 6 ACTION SHOULD BE TAKEN In my opinion urgent action should be taken to prevent future deaths and I believe vou and/or your organisation have the power to take such action. 4 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, 13th May 2022. I, the coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise, you must explain why no action is proposed. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons or their representatives: • Hickman Rose Solicitors on behalf of Emiliano's family • Government Legal Department (GLD) on behalf of the Air Accidents Investigation Branch (MIB) on behalf of Cool Flourish Ltd on behalf of Aerotech Aircraft Maintenance Ltd • Civil Aviation Authority (CM) • • Capital Law on behalf of Cardiff City Football Club • • • Kennedy's Law on behalf of Eastern Air Executive • Squire Patton Boggs on behalf of FC Nantes • • Clyde & Co on behalf of Piper Aircraft Inc • Gunnercooke on behalf of Southern Aircraft Consultancy Ltd • The Air Law Firm on behalf of Starr Europe I am also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner. 9 Dated Signed 1sth March 2022 Rachael C Griffin 5 Exhibit SOS-2 Chief Executive's Office 18/09/2019 re: Illegal charter flights Dear- I am writing to seek your support for a new safety campaign to highlight the risks of paying to fly with companies, or in aircraft, that are operating illegally and therefore not properly regulated to meet the highest safety standards. Where we have evidence that these illegal public transport flights are taking place we will actively investigate and prosecute. We believe there are currently a small number of unscrupulous aircraft owners and pilots in the UK who are willing to fly paying passengers despite not being legally approved to do so. These people choose to avoid our rigorous safety oversight that puts higher levels of safety in place for fare paying passengers. We are therefore seeking to raise awareness with those potentially purchasing a flight as to the risks they could face from flying with an illegal operator. It is vital that anyone arranging a work-related flight, either for themselves or a colleague, checks thoroughly that the aircraft operator they are using has the appropriate safety licences and certificates. The awareness campaign we will be shortly launching will target those business sectors and industries which tend to rely on corporate flights as part of their travel arrangements for staff. I would appreciate any assistance you can lend to this important campaign both within your organisation and wider. The campaign will include: • Providing information to passengers at airfields on the risk of using illegal operators • Working with properly licensed operators to explain their extra safety requirements • A social media campaign to raise awareness of the campaign . • A media launch supported by information on our website 3 Exhibit SOS-2 As a first step I would very much appreciate your public support for the launch of the campaign by naming you on the relevant information on our website and perhaps in any media work. We can also supply copies of the campaign collateral for you to distribute within your organisation and to any other relevant linked parties. To help achieve this could I ask in the first instance to ensure your organisation contacts in the CAA communication team to discuss options. Thank you in advance for your support on this important piece of consumer protection work. Yours sincerely CHIEF EXECUTIVE 4
22 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
BRITISH CHAMBERS OF COMMERCE 65 Pelty France London, SWlH 9EU United Kingdom I Mrs. Rachel Griffin Senior Coroner Coroner's Office for the County of Dorset Town Hall, Bournemouth Dorset BH2 6DY Dear Mrs. Griffin I am writing to you in my capacity as President, British Chamber of Commerce, in response to your report into the tragic death of the footballer Emiliano Raul Sala. Our organisation represents the 53 Accredited Chambers which make up our UK network. Together, we represent tens ofthousands of businesses of all shapes and sizes, which employ almost six million people across the UK. We also have a international Network with 77 British Chambers of Commerce and business groups located in every continent of the world and directly linked to UK-based Chambers of Commerce. l Your report called upon our organisation to make members aware of the risks associated with taking flights which are not operated by an individual holding an Air Operators Certificate. Following receipt of your letter we have carried out the following actions: • Our staff have circulated briefing materials to our Chamber of Commerce members so that they can make their members aware of the issues (please see Appendix). This text was taken directly from the Civil Aviation Authority's campaign materials on this issue and was issued following consultation with the Airport Operators' Association. • Our Executive Director has raised this issue in a call with our network of Chamber of Commerce CEOs and asked them to disseminate the information below through their Chamber membership networks. • I personally raised this point at the the BCC Board in March to stress the importance of taking action on this matter. I trust that this meets our obligation to make members aware of these risks, and I thank you for bringing this matter to our attention. Yours sincerely President, British Chamber of Commerce PATRON H MTheQueen OIAl!CTOR G&N&RAL CQmpany UIY'lted by Guarantee, Regl,tered In England No. 96:SS Registered Olllee 65 PetlY France, London SWlH 9EU British Chambers of Commerce 9
75 High Holborn
London WC1V 6LS
britlshhorseraclng.co111
lnto@britlshhorser~cing.com
12 May 2022
Private and Confidential
Mrs R Griffin
Senior Coroner
Coroner's Office for the County of Dorset
Town Hall
Bournemouth
Dorset BH2 6DY
Dear Mrs Griffin
Regulation 28 Notice • Emiliano Raul Sala
I write further to the Dorset Coroner's Regulation 28 Notice, dated 21 March 2022, following the
Inquest into the death of Emiliano Raul Sala, and in response to the Coroner's request for assistance
to raise awareness amongst racing's stakeholders and participants of the risks and potential
consequences arising from the use of illegal flights, in order to prevent future deaths.
This response is sent on behalf of both the British Horseracing Authority ("BHA"), the governing and
regulatory body for horseracing in Great Britain, and The Jockey Club (cc'd), who also received a
copy of your report direcUy and were requested to respond substantively by Friday 13 May 2022.
The BHA and its member bodies are committed to ensuring the safety of racing's participants and
have sought to work with the relevant authorities to raise awareness across the sport of the serious
concerns raised by the Coroner.
Following receipt of your Regulation 28 Notice, I briefed the BHA Board at our April meeting on the
content of the Notice, including the evidence given at the Inquest that there is a market for Illegal
flights using private aircraft in exchange for payment/reward, particularly in the music and spo~s
industries.
The BHA has since engaged with the Civil Aviation Authority (CAA) and has prepared a draft
guidance note to send to each of our member bodies, namely the Racecourse Association, the
Racehorse Owners Association, the Thoroughbred Breeders Association and the National Trainers
Federation, together with the Professional Jockeys Association and the National Association of
Racing Staff. The note is designed to raise awareness of the risks associated with illegal flights and
the responsibility of participants to check appropriate safety licences and certificates when using
private aircraft. The guidance incorporates links to the CAA's own information leaflet and webpage
provides details for relevant persons at the CAA where further advice can be sought, as required.
We have shared the draft note with the CAA to ensure it is correct and that it makes all the points
CAA wish to make and will send it as soon as CAA confinn they are happy with it.
