The Nimrod Review - Official Documents

The Nimrod Review
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in a professional manner. In order to protect SIs from a future legal challenge, and to enhance the credibility
and effectiveness of BOIs, changes to the SI process are required.
The objective of Recommendations F below is to establish a single accident investigation process for all
aircraft accidents involving military aircraft and/or military personnel which has similar authority, status and
effectiveness on a par with that afforded by the AAIB in civil accident investigations.
Recommendations F
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In order to achieve this objective, I recommend as follows
Recommendation 21.F.1: The MAA shall be the single convening authority for Service Inquiries for all
aircraft accidents involving military aircraft and/or military personnel.
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For the avoidance of doubt, for Recommendation 21.F.1: (1) The MAA shall have the legal authority to
convene investigations on behalf of the three Services for all accidents involving military registered aircraft
and/or Service personnel, including those where Industry is involved; (2) The Head of the MAA shall appoint
the President and members of the SIs; (3) The Head of the MAA shall have regard to the significance,
complexity and potential legal implications of the case when making such appointments; (4) The pool of
candidates from which such appointments shall be made may include retired judges and other suitable
legally qualified personnel skilled in this sort of investigation; (5) Potential candidates for SI Presidents shall
be identified and suitably trained so that they may be available to be appointed during their SO1 career; (6)
SI Presidents and members should be encouraged to build up expertise in conducting such inquiries by being
re-appointed to several SIs; (7) The President, Aircrew and Engineering Members of the SI should normally
have type experience; and (8) The practice of Station Commanders and other Senior Officers commenting on
final SI Reports is valuable and should be retained.
Recommendation 21.F.2: The MAA shall establish a Joint Service Military Air Accident Investigation
Branch (MAAIB) which shall comprise a permanent team of specialists to carry out investigations into
the immediate causes of air accidents.
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For the avoidance of doubt, for Recommendation 21.F.2: (1) The MAAIB should be created bringing together
skills and experience from other platform types; (2) The RN accident investigation team should be folded into
the MAAIB, which should, therefore, also be able to cover RN embarked operations; (3) There should be a
closer association of military technical investigators with the AAIB, with individuals seconded to the AAIB and,
if necessary, teams co-located; and (4) The relevant members of the MAAIB involved should counter-sign the
SI Report.
Recommendation 21.F.3: The investigation shall focus on two key areas: first, a technical/operational
investigation by the Service Inquiry/MAAIB into the immediate causes of the accident; second, a detailed
investigation into the wider aspects and implications of the accident.
For the avoidance of doubt, for Recommendation 21.F.3: (1) The technical/operational investigation shall be
undertaken by the SI/MAAIB, under the direction and control of the President of the SI, to ensure the technical
or operational reasons for the accident are identified and understood as quickly as possible and timely remedial
action taken as needed. 47 If necessary, an interim report shall be issued, detailing the determined cause and
any necessary recommendations; (2) The MAAIB and SI should work together as a team led by the President
46 Service Inquiries are governed by Section 343 of the Armed Services Act 2006. This is a broad enabling section and will not require amendment
as a result of recommendations in this Report. The detailed regulations are contained in Statutory Instrument No 1651 of 2008 and JSP 832. Both of
these will require alteration to reflect these recommendations.
47 This is not to suggest a rushed investigation and the fact that it may take many months to determine the cause(s) of some accidents (if, indeed,
they are determined) is acknowledged.
46 :