Cost of "National Highways" name change
Dear Highways England Company Limited,
Under the Freedom of Information Act (2000), I am requesting the following information relating to the change of name from Highways England to National Highways:
- any internally produced estimates of the cost of the name change from Highways England to National Highways to include changing signage, vehicle livery and branded clothing (uniforms, PPE, etc.) as well as any other relevant branding that would need to be changed (websites, published materials, etc.).
- Electronic copies of any written or electronic correspondence between members of the Highways England Board/Executive teams and anyone in the Department for Transport relating specifically to the name change from Highways England to National Highways within the past two years (19 August 2019 - 19 August 2021).
Many thanks in advance for your assistance.
Yours faithfully,
Brian Scott
Highways England
National Traffic Operations Centre
3 Ridgeway
Quinton Business Park
Birmingham B32 1AF
Dear Brian Scott
We acknowledge receipt of your email to Highways England:
Freedom of Information request - Cost of "National Highways" name change
If you have submitted a request under the Freedom of Information Act
(FOIA) or the Environmental Information Regulations (EIR), your request
will be considered and you will receive our response within the statutory
timescale of 20 working days.
The reference number for your email is FOI/2286.
Should you have any further inquiries concerning this matter, please reply
to this email leaving the subject line unchanged.
Yours sincerely,
Highways England
Dear Brian Scott
I am writing to advise you that the time-limit for responding to your
request for information which we received on 19 August 2021 needs to be
extended.
In the case of your request, I must extend the time limit by approximately
20 working days because the information requested must be considered under
one of the exemptions to which the public interest test applies. This
extra time is needed in order to make a determination as to the public
interest.
The specific exemption which apply in relation to your request is
[1]section 36 and we consider these to apply because the information
requested relates to prejudice to effective conduct of public affairs.
I hope to let you have a response by 14 October 2021.
If you have any queries about this letter, please contact me. Please
remember to quote reference number FOI/2286 in any future communications.
If you are unhappy with the way we have handled your request you may ask
for an internal review. Our internal review process is available at:
[2]https://www.gov.uk/government/organisati...
If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [3][email address]. You should contact me if
you wish to complain.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Kind regards
Freedom of Information Team
References
Visible links
1. https://www.legislation.gov.uk/ukpga/200...
2. https://www.gov.uk/government/organisati...
3. mailto:[email address]
Dear Brian Scott
Cost of "National Highways" name change
Thank you for your information request dated 19/08/2021 regarding Cost of
"National Highways" name change. We have dealt with your request under the
provisions of the Freedom of Information Act 2000.
You asked -
Dear Highways England Company Limited,
Under the Freedom of Information Act (2000), I am requesting the following
information relating to the change of name from Highways England to
National Highways:
- any internally produced estimates of the cost of the name change from
Highways England to National Highways to include changing signage, vehicle
livery and branded clothing (uniforms, PPE, etc.) as well as any other
relevant branding that would need to be changed (websites, published
materials, etc.).
- Electronic copies of any written or electronic correspondence between
members of the Highways England Board/Executive teams and anyone in the
Department for Transport relating specifically to the name change from
Highways England to National Highways within the past two years (19 August
2019 - 19 August 2021).
Many thanks in advance for your assistance.
Yours faithfully,
Brian Scott
I can confirm that we hold the information you have requested.
Information provided
In agreeing with the Department for Transport to rename the company,
National Highways outlined the planned approach set out below:
* That rebranding costs will be kept to a low level and would be managed
within existing budgets.
* This would support the legal name change, a change of branding on
public facing websites, IT systems and buildings. As much as possible
work to support these activities will be completed in-house or by
existing suppliers (e.g. building owners).
* Costs will be kept to a minimum by primarily timing branding changes
for uniforms, vehicles and road signs etc. with vehicle, uniform and
fleet turnover and regular signage maintenance.
Following the Secretary of State’s announcement on 19^th August, National
Highways is commissioning work to developed detailed cost information to
support the implementation of the name change as per the approach outlined
above.
Confirmed costs to date are set out in the table below.
Title Description Cost
Name Change Application Costs associated with filing an £2,100
application with Companies House to
rename the company National Highways
Trade Mark Application Filing of an application at UKIPO £1680
covering the new logo
Company Seals Purchase of new company seals £517.28
Domain Acquisition For the purchase of various domain names £2,398.93
to support a smooth transition.
