24/06/2019 National Schedule of Repair Costs for Network Damage (Green Claims)

Waiting for an internal review by Highways England Company Limited of their handling of this request.

Dear Highways England Company Limited,

I refer to the information you have provided at:

https://highwaysengland.co.uk/thirdparty...

in which it is stated:

'The National Schedule of Repair Costs have been derived from competitively tendered rates from across England. In arriving at the National Schedule of Repair Costs we have taken in to account other information available to us to ensure that they can be substantiated as being reasonable costs.'

I ask to be provided:

1. All rates and other information used to calculate and/or substantiate the schedule provided 24/06/2019.

The online schedule of rates has changed since they were first posted and now display a new set of charges ‘Version 1.1 from 23 July 2019’.

I ask to be provided:

2. All information giving rise to the discovery the original rates were incorrect and

3. All rates and other information used to calculate and/or substantiate the schedule appearing ‘Version 1.1 from 23 July 2019’

I ask to be provided:

4. All information about the rates you, the Authority, will be pay; whether they are identical rates to those a Third Party is to be charged and if not, how this differs and why.

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

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please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
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If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

Thank you for your acknowledgement. Please could you also provide the following information:

5. all exchanges with your contractors regarding the new process.

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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6. mailto:[Highways England request email]

Mr P Swift left an annotation ()

Subject: National Schedule of Repair Costs for Network Damage reference number FOI 100236

Dear Mr Swift

Thank you for your request for information about National Schedule of Repair Costs for Network Damage dated 12th August. I am dealing with it under the terms of the Freedom of Information Act 2000.

The due date for issuing a response is 10th September 2019.

If you have any queries about this letter, please contact us. Please remember to quote reference number FOI 100236 in any future communications.

This email may contain information which is confidential and is intended only for use of the recipient/s named above. If you are not an intended recipient, you are hereby notified that any copying, distribution, disclosure, reliance upon or other use of the contents of this email is strictly prohibited. If you have received this email in error, please notify the sender and destroy it.

Highways England Company Limited | General enquiries: 0300 123 5000 |National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park, Birmingham B32 1AF | https://www.gov.uk/government/organisati... | info@highwaysengland.co.uk

Registered in England and Wales no 9346363 | Registered Office: Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ

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Dear Highways England Company Limited,

You have written:

'Subject: National Schedule of Repair Costs for Network Damage reference number FOI 100236
Dear Mr Swift
Thank you for your request for information about National Schedule of Repair Costs for Network Damage dated 12th August. I am dealing with it under the terms of the Freedom of Information Act 2000.
The due date for issuing a response is 10th September 2019'

When can I expect to receive the information?

Yours,

Yours faithfully,
Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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6. mailto:[Highways England request email]

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 '24/06/2019 National Schedule of Repair Costs for Network Damage (Green Claims)'.

You have provided no information nor indicated by when I can expect this.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/2...

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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6. mailto:[Highways England request email]

Dear Highways England Company Limited,
I sought an internal review 12/09/2019 having not received a response to my FoIA request.
20 working days have passed and I remain without the information. Please advise by what date I can receive the information and Internal Review.
Yours faithfully,
Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority. You can find details of local
authorities using the search facility on the gov.uk website at:
[2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
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To help us improve our service please click [4]here to complete a short
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Kind regards

 

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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
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6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

2 Attachments

Dear Mr Swift,

 

Please find attached the internal review ref. IR 100084 of your freedom of
information request ref. 770,722.

 

Kind Regards

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

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

Web: [1]http://highwaysengland.co.uk

 

This email may contain information which is confidential and is intended
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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3. mailto:[Highways England request email]

Dear FOI Advice,

Your response does not relate to the request. Please resolve this asap

Yours sincerely,

Mr P Swift

FOI Advice, Highways England Company Limited

Dear Mr Swift,

Thank you for your e-mail.

My apologies that this internal review was sent to the wrong WDTK e-mail thread. This has now been rectified and IR 100084 has been re-sent to the appropriate WDTK e-mail thread.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://highwaysengland.co.uk

show quoted sections

Dear Jonathan,

Understood, these things happen. But I am still waiting a response to the IR on this matter - I sought an internal review 12/09/2019 having not received a response to my FoIA request.
Please advise by what date I can receive the information and Internal Review.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

28 October 2019 ICO Case Reference Number FS50880989

From the ICO:

Thank you for your correspondence of 9 October 2019 in which you complain about the above public authority’s failure to respond to your information request.

When considering complaints about delayed or failed responses to information requests our priority is to ensure requesters receive a response as quickly as possible where one has not been provided, and to monitor any persistent trends which might indicate that a public authority is routinely failing to respond within the statutory timeframe.

We will use intelligence gathered from individual cases to inform our insight and compliance function. This will align with the goal in our Openness by design strategy to improve standards of accountability, openness and transparency in a digital age. We aim to increase the impact of FOIA enforcement activity through targeting of systemic non-compliance, consistent with the approaches set out in our Regulatory Action Policy.

I have written to the public authority reminding them of their responsibilities and asking them to respond to you within 10 working days of receiving our letter.

If you do not receive any response within 10 working days, please contact us.

The late response will be recorded and as described will form part of our on-going activity to consider the performance of public authorities and the FOIA.

The Commissioner does not need to serve a decision notice in an individual case in order to use that case as evidence for future enforcement action. Should you wish the Information Commissioner to issue a decision notice for your specific complaint we are able to do so.

If the public authority responds and refuses to release the information you have asked for and you are dissatisfied, you may, after exhausting their internal complaints procedure, complain to us again.

