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Boiler Maintenance Charges and 'management fee'

Hugh Barnard made this Freedom of Information request to Tower Hamlets Homes Limited

The request was partially successful.

From: Hugh Barnard

1 October 2011

Dear Tower Hamlets Homes Limited,

Introduction:

As we all know, fraud occurs when items that have not been incurred
are charged for. Bad or mis-management [or non-management] occurs
when costs, in spite of repeated bad-faith 'engagement meetings'
and an audit still run out of control. This FOI is to determine
which [it could be both, of course] category our boiler maintenance
falls under.

I have a [try it on?] letter from 'Geoff' [sic] Payne giving a fair
number of ridiculous figures for various service charge items.
Therefore, there will now be a cascade of FOIs to examine each one,
since both THH and LBTH are unwilling to answer -any- question that
does not have a statutory requirement to be answered.

Request:
I'd like a breakdown to the level of tens of pounds concerning the
boiler maintenance charge for Kiln and Oast Court, as stated.

Since there are already 'management charges' [though as one of my
neighbours remarked, what management? indeed!] what does the double
charge for 'boiler maintenance management' concern? Who is it paid
to?

Yours faithfully,

Hugh Barnard

Link to this

From: Ayesha Begum
Tower Hamlets Homes Limited

3 October 2011

Dear Sir/Madam

 

FREEDOM OF INFORMATION ACT 2000

 

Thank you for your email.

 

Your request is being considered and if the information is held you will
receive the information requested within the statutory timescale of 20
working days as defined by the Freedom of Information Act 2000, subject to
the information not being exempt.

If the time taken to meet your request is likely to exceed 18 hours, we
will contact you and ask you amend your request to bring it below this
time limit. We will assist you with suggestions of how this might be
achieved.

 

I may also contact you if the request needs to be clarified; this is to
ensure that we provide you with the information you require.

 

Please note that some information you have requested may not be provided
to you; this will only be information that can be withheld by law.  In
most cases the reasons will be explained to you along with your copy of
any information that can be released to you.

 

Yours faithfully,

Ayesha Begum

Apprentice

Information Governance Team

Legal Services,

London Borough of Tower Hamlets

6th Floor, Mulberry Place,

5 Clove Crescent

London E14 2BG

Tel : 0207 364 4932

 

 

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References

Visible links
1. http://www.towerhamlets.gov.uk/
2. mailto:[Tower Hamlets Homes Limited request email]

Link to this

From: Jane L Jones
Tower Hamlets Homes Limited

20 October 2011


Attachment Response 23 kiln court boiler maint.xls
39K Download View as HTML


 

 

Dear Sir/Madam

 

FREEDOM OF INFORMATION ACT 2000 -      IGT_FOI_10_ 5239-Boiler Maintenance
Charges And Management Fee

 

Your request for information has been considered under the requirements of
the Freedom of Information Act and the information is attached and below.

     

[1]http://www.towerhamletsfoi.org.uk/docume...

 

You can  also  search our Disclosure Log for any specific topics of interest

[2]http://towerhamletsfoi.org.uk/disclosure...

Complete our Customer Satisfaction Survey

Tower Hamlets is committed to giving you the best possible service. It is
only by listening to your views that we can find out what we are doing
well and what needs to improve.

We are continuously looking at ways in which to improve our services and
will act on what you tell us.

All of your answers will be treated in strictest confidence. You will not
be able to be identified from any of the information you have provided.
Your contact details are kept separately from the replies on the
questionaire.

Please take the time to complete the online survey  by clicking on the
link below :

[3]http://www.surveymonkey.com/s.aspx?sm=rw...

 

If you have any queries please get in touch with me to discuss them.  You
might like to know that the Council’s website [4]www.towerhamlets.gov.uk
contains a section on the Freedom of Information Act that lists other
publications readily available from the Council under its Publication
Scheme.

 

Yours faithfully

 

 

 

 

Jane Jones

Information Governance Administrative Officer

Legal Services

6th Floor

Mulberry Place

London E14 2BG

0207 364 4736

[5][email address]

 

Most of the information we provide in response to Freedom of Information
Act 2000 request will be subject to copyright protection. In most cases
the copyright will be owned by the London Borough of Tower Hamlets. The
copyright in other information may be owned by another person or
organization as indicated in the information itself.