Work to developed detailed cost information to complete the name change
continues. The costs for some areas are therefore unknown as they are
subject further challenge and confirmation, but we expect to incur costs
in the following areas:
* IT Systems: To update email addresses, public facing websites and
other internal and external systems to reflect the new name of the
company.
* Buildings / Estates: To remove (and if appropriate) replace public
facing “Highways England” branding across the company’s estate. Much
of the work will be focused on external signage and reception areas
that are not subject to regular cyclical maintenance. As per the
approach outlined above this activity will consider all options,
including decommissioning and removal as well as retrofitting and if
required replacement.
Information withheld
* Electronic copies of correspondence between Highways England
Board/Executive and the Department for Transport
This information has been withheld under exemption in [1]section 36 of the
Freedom of Information Act 2000 because of the need to maintain a ‘safe
space’ in which discussions and deliberations can be undertaken. This is
necessary to develop ideas, debate live issues and reach decisions away
from external interference and distraction. Furthermore, the requested
correspondence only presents a partial or incomplete picture of the advice
that informed the decision to proceed with the renaming of Highways
England. Its release is therefore likely to give rise to confusion.
In applying this exemption, we have had to balance the public interest in
withholding the information against the public interest in disclosure. The
key public interest factors for and against disclosure are attached. The
use of this exemption has also been approved as required by the relevant
qualified person, in the case the Secretary of State for Transport.
Advice and Assistance
If you are not satisfied with your response you may ask for an internal
review within 40 working days of receiving the response, by replying to
this email. Our internal review process is available at:
[2]https://www.gov.uk/government/organisati...
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
[3][email address]
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Please remember to quote reference number FOI/2286 in any future
communications about this response.
Kind regards
Sarah Ritzenthaler
References
Visible links
1. https://www.legislation.gov.uk/ukpga/200...
2. https://www.gov.uk/government/organisati...
3. mailto:[email address]
Dear Highways England Company Limited,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Cost of "National Highways" name change'.
The first part of my request asked for "Any internally produced estimates of the cost to change the name of Highways England to National Highways to include the cost of changing signage, vehicle livery and branded clothing (uniforms, PPE, etc.) as well as changing any relevant branded items (websites, published materials, etc.)." The response from the Department for Transport instead provided a list of costs incurred since the rebranding decision was announced on 19th August 2021 as well as an outline of the agreed approach to rebranding costs. This is not what I asked for and suggests that no cost estimates were produced prior to announcing the rebranding. Therefore, can it please be confirmed that no estimates of the cost of the rebrand were produced internally prior to the 19th August announcement? If internal estimates were produced, I request copies of those as outlined in my initial FOI request.
The second part of my request asked for copies of correspondence between the Department for Transport and National Highways/Highways England. This information was withheld with reliance on Section 36 of the Freedom of Information Act 2000. It is not clear whether sub-section 36 (2)(b)(i) or 36 (2)(b)(ii) is being relied upon.
As the decision to rebrand from Highways England has already been made, announced to the public and reported widely in the media, it is not clear how disclosure of the requested information would inhibit the free and frank provision of advice or exchange of views. Nearly two months from the announcement of the decision, the issue is no longer live. The advice has been given. The views have already been exchanged. It is, therefore, not reasonable to expect that disclosure of the requested information would have any effect that would inhibit deliberation with candour and the information should not be considered exempt. As such, the 'safe space' argument is not valid as a 'safe space' is no longer required; the ICO guidance on the Section 36 exemption is quite clear on this point.
Employees of public bodies (such as the Department for Transport and National Highways/Highways England), particularly senior officials, know or ought to know that the Freedom of Information Act 2000 allows for the disclosure of any physically recorded information. As such, they would be aware that any electronic correspondence, including emails, could be requested under the Act. As only physically recorded information can be requested under the Act, officials wishing to keep their advice or views out of the public would have had the option of making those views by another means. Any electronic correspondence containing free and frank advice or exchange of views will have been sent with full knowledge that the correspondence could become public. There is, therefore, no reason to expect that disclosure of this information would inhibit deliberation with candour.
Neither the Freedom of Information Act 2000 nor the associated guidance from the ICO allows for an exemption from information disclosure on the basis that it may cause confusion as it only provides a partial picture of the advice informing the decision. It is in the very nature of developing policy and delivering public services that the information provided to the public by the government/public bodies only provides a partial picture of the information informing decisions. One of the primary purposes of the Freedom of Information Act 2000 is to allow for the provision of a more complete picture of the information used in decision making. Withholding such information therefore undermines the intent of the Act and must be considered contrary to the public interest. The Department for Transport is free to use its discretion to provide such information as is necessary to provide a complete picture of the advice informing the decision. It is not at all clear that disclosure of the requested information would cause any significant harm to the public interest.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...
