If the drone pilot was me on the ground I would be worried about keeping sight of the drone in relation to the balloon as over a certain height I have a problem finding my Mini2 if I look down at screen.
At least the drone is more maneuverable than a baloon.
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A great chance and it’s given me an idea! I’d definitely be inclined to approach the CAA. Are you intending to “buzz” the basket? If so, consider prop guards, I’m unsure how tough the balloon material is? Could be worth finding out! I’d also be thinking about any ropes that may or may not be dangling down or perhaps being thrown from the basket. Also, make everyone aware not to throw ballast bags of sand out without checking for your drone first. I’d also make sure I had insurance that covered me for everything I did!
Separation would be something for the CAA. How many are likely to be in the basket and is it considered a crowd?
Also, I forget what it’s termed now but (certainly with more recent Mini 2’s), you can prompt them into flight by jerking the hand/arm you are holding it in which would be very useful, potentially, in a situation such as this! If yours doesn’t do this, don’t go jerking it over the side and into oblivion 
Good luck and have a blast!
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Good point, @Kev!
I was helping with a balloon retrieval on Monday evening. By chance a friend of the balloon pilot was flying his drone nearby and got some fantastic footage of the last few mins of the flight and the landing. I have just edited the footage, together with the takeoff, for the passengers - the flight was for their Golden Anniversary.
What was interesting was that the balloon pilot wasn’t aware of the drone. When he heard aferwards, he was really pleased that the drone pilot kept his distance as he hates it when drones buzz him and come close. I guess it’s up to the two pilots to agree what’s acceptable.
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I had a response from the CAA today:
Dear Mr Eames,
Please see attached CAP2012 for details.
Kind Regards,
Not exactly the involved response I was hoping for!!
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I tried to be polite;
Thank you for the CAP2012, of which I am more than aware.
As an Operator with A2 CofC I am very aware of CAP2012.
I was looking for more specific help with regards to separation between the aircraft.
If both Pilots are in radio contact are they both fully involved and can the separation be lessened.
CAP2012 makes no mention of this as it is a little more involved than just generic ruling.
I have asked the question of many experienced UAV pilots and none of them can give me a specific answer, all have advised asking the CAA for advice.
Could you advise on a more specific level?
Surely to god when you ask for advise rather than saying ‘Sod it, I’m just going to fly where I want and do what I want’ you want a little more than that!
Need to wait up to 8 weeks for a response, glad our tax payers money is well spent!
Got a response from the above email.
Wait for it
Wait…
Dear Mr Eames,
Please see attached CAP2012 for details.
Kind Regards,
SSC UAS Team
Consumers and Safety
Civil Aviation Authority
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I am becoming a little pissed off!
My response below.
…
Without being rude COULD SOMEONE ACTUALLY READ MY EMAIL!
Hundreds of very experienced UAV pilots on GADC are unable to advise and told me to approach the people who regulate flying in the UK.
My problem is the CAA may regulate flying but seem unable to advise, preferring to send Standard emails.
You can send as many copies of CAP2012 but it doesn’t answer my question.
Regards,
Keith
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Not any more, it’s changed.
For @FFf, the advice on insurance is in CAP722 section 1.4:
Article 2(b) of EC 785/2004 states that the regulation does not apply to ‘model aircraft with an MTOM of less than 20kg’, but the term ‘model aircraft’ is not defined within the regulation itself. Therefore, for the purposes of interpretation within the insurance regulation only, its use of the term ‘model aircraft’ should be taken to mean:
“Any unmanned aircraft which is being used for sport or recreational purposes only”.
Note: For all other purposes, the definition of model aircraft is as set out within CAP 722D.
For all other types of unmanned aircraft operation, whether commercial or noncommercial, appropriate cover that meets the requirements of EC 785/2004 is required.
I’d think if you fly during working hours, it’s not recreation.
If something went wrong, the entity you’d be most at odds with would be your own insurer (arguing if they will pay out), so ultimately you need to confirm with your recreational insurer that they are happy their cover applies. If not, commercial cover shouldn’t cost you more than £10 with Flock for the day (depending on the location).