We will also continue to work with the CAA to ensure that any further guidance on this issue that
they feel ls of importance to racing's participants is circulated in an appropriate and timely manner.
Yours sincerely
Chair
cc.
BRITISH
HORSERACING
AUTHORITY
Senior Steward, The Jockey Club
British Ho,seraclng Au1tiantv limited;, a companv limited bv suare11t1e regl,lero~ in England and Wales
Registered Number : 02913358
Registered Office: JS High Holborn, London, Wr.tV 61S
c.11, to and room these olnces mav be rewrded
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12 August 2022 Dear Reply from the Confederation of British Industry to Coroner's report Ref: 171881 Thank you for your letter to Coroner's Regulation 28 report into the untimely and tragic death of Emiliano Raul Sala. the CB l's Director General dated 21 March 2022 and for the accompanying Section 2 (Iii) of the Matters of Concern section of the report requests that we, the CBI, as a member organisation representing UK business, consider cascading to our members and anyone else who we consider will benefit from the Information the illegality and danger of unlicensed and unregulated flights (as detailed in the findings) in a bid to discourage their use amongst the business community. The CBI will of course work to prevent Incidents of this type from happening in the future. The below outlines three areas where the CBI believes It will be able help in these efforts and commits to take the following action: I. I/. Ill. By the end of August 2022 publish an article around the Importance of employee wellbeing and safety on the CBI member facing website linking to the Sala case and the Coroner's findings where public. We wlll llaise with the CAA in the preparation of the article. We wf/1 pass the text on to your office for information once issued. Use the CBI social media account to retweet and amplify to our members and followers the importance of employee well-being and safety, This would be when the article referred to above is published and also should a campaign emerge to raise awareness of the risks highlighted In your report. Flag this case to Its account managers who manage the CBl's aerospace members in a bid to raise the awareness and prominence of the issue of unregulated flights In the sector. Thank you for reaching out to the CBI and we hope this response plays some part In tackling the Issue of unregulated flights in the UK. If you have any questions on this response, please do not hesitate to contact me. Regards Head of Governance, CBI CBI, Cannon Place, 78 Cannon Street, London, EC4N 6HN 16
- Department for Digital, Culture, Media & Sport Department for Digital, Culture, Media & Sport 4th Floor 100 Parliament Street London SW1A 2B0 www.gov.uk/dcms 13 September 2022 Dear Ms Griffin, Thank you for your email sending the Regulation 28 Notice for the Prevention of Future Deaths in relation to Emiliano Sala. This was initially sent to Rt Hon Nadine Dorries MP's Parliamentary Mailbox. As this is separate to the Department for Digital, Culture, Media and Sport (DCMS), we were only made aware of the recommendation for the Department at the beginning of last month, hence the gap between the publication of the report and this response. With regard to your recommendation, the Civil Aviation Authority (CAA) is responsible for the regulation of aviation safety in the United Kingdom, and Ministerial responsibility lies with the Department for Transport (Off). Therefore, it would not be appropriate for DCMS to conduct a review of aviation guidance. You will be aware that the DIT are currently reviewing the powers available to the CAA in investigating breaches of aviation regulations. However, in light of your recommendation, we have discussed this case with the DIT and CAA to assess the most relevant guidance for those involved in sport and music. The CAA recommended their latest guidance alongside a leaflet with further information. We have shared these with the sports organisations your Regulation 28 report was sent to for dissemination to anyone who may be chartering a private flight, as well as Live music Industry Venues & Entertainment (LIVE), the Music Venues Trust (MVT), and the Musicians' Union. In our view, this fulfils your recommendation to DCMS by ensuring the sport and music industries are fully aware of the measures they should be taking to ensure all flights are safe and legal, Yours sincerely, Head of Sport
•Department for Transport Rachael Griffin Bournemouth Coroners Courts Town Hall Bournemouth BH16DY Dear Ms Griffin. Deputy Director for General Aviation, Safety, Skills and CAA Web Site: www.dft.gov.uk 13 May 2022 On behalf of the Department for Transport, I acknowledge safe receipt of your Regulation 28 Report to Prevent Future Deaths arising from the Emiliano Raul Sala inquest and the unfortunate circumstances which led to his death. I write, on behalf of the Secretary of State, to confirm that, together with the CAA, a review is currently being undertaken of the powers available to them in investigating breaches of aviation regulations and also what powers they would find of assistance in their investigative and enforcement role. It is not possible at this time to say what the outcome of this review will be, only that further time is required to enable this review to be completed and to decide whether any further action needs to be taken and, if so, what form such action will take. Accordingly, we respectfully seek an extension of time until Friday 11 November 2022 in order to provide you with a detailed response in line with your request. If a response is able to be provided sooner then of course we will do so. We would wish to take this opportunity to reassure you that the Department remains committed to doing what it can to deter and prevent illegal flight activity. Yours sincerely, 1 • Department for Transport Rachael Griffin Bournemouth Coroners Courts Town Hall Bournemouth BH16DY Dear Ms Griffin, DEPARTMENT FOR TRANSPORT GENERAL AVIATION , SAFETY, SKILLS ANO CAA AVIATION DIRECTORATE Web Site: www.dft.gov.uk 11 July 2022 Further to recent exchanges of correspondence between us. In my letter of 23 May 2022 I informed you that, together with the CAA, a review was being undertaken of the powers available to them in investigating breaches of aviation regulations and also what powers they would find of assistance in their investigative and enforcement role. I also requested further time (until 11 November 2022) to enable this review to be completed effectively and to decide whether any further action needed to be taken and, if so, what form such action would take. By an email dated 30 May 2022 you refused my request for an extension of time to provide a detailed response to your requests, and in your letter dated 30 June 2022 you requested a formal written response by 11 July 2022, failing which you required the attendance of a representative from this Department to attend court on 18 July 2022 in person to explain the reasons for the delay. I again write on behalf of the Secretary of State for Transport and respectfully ask that you treat this letter as the Department's formal response to your previous requests in so far as it has been possible to comply with them within the time pennitted by you. 1. In relation to your request that the Secretary of State conduct a review of the powers available to the CM in investigating breaches of aviation regulations, I can confirm that such a review has now been carried out together with the CAA 2. In relation to your request that the Secretary of State consider meeting with the CAA to establish what powers they would find of assistance in their investigative and enforcement role, I can confirm that such a meeting has taken place between officials in the course of conducting a review of the powers available to the CAA in investigating breaches of aviation regulations. 