Dear Claire Mercer

Thank you for your request relating to SVD info & Emergency Service delay
relating to specific incident on Smart Motorway dated 11 March 2022. 

The due date for issuing a response is 8 April 2022.

Please feel free to contact our team if you have any queries quoting
FOI/3375 in any future communications

Kind regards

Amanda Speight

FOI Advice

You can make new FOI requests and review published responses by
visiting [1]https://foiform.highwaysengland.co.uk/

References

Visible links
1. https://foiform.highwaysengland.co.uk/

Dear Ms Mercer

SVD info & Emergency Service delay relating to specific incident on Smart
Motorway

Thank you for your email of 11 March requesting information in relation to
an incident that occurred on the M4 smart motorway near Reading on 7 March
2022. We have now considered your request under the Freedom of Information
Act 2000.

You asked:

• Whether the SVD system was working on that date, 7 March 2022.

• Exactly how long the emergency services were delayed by traffic in
reaching the incident, and if families of those injured have been
advised of these delays.

• Which vehicle stopped first in the incident.

In response to your first and third points, given the ongoing
investigation by Thames Valley Police, and the nature of the information
requested, we have considered your request in accordance with the
exemptions under Section 31(1)(a) (c). This allows information which is
not exempt information by virtue of [1]Section 30 to be exempt information
if its disclosure would, or be likely to prejudice the prevention or
detection of crime or the administration of justice.  

Whilst we have no law enforcement function relative to this incident, we
hold relevant information that may be used by the police as part of its
investigation. We consider that disclosure of that information now may
interfere with or prevent the detection of a crime and the administration
of justice.  

The application of Section 31(1)(a) and (c) is a prejudice-based exemption
and is subject to the public interest test. In considering its
application, we have determined that release of the requested information
is likely to prejudice the ongoing police investigation. There is a strong
public interest in protecting the law and we have therefore decided to
withhold the requested information. A copy of the public interest test can
be found attached.

In response to the second point you raise about emergency services being
delayed and if families of those injured have been advised of these
delays, I have established that the information you requested is not held
by National Highways.

We believe that the information you require may be held by the emergency
services themselves and, if you have not already done so, you may wish to
contact them.

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. You can learn more about the internal review process [2]here.

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 [3]here or via
the address below -

            Information Commissioner’s Office

            Wycliffe House

            Water Lane

            Wilmslow

            Cheshire

            SK9 5AF

Please remember to quote reference number FOI/3375 in any future
communications about this response.

Kind regards

Operations East Team

You can make new FOI requests and review published responses by
visiting [4]https://foiform.highwaysengland.co.uk/

References

Visible links
1. https://www.legislation.gov.uk/ukpga/200...
2. https://highwaysengland.co.uk/media/a14h...
3. https://ico.org.uk/make-a-complaint/
4. https://foiform.highwaysengland.co.uk/

Dear Claire Mercer
 
Response: Internal Review in relation to request FOI/3375
 
 
Further to your e-mail, which was received on 3 May 2022 I have been asked
to undertake a review of the response to your request for information
under the Freedom of Information Act 2000 (FOI/3375).
 
You have not provided a reason why you were dissatisfied with the response
provided, so I have made the assumption it is because you believe that the
exemption in Section 31: law enforcement should not be applied to withhold
the information held by National Highways. It may also be the case that
you believe the information the response indicates isn't held by National
Highways is actually held.
 
 
How I have reviewed your request:
 
I have now had the opportunity to review the request and the response, and
I am satisfied that Section 31 has been correctly applied to the
information held by National Highways and that the other information is
not held.
 
Looking first at the application of Section 31, the Public Interest Test
that was provided as part of the response sets out the arguments as to why
the information should be withheld at this time and the body of the
response sets out in further detail why Section 31(1)(a) & (c) is deemed
to be be applicable in this case, and I am satisfied that the exemption is
correctly engaged.
 
Looking now at the information that was indicated isn't held by National
Highways namely 'please confirm exactly how long the [emergency services
were delayed by traffic in reaching the incident] and if families of those
injured have been advised of these delays', I am again satisfied that the
response is correct. National Highways would not hold details of whether
the emergency services were delayed or not in reaching the incident as the
response times and targets are held by the emergency services involved and
not National Highways. Therefore, as the response indicated you may wish
to contact the relevant emergency service to obtain this.
 
 
Conclusion
 
In conclusion, I am satisfied that the response, both, correctly engaged
the exemption in Section 31 of the Freedom of Information Act 2000 and
explained what information is not held by National Highways, whilst
advising where this may be obtained from. Therefore, I find that there is
no further action for National Highways to take regarding this request.
 
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 [1]https://ico.org.uk/make-a-complaint/ or via
the address below -
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
[2]http://www.ico.org.uk
 
Kind Regards

Jonathan Drysdale

Freedom of Information Manager

Digital Services

National Highways | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [3]https://nationalhighways.co.uk/ 

You can make new FOI requests and review published responses by
visiting [4]https://foiform.highwaysengland.co.uk/

References

Visible links
1. https://ico.org.uk/make-a-complaint/
2. http://www.ico.org.uk/
3. https://nationalhighways.co.uk/
4. https://foiform.highwaysengland.co.uk/