Victoria Park Smethwick- collapsed drain and related environmental issues

Mr Carroll made this Rheoliadau Gwybodaeth Amgylcheddol request to Severn Trent Plc
You only have a right in law to access information about the environment from this authority


This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Severn Trent Plc.

Dear Severn Trent Plc,

I am writing to make an open government request for all the information to which I am entitled under the Environmental Information Regulations.
In order to assist you with this request, I am outlining my query as specifically as possible.
If however this request is too wide or too unclear, I would be grateful if you could contact me as I understand that under the act, you ae required to advise and assist requesters.
I would like to request the following information.

In relation to this park in the West Midlands where a Severn Trent sewer has collapsed causing the draining of the park pool, please disclose information held about any reports of defects and repairs that your company have undertaken within the last five years.
I saw a number of Severn Trent marked vans in this park around the heritage centre area on 16/8/18 and within that week. Please disclose the nature of the work and activities that they were undertaking at this site at this time.
Please disclose any work or activities that your company have undertaken at this site or any sites connected to apparatus linking into this pool from the start of 2018 to the present date.
If possible can you please provide a map showing ALL access points and apparatus into this lake that your company are responsible for and own.
I understand that under the act, I should be entitled to a response
within 20 working days.
I would be grateful if you could confirm that you have received this request. I look forward to hearing from you in the near future via the what do they know website address.

Yours faithfully,

Mr Carroll

Do Not Reply, Severn Trent Plc

Hello

Thanks for contacting us – we’ll get back to you shortly.

Kind regards,

Customer Care

dangos adrannau a ddyfynnir

customer.care@severntrent.co.uk, Severn Trent Plc

Good Mr Carroll

Thank you for your email of 5 April 2019. I’m sorry for the delay in
responding to you.

I’m sorry we wouldn’t be able to provide this information as we are a
public limited company. The regulations of the Freedom of Information Act
do not apply nor does the Environmental Information Regulations .

The Environmental Information Regulations cover public authorities as
defined by the Freedom of Information Act.

The Freedom of Information Act applies specifically to public sector
organisations amongst which are included government departments and other
public bodies, local councils, schools, colleges and universities, and
publicly owned companies.

If you need any more help you can “chat now” on our website – drop us a
tweet [1]@stwater or call us on 0800 783 4444.

Here’s the link to our website: [2]https://www.stwater.co.uk/

Kind regards

Aaron Thompson

Customer Care

dangos adrannau a ddyfynnir

Dear Severn Trent Plc,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Severn Trent Plc's handling of my FOI request 'Victoria Park Smethwick- collapsed drain and related environmental issues'.

May I remind you of The Upper Tribunal’s judgment in the matter of Fish Legal & Emily Shirley v Information Commissioner & Others [2015] UKUT 0052 (AAC), handed down on 20 February 2015, was that Water and Water and Sewerage companies are subject to the Environmental Information Regulations 2004 (EIR). http://www.bailii.org/uk/cases/UKUT/AAC/...

This matter is seeking environmental information, as expressed by the act. Please therefore treat this as such.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/v...

Yours faithfully,

Mr Carroll

Do Not Reply, Severn Trent Plc

Hello

Thanks for contacting us – we’ll get back to you shortly.

Kind regards,

Customer Care

dangos adrannau a ddyfynnir

customer.care@severntrent.co.uk, Severn Trent Plc

Good afternoon,

Thank you for your email of 11 April 2019. I’m sorry for the delay in
responding to you.

As we are a public limited company, the regulations of the Freedom of
Information Act do not apply. 

The Freedom of Information Act applies specifically to public sector
organisations amongst which are included government departments and other
public bodies, local councils, schools, colleges and universities, and
publicly owned companies.

If you need any more help you can “chat now” on our website – drop us a
tweet [1]@stwater or call us on 0800 783 4444.

Here’s the link to our website: [2]https://www.stwater.co.uk/

Kind regards

Aaron Dhammi

Customer Care

dangos adrannau a ddyfynnir

Gadawodd Mr Carroll anodiad ()

What absolute garbage. ICO job

Gadawodd Mr Carroll anodiad ()

Response received today from Severn Trent, after contacting the ICO, though not to what do they know .com, avoiding publicly answering this request. NB, NO ATTCHAMENT OF A MAP WAS ATTATCHED TO THIS EMAIL AS STATED.
"Re. Victoria Park Smethwick- collapsed drain and related environmental issues
Our reference number: X841245
Your contact received: 11 April 2019
 
Good afternoon Mr Carroll
 
Thank you for getting in touch with us about Victoria Park, Smethwick. My name is Natalie and I work for the Executive Service Recovery team – your concerns have been passed to me to look into following your email to the Information Commissioner’s Office (ICO).
 
First of all I’d like to share how sorry we are that you’ve been told we don’t need to share information under the Environmental Information Regulations legislation. We do indeed have an obligation to share information that falls under ‘environmental information’ and we will continue to upskill our frontline staff so they’re aware of this.
 
Within your email to the ICO, there was a link to your ‘what do they know’ page. Whilst investigating your queries I came across all your emails since January 2019, to and from our waste team and my colleagues including Andy Martin from our Service Recovery team. The ICO will also be receiving a copy of this email following your email to them to provide full clarity on all contact with yourself for them. Your initial contact was ‘wildfowl on the lake had been dying in large numbers since the summer through suspected botulism – caused in the main through the low water levels – due to the collapsed sewer’. I’m aware you’re your specific questions from the EIR request haven’t been answered so I am pleased to share these with you today. For clarity, I’ll use sub-headings for each of your specific requests, below:.
 
Defects and repairs within Victoria Park over the last 5 years
We’ve searched our records for the area and the only defect found at Victoria Park was when the pool was found to be leaking into the sewer – this has since been repaired.
 
Our visit to the Park in August 2018
We have an unrelated Storm tank by the Heritage Centre and I believe we were carrying out inspections / normal maintenance on our asset during this time.
 
A map of our access points and apparatus in this lake that we own
Please find attached a screenshot of our mapping system. Our maps show that there are no Severn Trent access points in the lake, however there appears to be a culvert that takes surface water from the local area and an overflow leading to a culvert toward ‘Birmingham Canal Feeder Arm’. The culvert and the overflow would fall under Riparian ownership, so this would be under Council responsibility. If you require further information on this please contact them directly with an EIR/FoIA request.
 
Any works we’ve carried out at Victoria Park or site where apparatus is linked since 2018
The only works we’ve carried out which are linked to the Park are the works explained above.
 
Once again I’d like to sincerely apologise that your EIR was not fully answered as it should have been. I know Andy from our Service Recovery team still has a case open for you to keep you updated on another query.
 
 
Kind regards
 
Mrs Natalie Cunningham
Executive Service Recovery"