3. In relation to your request that, in addition to providing details of action taken, this response also contain details of action to be taken, setting out the timetable for action or otherwise explaining why no action is proposed, I can confirm that: (i) As part of its ongoing work to deter and prevent illegal flight activity and to ensure the safety of consumers and other members of the public, the Department (and CM) are currently considering responses received to the consultation on cost 2 sharing regulations for private pilots, which was launched on 1 December 2021 and ran for a period of six weeks. This work is inextricably linked to the matters with which you are particularly concerned on the basis that pilots and passengers of illegal commercial air transport often collude to present illegal flights as legal cost shared flights. Accordingly, these matters do need to be considered together and as part of the Department's wider aviation safety rule-making programme. We are aware that the CAA has responded to you separately on other aspects of cost share flights and documentation, including making changes to its website to make it easier for members of the public to report information about illegal public transport. (ii) In parallel with the ongoing work on cost sharing arrangements, the Department is continuing to consider in detail what meaningful changes might be able to be made, in both policy and legal terms and, perhaps, in other respects, in order that the CAA is able to investigate suspected illegal flight activity more effectively. As you will appreciate the aviation regulatory framework is extensive and any changes to the law require careful consideration and justification. This or any other form of action may well require discussions with and the cooperation of other government departments and the police, in addition to further public consultation. It is therefore simply not possible as matters stand to provide you with further details about precisely what action might be taken nor the timeframe for such action, but I can reassure you that the Department remains committed to preventing future deaths and accidents from arising as a result of illegal flight activity by taking whatever action it considers necessary. (iii) The Department will continue to work closely with the CAA, who also recognise that no single measure or type of action is likely to provide a complete solution to this particular problem, and like them the Department intends to provide you with a further update in due course. I trust this response meets all of your requests insofar as the Department is able to at this time, and I take this opportunity to thank you for your understanding and forbearance in all the circumstances. You rs sincerely, 3
Coroner's Support Team Coroner's Office 11 th August 2022 Subject: Emlllano Raul Sala - Regulation 28 Report to Prevent Future Deaths (ref: 171881) ) Ms Thank you for your email and the earlier copy of the Regulation 28 Report to prevent Future Deaths. I am the Chairman of the Executive Association of Great Britain which is networking group in London that meets once a month. We do not arrange the travel for any of the members or the guests to our meetings. In addition none of our members travel by air to attend the monthly meetings. I believe that the report and concerns about the air travel provided by an unlicensed operator are not applicable to our particular circumstances. Yours sincerely Chairman of the EAGB 15
Ms Rachael Griffin
Coroner's Office for the County of Dorset
Town Hall
Bournemouth
BH2 6DY
11th May2022
Dear Ms Griffin
We refer to the Report to Prevent Future Deaths Issued by Rachael Griffin for the Coroner Area of Dorset
(the "Coroner'') on 18 March 2022 under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and
regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 (the "Report").
In the Report, the Coroner noted her concerns regarding the market in the illegal provision of flights for
reward on private aircrafts or flown by pilots without an Air Operators Certificate, which do not meet the
minimum safety standards for commercial operations and could lead to future aircraft crashes and deaths,
and the particular risks posed in the world of sport. The Coroner invited the England and Wales Cricket Board
(the "ECB"), amongst others, to consider cascading to all of its members, and anyone else the ECB considers
will benefit from the Information, the illegality of these flights and the risks associated with them (especially
of a future death) to discourage the use of these flights.
Assessment of risk
Since receiving the Report, the ECB has been taking steps to understand the level of risk that currently exists
within cricket In order to better understand what communications and information would be of most benefit
to stakeholders within the sport. We have summarised below our understanding of the current position.
ECB fll1hts
All corporate travel for ECB employees and representatives, including England teams, senior management
and the Board, must be booked through the ECB's travel management company Ventur. All flights must also
be approved by the executive assistant to the ECB CEO to ensure that the appropriate process has been used.
The ECB arranges flights on behalf of the vast majority of players or coaches who are playing in The Hundred
and the same process applies. If players are already In the Jurisdiction playing In other ECB competitions,
flights will not be arranged by the ECB, but the ECB may make a contribution to the flights arranged by the
First-Class County or the player. Some players or coaches also choose to arrange their own flights and then
claim the money back from the ECB in expenses, particularly If their family are travelling out with them or it
is cheaper for them to arrange their own flights (for example using airmlles). Since The Hundred started, this
has only applied in a handful of cases and in each case the player or coach was flying with a major commercial
provider and not on a charter flight.
Before the pandemic, Ventur did not arrange any charter flights for the ECB and since the pandemic only a
small number of charter flights have been arranged. Charter flights are only arranged for large groups, of
c.40-50 people. When Ventur arranges commercial flights on behalf of the ECB, It only uses reputable airlines
who comply with Civil Aviation Authority ("CAA") regulations and checks are conducted to ensure that Ventur
are comfortable with the safety of the airline selected. If charter flights are required, Ventur use ACS (a
reputable charter broker) to Identify an appropriate charter. Ventur use ACS as a broker for all of their clients,
19
not just the ECB, and have done so for at least ten years. The benefits of using ACS as a broker is that they
have an internal compliance team who check the airline's documents and provide insurance coverage In
respect of the flights.
--= ECB
The airline selected depends on the nature and circumstances of the flight (including availability). ACS usually
Identify European airlines to ensure they are compliant with the European safety requirements, or large
carriers such as Singapore Airlines or Virgin Atlantic, which further minimises the risks. However, If ACS
identify a new airline that Ventur have not used before, Ventur also requests copies of the pilot's licences,
aircraft certificates and Insurance policies to get additional comfort about the safety of the flights. If a charter
flight is organised, ECB legal also review the contract in place with the charter provider.
The ECB is therefore very confident that any flights that it arranges for ECB employees and representatives,
and In respect of The Hundred, are arranged with legal and reputable providers.
One potential risk which has been flagged Is that the ECB arranges for England teams to get to the host nation
for any international match or tour but the host nation then arranges any internal flights which are necessary
and the ECB has no control over this . The ECB Intends to flag this risk to the members of the ECB executive
who are involved with arranging International tours so that they can request details of any internal flights
which are being arranged for England teams and appropriate checks can be undertaken.
Professlonal teams
In the professional game, the ECB raised the issue with the CEOs of the First-Class Counties and they
confirmed that there is minimal, if any, use of private charter flights. The only type of journey that may
involve a flight would be from one of the furthest away counties to another (e.g. Hampshire to Durham), but
that would most likely be a scheduled flight rather than a charter flight.
None of the Regional Hosts (the professional teams In the women's game) have flown by charter flight to
date. Given the current stage of development and financial resources of the women's same, this is unlikely
to change in the near future.