 

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, publishing the information or issuing copies to the public will
require the permission of the copyright holder.

 

For information where the copyright is owned by the London Borough of
Tower Hamlets, details of the conditions of re-use can be found on our
website at [6]www.towerhamlets.gov.uk.

 

For information where the copyright is owned by another person or
organization, you must apply to the copyright holder to obtain their
permission.

 

If you unhappy with this response or wish to complain about any aspect of
the handling of this request please write to:

 

Corporate Complaints Unit

Tower Hamlets Town Hall

Mulberry Place

5 Clove Crescent

London E14 2BG

 

If you are subsequently not satisfied with the Council’s response to your
complaint you have a right of appeal to the independent Information
Commissioner at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545 700

[7]www.informationcommissioner.gov.uk

 

Further information about the operation of the act is available from the
council’s website [8]www.towerhamlets.gov.uk and the information leaflet
in public reception areas in Council buildings.

 

 

 

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References

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1. http://www.towerhamletsfoi.org.uk/docume...
2. http://towerhamletsfoi.org.uk/disclosure...
http://towerhamletsfoi.org.uk/disclosure...
3. http://www.surveymonkey.com/s.aspx?sm=rw...
http://www.surveymonkey.com/s.aspx?sm=rw...
4. http://www.towerhamlets.gov.uk/
http://www.towerhamlets.gov.uk/
5. mailto:[email address]
file:///tmp/blocked::mailto:[email address]
6. http://www.towerhamlets.gov.uk/
http://www.towerhamlets.gov.uk/
7. http://www.informationcommissioner.gov.uk/
http://www.informationcommissioner.gov.uk/
8. http://www.towerhamlets.gov.uk/
http://www.towerhamlets.gov.uk/
9. http://www.towerhamlets.gov.uk/
10. mailto:[Tower Hamlets Homes Limited request email]

Link to this

From: Hugh Barnard

20 October 2011

Dear Jane L Jones,

I don't regard this as answer, just a piece of obstruction and
time-buying:

1. The RAMS reports give detail down to £10 level. I expect the
same for these significant sums.

2. Telling me that the boiler 'management' is separate is useless.
Since these sums are multiplied across the borough to give several
FTE [no doubt] I need the detail concerning this to.

Short version: this isn't an answer to a perfectly clear and
legitimate request.

Yours sincerely,

Hugh Barnard

Link to this

Hugh Barnard left an annotation (21 October 2011)

The current answer is just a piece of bad-faith and obstruction. Anyone who is following this, please compare my question which is quite clear and the answer which is unsupported aggregate data from a random spreadsheet.

Link to this

From: Corporate Complaints
Tower Hamlets Homes Limited

24 October 2011

Dear Mr Barnard

Further to your email dated 20 October 2011, regarding a review of the decision to your FOI request, I was sorry to hear of your concerns.

I have passed your complaint to David Galpin in Legal Services, asking that a full investigation takes place on my behalf under Stage 3 of the Council's Complaints Procedure.

Thank you for bringing this to my attention

Sent on behalf of
Aman Dalvi
Interim Chief Executive

Imran Choudhury
Complaints Officer
Town Hall
Mulberry Place
5 Clove Crescent
London E14 2BG

Tel: 020 7364 4163
email: [email address]

show quoted sections

Link to this

From: Kerry Mure
Tower Hamlets Homes Limited

1 November 2011

Our Ref: IGT_FOI_5239 / Boiler Maintenance Charges & Management Fee /
80435
 
 
Dear Mr. Barnard,
 
I refer to the Council's FOI response concerning the above dated 20
October 2011, and your request for a review of same.
 
Mr. David Galpin, Head of Legal Services, has asked that I examine your
request for a review. I have considered the related papers, and having
done so, I would like please to speak with you directly, for the purpose
of clarifying in more detail the specific information you require. For
example, in your original FOI request dated 1 October 2011 it is not
particularised in what year(s) you seek a breakdown of the boiler
maintenance charge. I have additional queries of a like nature.
 
Accordingly, please can I ask you to call me on the below contact phone
number so that I ask can you further questions about your FOI request and
complaint. If you would prefer me to call you, please can I ask you to
email me your contact phone number, and I will call you once I have
received same.
 
