Area 10 Contractor Rate Increases to Highways England since 2015

Response to this request is long overdue. By law, under all circumstances, Highways England Company Limited should have responded by now (details). You can complain by requesting an internal review.

Dear Highways England Company Limited,

I ask to be provided all information relating to the Area 10 contractor’s (BBMM) damage to Crown property (DCP) charge rate increases from 01/01/2015 to the end of the Balfour Beatty Mott MacDonald Area 10 contract. The information applies to the charges the contractor presented to Highways England insofar as these relate to:

• Operatives
• Staff
• Plant
• Materials

This will include but not be restricted to:

1. The date of said increases
2. The increases allowed/agreed - the figures
3. The basis upon which the increases were agreed i.e. the exchanges/negotiation and
4. The relevant section from the contract that deals with the ability to seek rate increases, the frequency and the basis of them and
5. the changes to the uplift of said costs, the fee uplift (%) and dates form which these were applied and
6. the purpose of the fee; what it was intended to address

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
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[4]https://www.gov.uk/make-a-freedom-of-inf...

 

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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 |
[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]

Patchett, Nicola, Highways England Company Limited

Dear Mr Swift

 

Thank you for your request for information relating to Area 10
contractor’s (BBMM) damage to Crown property (DCP) charge rate increases
from 01/01/2015 to the end of the Balfour Beatty Mott MacDonald Area 10
contract dated 10^th March 2020. I am dealing with it under the terms of
the Freedom of Information Act 2000/Environmental Information Regulations
2004.

 

The due date for issuing a response is 8^th April 2020.

 

If you have any queries about this letter, please contact me. Please
remember to quote reference number FOI 100971 in any future
communications.

 

Kind regards,

 

Nicola

 

[1]Nicola Patchett, Business Manager
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 300 4702534 | Mobile: + 44 (0) 7795290527
Web: https://highwaysengland.co.uk
GTN: 0300 470 2534

 

 

 

 

 

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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 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 'Area 10 Contractor Rate Increases to Highways England since 2015'.

I have not received an update, I have not received the information.

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

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
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Kind regards

 

Highways England Customer Contact Centre

 

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 |
[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 ()

to ICO 12/04/2020

Dear Highways England Company Limited,

Please advise the present position with regard to this request and by when I can expect to receive the information.

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.

 

Kind regards

 

Highways England Customer Contact Centre

 

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,
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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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References

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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

Where is the information I have sought and the IR?

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.

 

Kind regards

 

Highways England Customer Contact Centre

 

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,
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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 

 

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

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4. https://www.gov.uk/make-a-freedom-of-inf...
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6. mailto:[Highways England request email]

Mr P Swift left an annotation ()

Case Reference: IC-38249-X6X8
Dear Mr Swift
I have written to the public authority reminding it of its responsibilities, and asking it to respond to you as soon as it can do so.
ICO

Dear Highways England Company Limited,

Please advise by what date I can expect to receive the information I have sought and the IR?

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.

 

Kind regards

 

Highways England Customer Contact Centre

 

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 |
[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 

 

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

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2. https://www.gov.uk/find-your-local-council
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4. https://www.gov.uk/make-a-freedom-of-inf...
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

C&P CCC, Highways England Company Limited

1 Attachment

Dear Mr Swift,

 

Please find attached a response to your enquiry  relating to the Area 10
contractor’s damage to Crown property (DCP) charge rate increases, please
accept my apologies for the delay in responding.

Regards

Paul Dearn

 

Paul Dearn

Business Information and Assurance – Commercial and Procurement

Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: [1]www.highwaysengland.co.uk

 

 

This email may contain information which is confidential and is intended
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recipient, you are hereby notified that any copying, distribution,
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strictly prohibited. If you have received this email in error, please
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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]

Mr P Swift left an annotation ()

Authority's reply:
I have responded to points 1 to 5 with one answer with a separate response to cover
point 6:

I ask to be provided all information relating to the Area 10 contractor’s (BBMM)
damage to Crown property (DCP) charge rate increases from 01/01/2015 to the
end of the Balfour Beatty Mott MacDonald Area 10 contract. The information
applies to the charges the contractor presented to Highways England insofar as
these relate to:

• Operatives
• Staff
• Plant
• Materials

This will include but not be restricted to:

1. The date of said increases
2. The increases allowed/agreed - the figures
3. The basis upon which the increases were agreed i.e. the exchanges/negotiation
and
4. The relevant section from the contract that deals with the ability to seek rate
increases, the frequency and the basis of them and
5. the changes to the uplift of said costs, the fee uplift (%) and dates from which
these were applied and

The schedule of rates contained in the Pricing Schedule of each Asset Support Contract
(ASC) contains the rates tendered during the procurement process. These rates have
been confirmed by the First Tier Tribunal (EA/2018/0104) to be commercially sensitive
and therefore under Section 43 Freedom of Information Act will not be disclosed.
They are not replaced and remain the same through the duration of the contract.
The contract does not contain a schedule that is used for DCP rates.
Highways England does not hold information in the form of a set of rates that is used for third party claims.
An Information Commissioner’s Office decision supports our decision to respond under
Section 1 Freedom of Information Act that this information is not held.