Professional players
We understand from the Professional Crickets' Association ("PCA") that it Is very rare that individual players
arrange their own charter flights, as opposed to scheduled flights. The ECB also does not arrange charter
flights for individual players, only commercial flights.
As detailed below, after speaking to the CAA, we understand that their main area of concern Is players
arranging last minute, ad hoc flights for themselves between small air fields. As far as we are aware, this Is
Incredibly rare (or potentially non-existent) amongst cricket players, but we will flag this concern and the
points discussed with the CAA when we send out information to the PCA.
Recreational teams
In light of the position in relation to professional teams and players, we have no reason to believe that any
recreational teams would have the resources to charter flights.
Communications with the CAA
The ECB has also contacted the CAA to discuss Its proposed action further, in particular to understand what
support would be of most benefit to reduce the use of Illegal charter flights and prevent future deaths. We
, who explained that the key
spoke to the CAA Assistant Director and Head of Campaigns,
20
risk area, especially In sport, is in people seeking to get last minute, ad hoc, inexpensive transport, often from
one local airfield to another local airfield, and that it is therefore important to target individuals to alert them
to the inherent risks and ways these risks can be avoided.
•= ECB
directed the ECB to the CAA's "Legal to Fly" leaflet on their website, which provides guidance
for people looking to hire a flight. The guidance, titled "Everything you need to know about flying safely in
light aircraft & business jets" includes a section on how to be sure a flight is legal and safe if it is a flight other
than a scheduled airliner. The advice leaflet includes points such as:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
ensuring the flight ls protected by only using approved operators;
checking the operator is legal by visiting www.caa.eo.uk/aocholders:
contacting the CAA at fod.adinln@caa.co.uk if the company's name cannot be found;
asking to see the Air Operator's Certificate of any company, organisation or individual operating
public transport flights as this will prove they meet all relevant insurance and safety
requirements;
doing your own research if a flight has been arranged on your behalf; and
contacting the CAA at iet@caa.co.uk if there is any suspicion of an illegal flight being offered.
The ECB Intends to Incorporate this list and a llnk to the CAA's guidance, into the communications It sends to
stakeholders within the game. As
emphasised the need to make individuals aware of these
steps as well as representatives who arrange flights 1 we will make this clear to all stakeholders who receive
our communications as below.
Next steps
We Intend to circulate communications to appropriate representatives of the ECB, First Class Counties,
Regional Hosts and the PCA within one month of the date of this response. Further, given the CAA's position
that these Issues need to be brought to the attention of individuals, we will emphasise the Importance of
ensuring that the information Is shared directly with the players and will ask the PCA to circulate the
communications to all of their members and to player agents.
As flights for The Hundred are arranged by the ECB, we do not consider it necessary for the communication
to be sent to representatives of The Hundred teams but will ensure that the communications are provided
to the members of the ECB executive with responsibility for arranging flights for The Hundred.
As an aside, we should note that we have not been able to identify any record of the ECB Chair or Chief
Executive Officer receiving either the letter from the CAA dated September 2019 or the Report itself.
Yours sincerely
ECB Legal Department
21
Georgina Oldroyd
From:
Sent:
To:
Subject:
To: Club Secretaries
Dear Secretary
CiVII Aviation Authority
The Civil Aviation Authority ('CAA') wishes to raise awareness around the risks of illegal public transport using
unlicensed aircraft for commercial purposes. The use of such aircraft is a risk to the safety of passengers carried.
The CAA has updated it guidance material and reminds the users of aircraft being charted commercially that the
operator Is required to hold an Air Operators Certificate, this means that they are properly regulated and operate to
Internationally recognised safety standards. If an aircraft Is operated on a commercial basis outside of these
regulations then It Is likely that the fllght will be illegal and that any Insurance could be invalidated.
If anybody has any specific questions on this matter, then they are Invited to make contact with the CAA who can
give further advice If needed, either through the e-mail addresses in the attached or through the CAA's website which
can be found at:
https://www.caa.eo.uk/Our-work/lnformation-reguests/Make-an-engulry/
https://www.caa.eo. uk/Our-work/About-us/Contact-us/
Best wishes
Head of Player Admlnstration
EFL
Please note our offices are now closed and all staff are working from home - please contact us via telephone
and emall only, documents should not be posted.
25
27 April 2022
Mrs. Rachael Griffin
Senior Coroner
Coroner's Office for the County of Dorset
Town Hall
Bournemouth
Dorset BH2 6DY
Dear Mrs Griffin,
'1 Regulation 28 Report - Emlllano Sala
Thank you for supplying a copy of your Regulation 28 Report, and we are pleased to be able to provide a full update
on steps taken by the EFL since the tragic death of Mr Sala and the pilot of the light aircraft In which he was travelling.
Specifically, we have been asked to 'consider cascading to [our] members, and anyone else [we] consider will benefit
from the information, the illegality of these flights and the risks associated with them, especially of a future death, in
on:Jer to discourage the use of these flights. '
You have also encouraged us to 'llaise with the CAA who can properly advise on the risks and what support would be
of benefit to reduce the use of these nights and prevent future deaths'.
We have noted that at paragraph 1(v) of the Report it is said that the EFL was contacted by the Civil Aviation Authority
in September 2019 with an outline of the risks associated with these flights. Despite an extensive search we can find
no trace of having received directly any such correspondence.
However, we are aware that the FA did receive contact from the CAA because this was formally reported to the body
established by the EFL, Premier League, FA and Professional Footballers' Association to discuss and agree matters
relating to employment of players - the Professional Football Negotiating and Consultative Committee (the PFNCC).
The PFNCC agreed that any guidance Issued by the CAA should be shared with Clubs. The guidance was received
in March 2021 and was promptly Issued to all Clubs. A copy ls attached by way of reference. A copy of the guidance
also remains avallable to Clubs via our 'Club portal' system alongside all other key Information documents that relate
to Club operational matters. The EFL will reissue a link to the guidance in advance of each transfer window, so that
it remains at the forefront of thinking about travel arrangements for players. This will extend to any updated CAA
guidance that may be Issued from time to time.
Ultimately Clubs have the legal duty to manage the risks associated with travel for employees and other individuals
connected to the Clubs, but by ensuring this guidance remains available (with appropriate reminders) we can at least
ensure it remains at the forefront of their minds when planning travel arrangements for current or prospective players.
We hope this response assists but remain willing to engage In any further discussions should this be necessary.