Regards,
 
Kerry Muré
Senior Lawyer - Enforcement & Litigation Team
Legal Services
Mulberry Place
5 Clove Crescent
London
E14 2BG
 

DX:  Tower Hamlets Legal Department

        DX 42656 Isle of Dogs

 
[1][email address]
(020) 7364 4814 (direct dial)
(020) 7364 4804/4861 (fax)
 
[2]www.towerhamlets.gov.uk
 

This communication and any attachments are intended for the addressee only
and may be confidential.  It may contain privileged and confidential
information and if you are not the intended recipient, you must not copy,
distribute or take any action in reliance on it.  Please do not forward
this email to any external bodies without the express permission of the
author and delete this email and any attachments.  Unless the information
is legally exempt from disclosure, the confidentiality of this e-mail and
your reply cannot be guaranteed.

 

show quoted sections

Please consider your environmental responsibility: Before printing this
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References

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1. mailto:[email address]
mailto:[email address]
2. http://www.towerhamlets.gov.uk/
http://www.towerhamlets.gov.uk/
3. http://www.towerhamlets.gov.uk/
4. mailto:[Tower Hamlets Homes Limited request email]

Link to this

From: Aysha Mukhtar
Tower Hamlets Homes Limited

3 November 2011


Attachment IGT FOI 10 5239 Kiln Cout Boiler Maintenance Charges And Management Fee Response.pdf
14K Download View as HTML

Attachment Appendix 1 2010 11 KILN COURT BOILER Maintenance.pdf
7K Download View as HTML

Attachment Appendix 2 2009 10 Kiln court boiler maint.pdf
13K Download View as HTML

Attachment Appendix 3 2008 09 Kiln court boiler maintenance.pdf
28K Download View as HTML


Dear Sir/Madam

FREEDOM OF INFORMATION ACT 2000 - IGT_FOI_10_ 5239-Boiler Maintenance
Charges And Management Fee
Your request for information has been considered under the requirements of
the Freedom of Information Act and the information is attached.
 
You can also search our Disclosure Log for any specific topics of interest
[1]http://towerhamletsfoi.org.uk/disclosure...
 
Complete our Customer Satisfaction Survey
Tower Hamlets is committed to giving you the best possible service. It is
only by listening to your views that we can find out what we are doing
well and what needs to improve.
We are continuously looking at ways in which to improve our services and
will act on what you tell us.
All of your answers will be treated in strictest confidence. You will not
be able to be identified from any of the information you have provided.
Your contact details are kept separately from the replies on the
questionnaire.
Please take the time to complete the online survey by clicking on the link
below :
[2]http://www.surveymonkey.com/s.aspx?sm=rw...

If you have any queries please get in touch with me to discuss them. You
might like to know that the Council’s website www.towerhamlets.gov.uk
contains a section on the Freedom of Information Act that lists other
publications readily available from the Council under its Publication
Scheme.

Yours faithfully

Aysha Mukhtar

 

Information Governance Officer

 

London Borough of Tower Hamlets

6th Floor

Mulberry Place

5 Clove Crescent

E14 2BG

 

Tel: 020 7364 4927

Email: [3][email address]

Most of the information we provide in response to Freedom of Information
Act 2000 request will be subject to copyright protection. In most cases
the copyright will be owned by the London Borough of Tower Hamlets. The
copyright in other information may be owned by another person or
organization as indicated in the information itself.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, publishing the information or issuing copies to the public will
require the permission of the copyright holder.

For information where the copyright is owned by the London Borough of
Tower Hamlets, details of the conditions of re-use can be found on our
website at www.towerhamlets.gov.uk.

For information where the copyright is owned by another person or
organization, you must apply to the copyright holder to obtain their
permission.

If you unhappy with this response or wish to complain about any aspect of
the handling of this request please write to:

Corporate Complaints Unit
Tower Hamlets Town Hall
Mulberry Place
5 Clove Crescent
London E14 2BG

If you are subsequently not satisfied with the Council’s response to your
complaint you have a right of appeal to the independent Information
Commissioner at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk

Further information about the operation of the act is available from the
council’s website www.towerhamlets.gov.uk and the information leaflet in
public reception areas in Council buildings.

show quoted sections

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e-mail or any other document , ask yourself whether you need a hard copy.