ICO guidance on the Section 36 exemption is available at https://ico.org.uk/media/for-organisatio...
Many thanks for your ongoing assistance, it is much appreciated.
Yours faithfully,
Brian Scott
Dear [email address],
My apologies in advance, my previous reply made a couple of references to the Department for Transport that should have referred to National Highways/Highways England. I hope these errors are fairly obvious, but let me know if any further clarification is required. Thanks.
Yours sincerely,
Brian Scott
Dear Brian Scott
Response: Internal Review in relation to request FOI/2286
Further to your e-mail, which was received on 19/08/2021 I have been asked
to undertake a review of the response to your request for information
under the Freedom of Information Act 2000 (FOI/2286).
You were dissatisfied with the response to your request because:
* For our response to you first question you felt that we had provided a list of costs incurred since the rebranding rather than any internal estimates produced before the rebranding.
* You did not agree with the application of Section 36 regarding our
withholding of the information for your second question
How I have reviewed your request:
I have now had the opportunity to review your request and the response
provided, and discuss this with team who produced the original response.
Dealing with your first question first, we agree that the information
provided was not an internal estimate produced before the rebranding and
can confirm that under Section 1(1)(a) of the Freedom of Information Act
2000, National Highways (NH) does not hold this information. However,
whilst no formal costs estimates were produced prior to the announcement,
discussions were had with a number of subject matter experts to ensure
that our proposed approach was deliverable.
With regards to your second question, I understand the arguments you have
raised regarding this however I do find that the exemption has been
correctly engaged and for the right reasons, as was set out in the PIT
document that was provided with the response. To explain this further,
whilst you are correct that the decision has been made and the rebranding
is underway providing the requested information covering the free and
frank exchange of views and advice between NH and Department for Transport
(DfT) ministers may be viewed as setting a precedent and lead to a future
reduction in this free and frank exchange in future affecting NH and DfT's
ability to effectively and efficiently conduct its public affairs. In
addition as has already been indicated in the response the correspondence
only provides part of the picture, as other discussions were held verbally
and only providing the limited physically held exchanges would provide and
incomplete picture and lead to inaccurate portrayals of the decision
making process. This would likely lead to distracting public debate on an
issue and cause a diversion of resources to address which takes those
resources away from their current work and leads to issues of NH and DfT
being able to effectively conduct its public affairs as a result.
Conclusion
In conclusion, I am satisfied that the exemption in Section 36 of the
Freedom of Information Act 2000 has been correctly engaged regarding the
information requested in your second question but do find that the
response provided originally to question 1 was not correct and apologise
for any inconvenience this may have caused. However, as this has been
corrected within this review and that I am happy with the application of
Section 36 withholding the other information I am satisfied that there is
no further action required by National Highways on this case.
If you remain unhappy with the outcome of your internal review, you are
entitled to refer your complaint to the Information Commissioner's Office
(ICO) for a decision.
The ICO can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
http://www.ico.org.uk
Kind Regards
Jonathan Drysdale
Freedom of Information Officer (HE)
Digital Services
National Highways | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: https://nationalhighways.co.uk/
Gadawodd Steve Taylor anodiad ()
So they're saying you/we are too thick to understand what they hold and may reach the wrong conclusions that would result in them having to answer questions?
Maybe ask Grant Shapps, DFT or the National Audit Office to comment?
https://www.dailymail.co.uk/news/article...
Gadawodd Brian Scott anodiad ()
The ICO has upheld my complaint and ordered that all of the information requested be released.
A link to the ICO decision for an equivalent request submitted to DFT is here, the ICO decision on the request to National Highways is essentially the same but for some reason has not been uploaded to the ICO website:
https://ico.org.uk/media/action-weve-tak...
National Highways has disclosed all of the requested information but has provided it directly to me.
The link to the equivalent request to the Department for Transport is here, where all of the disclosed information is available:
https://www.whatdotheyknow.com/request/c...
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Gadawodd Brian Scott anodiad ()
For anyone following this FOI request, a complaint has been sent to the ICO for a decision.
ICO Ref: IC-141664-Y4R5