Yours sincerely,
Chief Operating Officer
EFL House
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24
Chair Institute of Directors 116 Pall Mall London SWlY SED 9 August 2022 Mr Ian Parry Senior Coroner's Officer The Coroner's Court for the County of Dorset Town Hall, Bourne Avenue BH2 6DY Dear Mr Parry Thank you for sending me the Regulation 28 Report relating to the death of Emiliano Raul Sala. I JllUSt apologise for the delay in replying to you. Unfortunately, your original email was Incorrectly identified as potential malware and deleted from our systems. I have now received the report and wish to Inform you of the action that the Institute of Directors (loD) is taking to disseminate the findings amongst Its membership. the The loD will be Including a statement relating to the report in its 'Influence' email to its 20,000 members follows: on (https;//www. od.corn/news/l11frastruc:1ure/wan,lnn-to-1ocJ -roenibers-concernl11g-lll!!•dangers-of- unauthorised•fllBh ts(). August 2022. We have already posted a notice on our website as 10th The content of our summary to members Is as follows. Warning to loD members concerning the dangers of unauthorised fllShts Emiliano Sala was an international professional footballer. On the 21st January 2019 Emiliano was a passenger in a single piston engine aircraft flight from Nantes in France to Cardiff in Wales when It crashed into the sea leading to his death. The Coroner's investigation has determined that this flight was an illegal flight due to the fact that it was a commercial flight without the required authorisations, certification or permission. It was also revealed that there is a market in the illegal provision of flights for reward on private aircraft or flown by pilots without an Air Operators Certificate. Evidence was given to the Coroner that this market particularly exists In the world of sport and music. These flights do not meet the minimum safety loD London 116 Pall Mall London SWIY SEO W iod.com/locatlons/london 11 standards for commercial operations and evidence was given this could lead to future aircraft crashes and subsequently, future deaths. The Civil Aviation Authority has asked the loD to publicise the risks associated with unauthorised flights amongst Its membership. It Is essential to raise awareness of this Issue amongst loD members and the general public in order to stop these Illegal flights and therefore prevent future deaths. I hope that this represents a satisfactory response to your request. In the meantime, do not hesitate to contact me if you have further queries. Yours sincerely Chair, Institute of Directors loD London 116 Pall Mall London SWlY SED JJ • • 12
TENNIS FOR BRITAIN LTA The National Tennis Centre 100 Priory Lane, Roehampton London SW15 SJQ H M Senior Coroner, Mrs Rachael C Griffin The Coroner's Office for the County of Dorset Bournemouth Town Hall Bournemouth BH28DY Dear Mrs Griffin Re: Regulation 28 Report to Prevent Future Deaths We can confirm that, in response to the Regulation 28 Report to Prevent Future Deaths and in order to comply with paragraph 5.2.iii of such report, a communication was sent out by email on 9 August 2022 to the players that the LTA considers are most relevant in these circumstances. The text of this email Is set out in the annex to this letter. Yours sincerely LTA Legal Team L,JWfl Te11 11is As,o::i JUOll Li 111i lC(J. ll?\thl(,ietl 01 EnqlamJ an(J WJ lf' S V'Ji ( il wn1p;1ny l\ ll ll lDN 07-Hrd(i'I uni.I h,1c~ng its re~fs1e rc d oll,u , at file Na11on.i 1renn1<. C0ntte. JO[J P,ioiy lan,i, Ro~h.ur,pm11, Lonclnn. SW l S S.ll) 32 ANNEX Message on behalf of L TA Communications: Illegal Flights In response to and following a coroner's inquest into the circumstances surrounding the death of professional footballer, Emiliano Sala, the coroner has asked for the LTA to cascade information to all players in relation to commercial flights from unlicensed operators. This means you should consiciRr thP. following If a passenger In an aircraft other than a scheduled airliner: All flights are required to meet certain standards, and the organisation or individual operating the flight must have the correct certificate, insurance and licenses. Commercial flights which are unlicensed and operate without the required authorisations, certifications or permissions In place are illegal, and have significant risks associated with them, Including risk of fatality. More information is available from the Civil Aviation Authority, including information on what to do if you think you are being offered an illegal flight: https://www.caa.co.uk/consumers/guide-to- aviation/mak!ng-sure-your-flight-ls-legal/ ., l"l 33
From:
Sent: Tue Jun 14 15:50:28 BST 2022
Subject: Re: Emiliano Raul Sala (ref: 171881)
FORMAL RESPONSE OF MOTORSPORT UK ASSOCIATION LIMITED ('MOTORSPORT UK')
TO REGULATION 28 REPORT ('the Report') IN THE ABOVE MATTER
Motorsport UK is the UK national sporting authority of 4+wheeled motorsport, recognised
by FIA (World Governing Body) and recognised by UK Statute for the purposes of the
Road Traffic Acts and related Regulations ('ASN').
Motorsport UK as ASN acknowledges the factual premise of the Report in the above
matter and the seriousness of the issues raised, notwithstanding that independently
arranged travel of Competitors (Entrants and Drivers) and Officials is outside the direct
remit of the ASN and that ASN does not make such arrangements.
In light of the Report, the ASN will so soon as practicable publish advice to its License
holders by means of clear notice on its website and in its monthly ezlne 1Revolution'
relating to and drawing attention to the concerns raised by the Report regarding air-
worthiness of privately chartered aircraft and the qualifications verification of pilots
contracted to provide the services together with recommendation to refer to the CAA in
the event of any doubt or concerns.
I trust this is sufficient for your purposes and thank you for bringing the matter to our
attention.
Regards
Regulatory Counsel & Disciplinary Officer
O motorsport UK
12 August 2022 Coroner's Office Sent via emall only Dear Sir/Madam, Following my email response of 8 June 2022 to your Regulation 28 Report, detailed below, I would like to reconfirm we are treating this with the utmost seriousness. In order to most effectively cascade your concerns to our member Clubs, we will send appropriate correspondence to the Legal, Club Secretarial, and Football departments at each of the Clubs. That should ensure that relevant personnel who will be dealing with transfers and travel arrangements are provided with full notice. In that correspondence, we will signpost to the Civil Aviation Authority for further information and guidance. We are meeting with our Clubs at our Annual General Meeting on 9 June 2022. I will personally ensure that this matter Is also raised to the Chairs/Chief Executives/Owners who are attending that meeting. ) If the Premier League can be of any further assistance to the Coroner's Office, please do let me know. Yours faithfully, Chief Executive Premier League Brunel Building 57 North Whorl Road Landon W2 lHQ The FootballAssociotlon Premier League Limited No. 27196991:ngland 23
Sent: Wed Jul 06 09:56:24 BST 2022
Subject: RE: Emiliano Raul Sala (ref: 171881)
Dear
Thank you for your letter dated 28 June 2022.