References

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1. http://towerhamletsfoi.org.uk/disclosure...
2. http://www.surveymonkey.com/s.aspx?sm=rw...
3. mailto:[email address]
mailto:[email address]
4. http://www.towerhamlets.gov.uk/
5. mailto:[Tower Hamlets Homes Limited request email]

Link to this

Hugh Barnard left an annotation (17 November 2011)

The information here is now more detailed, that's slightly better.

However there's nothing concrete to support the calculations. If THH are presenting precise percentages [two decimal points], in a normal [non-governmental, non public sector that is] world these would be based on verifiable facts. So far there's more sign of the detail [good] but still no sign of the underlying facts [bad].

Link to this

From: Robert Wingate
Tower Hamlets Homes Limited

21 November 2011


Attachment 1 58257668 s3 2341 Kiln 579888.docx
127K Download View as HTML

Attachment 1 58257668 s3 Copy of 23 kiln court boiler maint v.2.xls
94K Download View as HTML

Attachment 1 58257668 s3 q904 kiln Court.doc
39K Download View as HTML

Attachment 1 58257668 s3 2590 kiln ct 642445.docx
31K Download View as HTML

Attachment 1 58257668 s3 2456 Kiln Court 612761.docx
128K Download View as HTML


Dear Mr. Barnard,

 

Request for information concerning Boiler Maintenance Charges & Management
Fees for Kiln and Oast Court

 

On 20 October 2011 you sought a review of the response of 20 October 2011,
sent on behalf of Tower Hamlets Homes Ltd (“THH”) in respect of your
request for information of 1 October 2011.  I have been asked to review
this matter and I provide the response set out below.

 

You have stated that the information provided by THH does not answer your
request.  Your original freedom of information (FOI) request was for:

 

i)                    the breakdown to the level of tens of pounds
concerning the boiler maintenance charge for Kiln and Oast Court; and

 

ii)                   an explanation of what you characterised as a double
charge for ‘boiler management charges’ concern and a statement of who this
charge is paid to.

 

In its response of 1 October 2011, THH provided you with a note regarding
the 2010-11 Kiln boiler maintenance management fees, as well as
rechargeable costs.  You were also provided with a spreadsheet providing a
breakdown of the Kiln boiler charges, including the: i) responsive
repairs; ii) boiler house servicing (cyclical repairs); and iii) boiler
housing servicing administration charge.

 

The note provided to you in the response of 20 October 2011 was
incomplete.  This was an error that came to light in the course of the
investigation conducted as part of this review.  After the error came to
light, you were emailed the complete note on 3 November 2011.  To the
extent that the response of 20 October 2011 was incomplete, I uphold your
complaint and I apologise for the error.

 

I proceed to consider the matters raised in your complaint of 20 October
2011 by reference to the material provided to you on 3 November 2011.

 

Breakdown of the boiler maintenance charge for Kiln and Oast Court

 

It is your view that the information provided by THH was insufficient when
judged against your request for “a breakdown to the level of tens of
pounds”.  It seems to me that the information provided to you on 3
November 2011 satisfies this request and, to this extent, I do not uphold
your complaint.

 

That said, I take your complaint of 20 October 2011 as a request for a
further breakdown.  On that basis, I enclose the following additional
information:

 

i)                    the quotations received from GEM Environmental
Building Services Limited, which provides a breakdown of the total
invoiced costs (for both materials and labour) in relation to the
‘responsive repairs’ to the Kiln and Oast Court boiler(s).  The following
quotations are enclosed:

a.      quotation dated 23 June 2010;

b.      quotation dated 2 September 2010;

c.      quotation dated 14 October 2010;

d.      quotation dated 9 February 2011; and

 

ii)                   an itemised schedule of the costs of specific
monthly tests and servicing provided to the boiler(s), in respect of the
boiler house servicing (‘cyclical repairs’) to the Kiln and Oast Court
boiler(s).

 

The spreadsheet provided to you on 3 November 2011 refers to a boiler
maintenance ‘call out cost’ fee of £6,685.35.  This fee arises from a
provision of the contract with GEM Environmental Building Services Limited
which provides for a payment of £63.67 per dwelling at Kiln and Oast
Court that is connected to communal systems (there are 105 dwellings).
 This fee was agreed to pay for an additional service of ‘repairs on
demand’ where there is a routine breakdown to boiler houses and which
requires basic maintenance (and which would not fall under the bracket of
‘monthly cyclical repairs / servicing’ or the more substantial ‘responsive
repairs’).