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I have no issue with buying the insurance, in fact probably will anyway BUT this is now a challenge to get a proper response from the people who ‘run the airways’ in this country!
If I fly and I am reported as flying too close, I could be prosecuted for endangering aircraft.
I don’t bend down in the shower to pick up the soap but you get my meaning!
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It’s hard isn’t it. If there’s no payment and he’s not been asked to fly, and he’s flying to get some great pictures, then that’s probably recreational irrespective of the time of day…
Either way, some third party insurance would be advisable I’d have thought… 
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Thanks Ian, Its more the separation thing I’m concerned about. I am quite happy to pay the insurance but don’t fancy a stay at her maj’s pleasure!
I know that is taking it to extremes but you act responsibly and ask for advice and get a (non) response like those above.
Ah, sorry, I focused on the insurance side.
Regarding safety and separation distances, the CAA are never going to review the details of anyone’s individual flight in the Open category as that exposes them to liability if something goes wrong. They don’t even enforce the regulations, so any advice they give is of no legal value should PC Plod turn up. Once the regulations are there, it’s a matter for you, the police and the courts. “The CAA said I could do it” will be ignored. And you’re not going to get any help in advance from the police either.
So a few thoughts that may help:
- the separation distances are a restriction, not a permission. If you fly inside the separation distance you can definitely be prosecuted. If you fly outside them, that’s not a defence against any other aspect of the law. (You’re flying a Mini, so no separation distances apply anyway.)
- there’s nothing about flying in A1 (close to people) that seems relevant, unless there are uninvolved people on the ground below, in which case UAS.OPEN.020 requires you to “reduce as much as possible the time during which the unmanned aircraft overflies those persons”. Unless you are looking for a top-down shot, your relationship to the balloon pilot (involved/uninvolved) is therefore of no legal relevance. It doesn’t matter whether they are involved or uninvolved if you are flying in A1. (Obviously it does help you have safe communications).
- UAS.OPEN.060 applies to all flights in the Open category, and the most relevant bit for you seems to be:
keep the unmanned aircraft in VLOS and maintain a thorough visual scan of the airspace surrounding the unmanned aircraft in order to avoid any risk of collision with any manned aircraft. The remote pilot shall discontinue the flight if the operation poses a risk to other aircraft, people, animals, environment or property
- Legally, the obligation is clear: you must “avoid any risk of collision with any manned aircraft” (my emphasis in bold). If your drone hits the balloon or the balloon hits your drone, you will struggle to find any defence. Plus you could kill someone, it’s obviously not just about the law.
- Article 240 of the Air Navigation Order also always applies:
A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft.
- That’s less onerous than the UAS.OPEN.060 as a court would have to find you were reckless or negligent.
Sorry if any of that reads patronising, it’s not meant to. The point is to emphasise that this situation is not governed by separation distances or involved/uninvolved persons: it’s governed by your ability to control the risks.
Tl;dr:
It’s simply not the CAA’s role to advise on specifics on any individual flight in the Open category. They help prepare the regulations and it’s then for the police and courts to interpret them. Safety of the flight is entirely your responsibility. It’s not relevant whether the pilot is involved or uninvolved, except obviously that if they’re aware what you’re doing, you can communicate and greatly reduce the risk of collision. But responsibility for avoiding collision still sits entirely with you. There are no relevant separation distances (for a Mini), although clearly the further away you are the less risk there is of an incident.
Previous comments on insurance still apply.
PS: For the same reasons as the CAA: I am not a lawyer, please don’t put any reliance on my comments if anything goes wrong! 
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Or I didn’t explain very well!
Many thanks, I’ll be VERY careful.
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Oh, I would definitely fly it myself. Unmissable opportunity!
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As a paraglider pilot I agree, discussions should be had between balloon pilot & drone pilot before each take-off & radio contact between both should be used throughout the flight.
I’ve only flown my drone around good friends (with their consent) flying their paragliders on sites I know well enough to foresee any possible eventualities.
Will be keen to see what if any updated reply you get from the CAA.
Good luck, sounds like a fantastic opportunity.
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