In order to provide a fuller response for HM Senior Coroner, we have contacted the other football
stakeholders in the domestic game to discern what actions have been taken in advance of the PFNCC
meeting scheduled for September 2022 at which this matter will be discussed {having been raised as an
agenda item by the PFA). For the avoidance of doubt, the PFA has not delayed in placing this item on the
agenda - September is the next meeting of this body where all stake~olders are in attendance.
Notwithstanding this, from our investigations we have learned that:
• Premier League (PL): The PL discussed this issue most recently at its AGM in June 2022 and sent a
communication to all Premier League clubs following this.
• English Football League (EFL): The EFL has sent a communication to all English Football League
clubs. A copy of the CAA's guidance also remains avallable to clubs on the EFL's portal. We are
advised that the EFL will re-issue a link ta this guidance in advance of each transfer window.
• Football Association (FA): The FA issued the CAA's guidance to the Premier League and EFL for
dissemination to the dubs. The FA has also sent the CAA guidance directly to its Registered
Intermediaries.
We have written to our current members this week and put on our website, to raise awareness on the
issue of unlicensed aircraft, and attached the guidance Issued by the CAA in that messaging (which was
provided to us by the EFL). We will ensure that this message Is re-sent In advance of each transfer
window, to include any updated CAA guidance that Is issued from time to time. Ta note, we have searched
relevant email boxes at the PFA and as far as we are aware, we did not receive anything direct from the
CAA in September 2019.
We will also add this Issue as an agenda item for the next relevant FIFPRO meeting (FIFPRO is the
worldwide representative organisation of professional footballers), so that trade unions from other
associations can raise In their respective countries.
)
The PFA was shocked and deeply saddened by the death of Emiliano Sala and would not want to see this
tragedy repeated. However, as the players' trade union, there is a limit to what we can do as a body to
effect change. Ultimately it is very rarely individual players who make the travel arrangements - this is
done by the clubs and/or the players' intermediaries. In the case of international transfers, where a player
is joining a domestic club from abroad, the player will most likely not yet be a member of the PFA and
therefore will be outside of our network until he/she has signed for the club and joined the union (as was
the case with Emiliano Sala), To the extent that the football industry introduces any specific rules or
regulations on this issue, this will be at the behest of the leagues and/or governing bodies (including FIFA
and UEFA, amongst others, due to the international dimension of this particular issue).
We hope this information assists and we are happy to clarify any details, should that be necessary.
Kind regards
Assistant Chief Executive
Professional Footballers' Association
22
RUGBY ( JFOOTSALL ~.LEAGUE ouavweat Trafford Wharf Rd Treffard Park Mancheatar M171HH HM Coroner The Coroner's Office for the County of Dorset Bournemouth Town Hall Bournemouth BH2 6DY 19 August 2022 Dear Sirs Resulatlon 28 Report to Prevent Future Deaths Inquest touchlns the death of Emiliano Raul Sala I have been passed your correspondence relating to this matter and apologise for the delay in writing to you. I know that you have contacted my colleague returned that call at 3.25 today and have left a message. I am more than happy to talk with you If necessary. and left a volcemall. I I think there has been some issue with the Report to Prevent Future Deaths being served upon us. However, I can confirm that we have considered the RPFD and actioned the requests of HM Coroner. Rugby League is a sport that does not use such flights as mentioned in this case but we have still written to all our member Clubs advising them of the situation and asking that they ensure that wherever they do not sue such flights., We would also be happy to meet with the relevant authorities. We informed all our Clubs of this within 7 days of receiving the RPFD and ensured It was circulated to the relevant decision maker at the Club and to the CEO. I trust this information is sufficient but would be happy to discuss with you on a call. Again we apologise for the delay In formally responding • Yours faithfully Director of Operations &Legal , . , INVESTORS ( ._,/ IN PEOPLE irt~~ l"°lOYU liRliMI Rfl.i,U1~lt0~"10nWr,t ol thuRu~bV Foollu:111 Loa ~uoo LW .,,htctt is wholly cMno~b•1 Arl (Oovorninu 8o<lvl l<d, R-UQl1IU! rr.1rro,,1 \i\'h.vi FW.Tl:ifforrl Patk. MN1ChBSlt1r. Ml71HH Reqlstornrl No 184~47:1 llti°CVO!i';:i' 0u.o'I Wri!M, 39
I RFU 200 Whiuon rt· ur,m;•m ,w~IW Rugby fhotball Union Rugby Hou,e, Twickenham Stadium e11glandru11by com TO AU PREMIERSHIP CLUBS Dear Chief Executive, 20June 2022 CORONER REPORT TO PREVENT FUTURE DEATH-CHARTERING COMMERCIAL FLIGHTS I am writing following the Inquest into the death of professional footballer Emiliano Sala on 21 January 2019, which has been undertaken by Rachael Griffin, Senior Coroner for the Coroner Area of Dorset (the Inquest). Mr Sala was found to have died as a result of injuries caused by a high energy aircraft crash whilst flying between Nantes to Cardiff, As a result of the Inquest, the RFU, together with other sporting bodies, has been served with a report by the Coroner known as a Regulation 28 Report to Prevent Future Deaths (the PFD Report), a copy of which is enclosed. The Coroner concluded that the illegal provision of flights for reward on private aircraft, or flown by pilots without an air operators' certificate was particularly prevalent in the sport and music industries and therefore requires those to whom she sent the PFD Report to pass this to relevant stakeholders. This was discussed at the Professional Game Board, and although clearly flights such as these are likely to be far more prevalent in other sports such as football, there may be some relevance to professional rugby clubs In England. The purpose of this letter is therefore to request that you review the PFD report so that you are aware of the risks associated with flights such as these and to ensure, In the event commercial flights are chartered by Clubs (for away games or otherwise), that due consideration is given to ensuring that such flights are legal and have in place all required authorisations, certifications and permissions. ) We would be grateful If you would pass this letter and its enclosure to the attention of all employees within your Club who may be Involved in procuring or organising commercial flights for Club operations. If you had any queries or concerns in relation to the PFD Report, or regarding using commercial charter flights generally, we would suggest that a first port of call is the Clvil Aviation Authority. Yours faithfully Director of Legal and Governance Rugby Football Union T•amwork RHpod Enj<l)l111 (011 l)iu ·ip lino Spmt1i1mtn!ihir, 38