 

Tower Hamlets Homes have now advised that the charge for the responsive
repair concerning works order 600545/1, in which there is an invoiced cost
of £51.38, will be removed.  This is for the reason that this work was of
a type covered by the ‘call out cost’ fee.  Accordingly, leaseholders will
now receive a credit for their share of this invoiced cost.

 

Alleged ‘double’ charge for boiler maintenance management charges

 

The further information provided to you on 3 November 2011 contained a
detailed explanation of how the Boiler Maintenance Management Charge was
calculated and further explained that this is separate from the
Administration Charge and the Management Charge.  This seems to deal with
part of your complaint of 20 October 2011 concerned with the alleged
double charge.  However, it seems to me possible to provide some more
detail, which I set out below.

 

The Management Charge represents the costs of management carried out by
Tower Hamlets Homes in providing day to day services  to leaseholders 
which include: the enforcement of lease conditions; anti-social behaviour
investigation; cleaning management; neighbour noise nuisance; complaints;
repair queries and chase-ups; communal repair orders; repairs inspections;
monthly estate inspections; bulk rubbish orders; members’ enquiries and
ombudsman complaints; provision of leasehold information; public meetings:
Residents’ Association, forums; and resident consultation.

 

The Management Charge does not cover the costs of day to day services to
leaseholders provided by the Leasehold Management Team (whose costs are
recovered by the Administration Charge) including: dealing with enquiries,
complaints and historic disputes; service development; policy; calculation
and despatch of bills; accountancy; invoicing; service charge, ground rent
and buildings insurance collection; and arrears management.  This charge
also excludes the costs of other additional services, such as major works
management and Right to Buy, that are not part of the day to day service.

 

By contrast the Boiler Maintenance Management Charge is a charge imposed
to recover the staffing costs of the Tower Hamlets Homes Repairs Team, and
it represents a proportion of those costs which concern boiler maintenance
and repairs.  The Council’s email to you on 3 November 2011 provides a
detailed note as to how the Boiler Maintenance Management Charge is
calculated.

 

I do not think the response provided on 3 November 2011 answered your
question about who the Boiler Maintenance Management Charge is paid to. 
To this extent, I uphold your complaint of 20 October 2011 and I apologise
for the omission.  The London Borough of Tower Hamlets is the recipient of
all leaseholder service charge payments, including the Boiler Maintenance
Management Charge.  These service charge payments are deposited into the
Council’s housing revenue account.  This charge is not paid to Tower
Hamlets Homes.  Tower Hamlets Homes is however paid a management fee by
the Council, to manage the Council’s housing stock and leaseholder
services.

 

I hope that I have dealt with your complaint.

 

I confirm that there are no further internal review processes available
through THH.

 

If you are not satisfied with THH’s response to your complaint you have a
right of appeal to the independent Information Commissioner at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545 700

[1]www.informationcommissioner.gov.uk

 

Further information about the operation of the Freedom of Information Act
is available from the website [2]www.towerhamlets.gov.uk and the
information leaflet in public reception areas in buildings of the London
borough of Tower Hamlets.

 

Sent on behalf of

 

David Galpin

For Assistant Chief Executive (Legal Services)

 
P Think environment - do you really need to print this email?
 

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Link to this

Hugh Barnard left an annotation (22 November 2011)

Althogh there's a little more detail in all this, there's no audit trail from the 'work' of managers to the management charge to the [very precise] figures 'imposed', I quote:

By contrast the Boiler Maintenance Management Charge is a charge imposed to recover the staffing costs of the Tower Hamlets Homes Repairs Team, and it represents a proportion of those costs which concern boiler maintenance and repairs. The Council’s email to you on 3 November 2011 provides a detailed note as to how the Boiler Maintenance Management Charge is
calculated

No, there's still no link between the 'work' of the numerous management staff and the charge. Also, I note a convenient death spiral on the admin charges, to wit 1. we are charged unreasonable amounts 2. we dispute them, 3. We are then charged for 'dispute resolution'. Nice work, if you can get it!

Link to this

Things to do with this request

Anyone:
Tower Hamlets Homes Limited only: