Agreement for Kier to Utilise the KSoR

The request was refused by Birmingham City Council.

Dear Birmingham City Council,

You state the use of the ‘Kier Schedule of Rates’ (KSoR) to bill third parties following emergency events (collisions, fires, or spills) was agreed by you (and / or your agents) with Kier / Kier Highways Ltd.

You provided contract information @:

https://www.whatdotheyknow.com/request/7...

Please provide the exchanges with Kier about billing Third parties, their use of CECA rates, the KSoR and the agreement Kier could utilise KSoR*

Yours faithfully,

Mr P Swift

* https://www.whatdotheyknow.com/request/7...

The contract with Amey ceased on 31 March 2020 and a new Interim Service Contract has been awarded to Kier Highways Ltd.

https://www.newcivilengineer.com/latest/...

Dear Birmingham City Council,

20 working days have passed and I am without a response. Please advise by when the information will be provided.

Yours faithfully,

Mr P Swift

Mr P Swift left an annotation ()

to the iCO 11;40 16/11/2022
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Birmingham City Council

Dear Mr Swift

 

Further to our response of 9 November 2022 (ref 46172885) this matter now
falls into realm of vexatious and has now been added to that request.

 

Yours faithfully

 

Jenny Bent

Digital & Customer Support Services

 

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Dear Birmingham City Council,

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

I am writing to request an internal review of Birmingham City Council's handling of my FOI request 'Agreement for Kier to Utilise the KSoR'.

Please address this request and explain why it appears to have bene intentionally ignored.

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

Yours faithfully,

Mr P Swift

Birmingham City Council

Dear Mr Swift
 
I am writing further to your email dated 16 November 2022 seeking an
internal review.
 
Request

You state the use of the 'Kier Schedule of Rates' (KSoR) to bill third
parties following emergency events (collisions, fires, or spills) was
agreed by you (and / or your agents) with Kier / Kier Highways Ltd.

You provided contract information @:

https://www.whatdotheyknow.com/request/7...
= 1Please provide the exchanges with Kier about billing Third parties,
their use of CECA rates, the KSoR and the agreement Kier could utilise
KSoR*

Yours faithfully,

Mr P Swift

*
https://www.whatdotheyknow.com/request/7...
= 1

The contract with Amey ceased on 31 March 2020 and a new Interim Service
Contract has been awarded to Kier Highways Ltd.

[1]#
 
The panel met on and in deliberating its decision, the panel gave
consideration to:

• The original request
• Response provided by the directorate
• Submission from the applicant

The panel have reviewed the request and the response provided.  The panel
agreed the service area had already provided a detailed response in FOI
46172885 why any requests submitted regarding Kier Highways and Birmingham
Highways Ltd would be deemed vexatious.  

The panel have concluded that the service area can maintain reliance on
the exemption under s14 of the Freedom of Information Act 2000 on the
grounds that the Council considers the request to be vexatious.

The panel have not upheld the appeal.

We trust this is satisfactory. If however, you are not satisfied with the
City Council's decision, you may apply to the Information Commission for
an independent review at the following address:-

 

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

[2]www.ico.gov.uk

 

Yours sincerely

 

Mr Malkiat Thiarai

Head of Corporate Information Management

BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
and/or subject to the provisions of privacy legislation. It is intended
solely for the addressee. If you are not the intended recipient, an
addressing or transmission error has misdirected this e-mail; you must not
use, disclose, copy, print or disseminate the information contained within
this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

References

Visible links
1. file:///tmp/foiextract20221207-1942051-11n0eyk#
2. file:///tmp/foiextract20221207-1942051-11n0eyk#