IRFU Rugby Football Union R1<gby Houa.,, Twickenhom S1adium 200 Whltlon cad, Twickenham TW2 ?Ill\ en1J]0nd,,1gby.ro111 Ms Rachael Griffin, Senior Coroner, for the Coroner Area of Dorset Bournemouth Coroner's Court Town Hall Bournemouth BHl 6DY 20June 2022 Dear Ms Griffin, CHARTERING COMMERCIAL FLIGHTS - REPORT TO PREVENT FUTURE DEATH We write with reference to the Inquest into the death of professional footballer Emiliano Sala on 21 January 2019, and the Regulation 28 Report to Prevent Future Deaths dated 18 March 2022 and issued to the RFU under paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 (the Reaulatlon 28 Report). Thank you for your forbearance whilst we have worked to identify, review and action the recommendations in the Regulation 28 Report, and we are pleased to respond as follows. Having considered which of our members are likely to charter aircraft for commercial operations, we can confirm that we have cascaded the findings In the Regulation 28 Report to all clubs Involved in the Premiership, being the top level of the professional game In England. This is the only fully professional league within rugby union In England. A copy of the letter which has been sent to the Chief Executives of all such Clubs Is enclosed for the Coroner's reference. We also raised this subject at the June meeting of the Professional Game Board, which ls the forum for discussing principal matters relating to the professional game, made up of representatives of the RFU, Premier Rugby, Premiership rugby clubs, Championship rugby clubs and the Rugby Players' Association. We do not consider It likely that other clubs within the membership of the RFU are likely to, or indeed can afford to, charter private aircraft for commercial purposes, neither are we aware ofthls having happened in the past. It is our understanding that to the e)(tent Clubs need to charter flights for either team travel or other purposes, they are llkely to make use of commercial airlines given the costs involved. We would also wish to add that there are Clubs within the membership of the RFU and who participate in the RFU leagues who travel to Jersey, Guernsey and the Isle of Man to play rugby union. As above, these teams make use of commercial airlines for these purposes. The RFU Itself has a commercial arrangement with British Airways, and the majority of flights used for RFU staff and teams are organised through British Airways. T••mwcrk Ro•pat:I E11Joy1110111 Dl1<1111lno Sputl1111ru1.J1lp 36 Aside from those mentioned above, we do not consider that the Regulation 28 Report needs to be shared further with other Clubs within the RFU membership, as it Is highly unlikely that they would be chartering commercial flights for Club or rugby union related purposes. It is Important to note that the financial resources of Clubs within the RFU membership Is significantly lower than those In Football or some other sports, and accordingly the risk of Clubs chartering the type of flights which the Regulation 28 Report seeks to highlight is, in our opinion, minimal. We have nonetheless taken action and communicated the associated risks to those Clubs where we believe the risk is potentially the highest. Should you have any queries, or require any further information, please do not hesitate to contact WIii Leney of these offices via ~ho will be able to assist. With best wishes. Yours sincerely Director of Legal and Governance Rugby Football Union 37
Strictly Private & Confidential
For the attention of:
Rachel Claire Griffin, Senior Coroner, for the Coroner Area of Dorset
Ii)
0
(!)
13th May 2022
Dear Coroner,
We refer to your report of 18 March 2022. Unfortunately neither your report nor any letter from the CAA of Sept
2019 was received by the FA as far as we are aware. Your report was provided to us by the English Football
League on 27 April 2022. As we did not receive the report, we have also had to rely upon the English Football
League for the email address to where we should send our response.
The FA does not have knowledge of the practice of illegal flights as described In your report and was not an
interested party at the inquest. In the absence of being able to review all the evidence presented to the inquest
(which would also require expert advice even if we did review the evidence) The FA is not in a position to
comment upon the regulatory functions of the CAA or the extent to which any suggested lack of powers inhibits
its function of investigating air accidents and prosecuting where the evidence supports a prosecution.
We are able to confirm that the CAA did contact our Customer Services team in April 2019. We then agreed a
form of words to be sent to clubs regarding the hire of aircraft. The CAA contacted us again in May 2019 asking
that we delay issuing any information because the CAA was updating its guidance. The FA did not hear from the
CAA again until January 2020 when we were informed that the guidance on "Illegal Public Transport" had been
updated and they would like assistance in circulating the new guidance. We agreed to do so and we were
informed a document would be sent to us the following week. Nothing was received and so we followed up with
the CAA. The CAA apologised having thought the new guidance had been sent to us. It was subsequently sent to
us and it was then sent out by the Leagues on behalf of the FA to clubs and by the FA directly to Registered
Intermediaries in March 2021.
We believe we have done what we can in this matter particularly given the subject matter and obvious
jurisdictional matters but are of course willing to assist further if we can.
Yours faithfully
Director of Legal and Governance
For and on behalf of The Football Association Limited
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THE JOCKEY CLUB Dorset Coroners Office Town Hall Bournemouth Dorset BH26DY Date: 23 May 2022 To Whom It May concern, Re: Regulation 28: Report to prevent future deaths (1) ) The Jockey Club does take the safety of our airfields or landing areas and any customers using these airfields very seriously. All aircraft movements should be booked in advance, with the larger and busier airfields (Cheltenham, Epsom and Newmarket) using Helicopter & Aviation Services Ltd to manage all air traffic, on both racedays and non-racedays and provide advice for the smaller racecourses who occasionally allow an aircraft to land on a raceday if requested. None of our airfields or sites are set up to allow aircraft movements at night. All aircraft operating at Jockey Club Racecourse airfields are required to obtain prior permission to land and demonstrate that the pilot is suitably licensed. record the aircraft registration number, prove they have insurance on the aircralt and are fully briefed for use of the field. Helicopter & Aviation Services Ltd would not allow any aircraft to land which were unable to demonstrate this. All aircraft operators are also requested to report whether a flight is private or commercial and if commercial confirm their AOC number. If it is confirmed as a private flight. we are unable to insist on their providing this information, we appreciate the severity of illegal or 'grey' charter in the sporting world and its potential dangers, l J Where requested, Helicopter & Aviation Services Ltd and Jockey Club have and continue to provide records of aircraft activities that may be of interest to the investigations division of the Civil Aviation Authority, Borderforce and any other relevant authority as and when requested. While we cannot take responsibility for the actions of our customers and their choices of flight operator any more than we can police the legality of those driving to and from our racecourses, we do endeavour to keep our customers informed on the risks and ourselves as an airfield operator informed of their operation. The ,JocKey Club, 75 High Holborn, Lontion. WC1V 6LS I r: +44 (0)2/J /WI I 1800 I E:1nfo@t!1e1ockeyclLH.l,CO.l.lk I VV tl1EJU(lf;ycf,i1>.(0, ,~ 34 .... THE JOCKEY CLUB I hope that this clarifies our intent to support the CAA in its efforts to pursue illegal charter operations within our powers as a private airfield operator. Yours faithfully, I ) ) u The Jockey Club, 75 High Holborn, London. WC1V 6LS I T:+44 (0)20 7611 1600 I E:lnfo@thejockeydUb.co.uk I W:lhejockeyclub.co. uk Jockey Club R4teec,11ree• LlmilGd. Regl,terud in England Number: 02809409 J Regialered Office; 75 High Holborn, L.ondon WC1V 6LS 35
· from:
Sent: Thu Jun 09 08:19:52 BST 2022
Subject: RE: Emiliano Raul Safa (ref: 171881)
Dear Ms Griffin,
Thank you for providing us with a copy of the Coroner's Report which we have duly reviewed.