Thank you for bringing these concerns to the attention of the Information Commissioner.

Mr P Swift left an annotation ()

31/10/2019 ... Still no information but there should be plenty of it! The process has been abandoned.
http://www.englandhighways.co.uk/nsorc-f...

NSORC, Highways England Company Limited

1 Attachment

 

 

 

 

 

I am writing to confirm that we do hold the information you requested on
12^th August 2019 but have decided that some of this information cannot be
disclosed.

 

With reference to your request (FOI 100236) as below:

1.  All rates and other information used to calculate and/or substantiate
the schedule provided 24/06/2019,

2.  All information giving rise to the discovery the original rates were
incorrect and

3.  All rates and other information used to calculate and/or substantiate
the schedule appearing ‘Version 1.1 from 23 July 2019’.

4.  All information about the rates you, the Authority, will be pay;
whether they are identical rates to those a Third Party is to be charged
and if not, how this differs and why.

 

The information that can/cannot be released is detailed below in relation
to your queries listed above, however please note, the National Schedule
of Repair Costs (NSoRC) is currently suspended following the scheduled
Pilot and is now under review:

 

1.  Released, in part.

The resources used to support this Schedule can be made available.

3.  As per request 1.

The resource information has been provided.

 

A copy of the available information is attached.

 

The following information is being withheld under the exemption(s) in
section 43 of the Freedom of Information Act 2000: 

 

1.  Released, in part.

The rates used to develop the NSoRC are Commercially Sensitive.

2.  Data not held at granular level during analyses.

The initial NSoRC published 24^th June 2019 were not considered incorrect.
The costs were issued as a pilot to engage the industry with a view to
obtain feedback. Aspects of the NSoRC were amended following analysis with
additional data. Since these reviews were regularly exercised, the
specifics requested cannot be provided since updates at this granular
level of detail are not routinely kept and/or the requested data is
Commercially Sensitive.

3.  As per request 1.

The tendered rates used to develop the NSoRC are Commercially Sensitive.

4.  Not released – Commercially Sensitive.

Highways England’s agreed tendered rates with our Service Providers are
Commercially Sensitive. This includes the variance with the NSoRC since it
could be used to determine the Commercially Sensitive rates.

 

If you are unhappy with the way we have handled your request you may ask
for an internal review within 2 months of the date of this response for
Freedom of Information requests and within 40 days for Environmental
Information Regulations requests.      

Our internal review process is available at:
[1]https://www.gov.uk/government/organisati...
 

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [2][Highways England request email]. 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

 

If you have any queries about this letter, please contact me. Please
remember to quote reference number FOI 100236 in any future
communications.

 

Yours sincerely

 

Highways England

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
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References

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2. mailto:[Highways England request email]
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4. mailto:[Highways England request email]

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 '24/06/2019 National Schedule of Repair Costs for Network Damage (Green Claims)'.

I asked:
1. All rates and other information used to calculate and/or substantiate
the schedule provided 24/06/2019,
2. All information giving rise to the discovery the original rates were
incorrect and
3. All rates and other information used to calculate and/or substantiate
the schedule appearing ‘Version 1.1 from 23 July 2019’.
4. All information about the rates you, the Authority, will be pay;
whether they are identical rates to those a Third Party is to be charged
and if not, how this differs and why.

You responded:

1. Released, in part.
The rates used to develop the NSoRC are Commercially Sensitive.

No rates have been supplied; they have not been provided 'in part'

2. Data not held at granular level during analyses.
The initial NSoRC published 24^th June 2019 were not considered incorrect.
The costs were issued as a pilot to engage the industry with a view to
obtain feedback. Aspects of the NSoRC were amended following analysis with
additional data. Since these reviews were regularly exercised, the
specifics requested cannot be provided since updates at this granular
level of detail are not routinely kept and/or the requested data is
Commercially Sensitive.

Please provide supporting information and explain this; the rates were used, pursued.

3. As per request 1.
The tendered rates used to develop the NSoRC are Commercially Sensitive.

Why?

4. Not released – Commercially Sensitive.
Highways England’s agreed tendered rates with our Service Providers are
Commercially Sensitive. This includes the variance with the NSoRC since it
could be used to determine the Commercially Sensitive rates.

You have addressed no aspect and your response is at odds with the request and conduct:

a. All information about the rates you, the Authority, will be pay;
b. whether they are identical rates to those a Third Party is to be charged
and
c. if not, how this differs and why.

When we spoke Highway England provided contradictory information:

you wished to charge Third Parties the rates you had secured.
You then stated you would be paying the same as Third Parties, then you would not.

'b' is a 'yes / no' repsonse.

It continues to appear your approach to FoIA requests is to refuse rather than seek to engage.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/2...

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority. You can find details of local
authorities using the search facility on the gov.uk website at:
[2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

For more information on how we use your data please check our privacy
notice at: [3]https://www.highwaysengland.co.uk/privacy

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[4]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

To help us improve our service please click [5]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre

 

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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[6]https://www.gov.uk/government/organisati... |
[7][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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7. mailto:[Highways England request email]

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 '24/06/2019 National Schedule of Repair Costs for Network Damage (Green Claims)'.

I do not accept that the information is commercially sensitive. I refer you to the following statements by HE staff:

1, these rates are presented on claims, they, therefore, are not considered sensitive.
2. the information held/viewed by the NSORC team included Area 9's schedule of DCP Rates - this is in their possession but permission to release had to be sought from your General Counsel's office. Area 9 is an ASC and AIW rates have previously been supplied in response to an FoIA; they are not considered 'sensitive'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/2...

Yours faithfully,

Mr P Swift