Firstly, we would like to apologise for not responding within deadline and thank you for agreeing
to extend the deadline for response to Thursday. We appreciate the importance of this work and
fully understand the seriousness of the points raised, and may we therefore take this opportunity
to extend our thanks for the work being done In respect of this very important issue.
UK Sport can confirm that use of illegal private plane journeys are not permitted with funding
provided by us to any of the sports or athletes that we invest in, and therefore no action will be
taken by UK Sport at this stage. Unlike with professional sports, it is extremely unlikely that our
government funded sports are able to afford such journeys and so in reality the risk of illegal
private plane hire is minimal. This conclusion has been drawn after discussion with the
Department for Digital, Culture Media and Sport, our governmental body, who have in turn liaised
with the Department of Transport on this matter.
I trust the above is helpful but please do not hesitate to contact me with any queries or for more
information.
Yours sincerely,
I Chair, UK Sport
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FAO: Her Majesty's Senior Coroner
Her Majesty's Coroner for the County of Dorset
The Coroner's Office for the County of Dorset
Bournemouth Town Hall
Bournemouth
BH2 6DV
Your ref: 171881
2 August 2022
Dear Madam,
Regulation 28 Report to Prevent Future Deaths issued following the Inquest touching on the death
of Emiliano Raul Sala
I refer to the letter from
of the Coroner's Support Office dated 28 June 2022 enclosing a
Report to Prevent Future Deaths dated 18 March 2022. The letter was addressed to
Chair of England Athletics. I apologise that no response has to date been provided to
your letter, or to your previous letter to
dated 21 March 2022. UK Athletics, the
National Governing Body for Athletics in the United Kingdom, is a distinct and separate organisation
from England Athletics. UK Athletics was sent the correspondence from the Coroner's Office on 22
July 2022 and has endeavoured to provide this response as soon as possible thereafter.
By way of background explanation, UK Athletics is responsible for the operation of the British Athletics
World Class Programme, which is funded predominantly by UK Sport. The World Class Programme
provides support and facilities for the leading athletes in Great Britain and Northern Ireland. UK
Athletics is also responsible for selecting the teams to represent Great Britain and Northern Ireland at
International events. Leading athletes also compete at events where their entry is not controlled bv
UK Athletics, such as the Diamond League series.
UK Athletics also has other regulatory functions, such as the licencing of coaches and Officials and the
development of the sport, which we consider less relevant for the purposes of your concerns relating
to private flights.
I note your concerns. Thank you for bringing them to my attention. UK Athletics will do all it can to
prevent future deaths from illegal flights. Having made enquiries, we are not aware of athletes on the
World Class Programme taking private flights. While a few leading athletes will earn considerable sums
mm
SPORT
from their sporting and linked endeavours In athletics, the sport Is not funded to the same level as
professional football, and we are not aware of the use of private flights by athletes.
UK Athletics would propose the following action:
1. We will send the enclosed draft letter to:
)
a. all athletes on the World Class Programme;
b. all athletes outside of the World Class Programme who we are aware will be seeking
selection for Great Britain and Northern Ireland Teams;
c. all known agents and coaches of the athletes in a and b above; and
d.
the Home Country Athletic Federations for distribution to any athletes on their
programmes where they consider appropriate (although we consider these athletes
are even less likely to have the funds to consider a private flight).
Many of the World Class Programme Athletes will be taking part In the Commonwealth Games (28
July - 8 August 2022) and then the European Championships (15-21 August 2022). We propose
sending the letter (subject to any thoughts you have on the contents) to athletes in mid-September
when they are likely to be back in training and not distracted by competition or on holiday.
I look forward to your thoughts on the above proposals.
Yours faithfully,
Chief Executive Officer
ima
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SPORT
To:
World Class Programme athletes, coaches and support staff
Known agents and support staff of athletes on the World Class Programme
Home Country Athletic Federations for distribution to athletes on their programmes
( J September 2022
Dear All,
Important lhformation regarding private flights
I write to you with important information about private flights which you should carefully note. While
I understand that it is uncommon for athletes to use private flights and that most of you will not have
considered taking a private flight, r would be grateful for your time in reading this important
information.
UK Athletics has been contacted by Her Majesty's Coroner for the County of Dorset ("Coroner"). The
Coroner recently held an Inquest into the death of a professional footballer, Emiliano Raul Sala. Mr
Sala sadly died as a consequence of injuries sustained in an aircraft crash. The flight Mr Sala was on
was operated as a commercial flight without the required authorisations, certification or permission
being in place. The aircraft was chartered from an unlicenced operator.
The Coroner has asked UK Athletics to ensure that information is distributed that may prevent future
deaths. Two of the specific concerns of the Coroner were:
1. There is a market in the illegal provision of flights for reward on private aircraft or flown by
pilots without an Air Operators Certificate. This market exists particularly in the world of sport
and music.
2. These flights do not meet the minimum safety standards for commercial operations, which
could lead to future aircraft crashes and future deaths.
If you are considering taking a private flight, please carry out checks to ensure the flight is legal.
If you or any of your team have any questions on the contents of this letter, please contact me directly.
Yours sincerely,
SPORT -·
Chief Executive Officer
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SPORT -·
Subject: FW: Regulation 28 Report to Prevent Future Deaths - ERS Sent: 30 May 202216:47 Dear Madam I confirm we have circulated the note below to our members: )We have been contacted by the Dorset Coroner following the death of Mr Sala whilst on an unlicensed commercial flight. The Coroner is concerned that unlicensed commercial flights can be dangerous, as they are not subject to the safety strictures of licensed commercial flights. We share the concerns of the Dorset Coroner and recommend to our members (and those they can influence) that they do not to pay for, or use, unlicensed commercial flights.' Kind regards '\ thairman 1 17
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