6. the purpose of the fee; what it was intended to address

The term ‘Defined Cost’ refers to a definition in the contract, the contract does not contain a schedule of Defined Costs. The Defined Cost is calculated in accordance with the definition. This is based on actual costs incurred by the supplier and there is not preset schedule of defined cost, or other schedule that is used. The definition is contained at clause 57.1 and is stated as follows: Defined Cost • All the Provider’s costs which are not included in the Defined Cost are treated as included in the Fee. As previously advised, we do not hold Schedules of DCP rates, in name or function. Each incident is treated on its own merits in line with the relevant contract. The reasonable repair costs are built up from Defined Costs using the Schedule of Cost Components (as defined in the contract) plus fees and third-party overheads, where appropriate. The Defined Cost is the actual cost of undertaking the individual third party repair. 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: https://www.gov.uk/government/organisati... If you require a print copy, please phone the Information Line on 0300 123 5000; or email info@highwaysengland.co.uk.

Dear Mr Dream

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 'Area 10 Contractor Rate Increases to Highways England since 2015'.

I ask to be provided all information relating to the Area 10 contractor’s (BBMM)

DAMAGE TO CROWN PROPERTY (DCP) CHARGE RATE

increases from 01/01/2015 to the end of the Balfour Beatty Mott MacDonald Area 10 contract. The information applies to the charges the contractor presented to Highways England insofar as
these relate to:

• Operatives
• Staff
• Plant
• Materials

I am very aware of the difference between

1. ‘ASC’ rates, those for pre-planned, scheduled works

And

2. DCP rates, those for unplanned works

You have replied:

The schedule of rates contained in the Pricing Schedule of each Asset Support Contract
(ASC) contains the rates tendered during the procurement process. These rates have
been confirmed by the First Tier Tribunal (EA/2018/0104) to be commercially sensitive
and therefore under Section 43 Freedom of Information Act will not be disclosed.

I can only assume, given the attention the subject has received over the past years and that you have elected to ‘go off at a tangent’, or been directed to do so; that your response is intentionally obstructive, obtuse.

My request is for DCP rates NOT the ASC schedule to which you refer. Your response, therefore, fails to address the request.

The fact is Damage to Crown Property (DCP) occurs. In turn, this is repaired and the bill, on occasions presented to you. Your own witness has explained the process:

http://www.englandhighways.co.uk/15-02-2...

I am seeking the information about DCP rates; the set of rates which whilst constant for months, at or about 13/08/2018, were the subject of an increase by BBMM to HE.

I note ASC rates are ‘not replaced and remain the same through the duration of the contract’. Therefore clearly the rates BBMM charge HE above the threshold for DCP rates are not ASC.

The rates HE was charged by BBMM In Area 10 were the subject of significant increases (08/2018). It appears you were unaware of this, of the 100%+ rise in some costs to your Authority. Possibly this is why I am encountering difficulty obtaining information?

If Highways England does not hold information in the form of a set of rates that is used for third party claims – and I note you understand there is a difference (ASC – there are rates you possess, DCP you do not hold) please obtain the rates from your contractor. After all, as per the Area 10 contract and Mr Ellis’ statement (see above link – HH Godsmark judgement), subthreshold, when billing Third Parties, CECA rates are used. Above the threshold, when billing your Authority, DCP rates are used – DCP rates meaning those costs charged for DCP works (repairs) ergo, the rates are held on your behalf, they are used when invoicing you only.

6. the purpose of the fee; what it was intended to address

Whilst I thank you for your comments about ‘defined cost’, I question whether you are answering the request I have made – this applies above too. I asked about the FEE.

I suspect you have been given some stock responses to use to my requests, or those presented about rates and have blindly cut/pasted the wrong ones. I am seeking information relating to the FEE added to the defined costs, the base rate uplift percentage.

Lastly, if you persist in this nonsensical ‘there is not a schedule’ please advise an email to which I can send you:

i. A list of the rates
ii. Links within BBMM’s excel spreadsheets to the workbooks containing the rates

Alternatively, I will consider posting the rates and names being concerned that this is of such significance, such an abuse of the public purse as to warrant the disclosure or names to confirm the substantial increases uncovered.

I am seeking an internal review.

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

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.

 

Kind regards

 

Highways England Customer Contact Centre

 

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 |
[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 

 

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

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2. https://www.gov.uk/find-your-local-council
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4. https://www.gov.uk/make-a-freedom-of-inf...
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Dear Highways England Company Limited,

please provide your IR response. 20 working days have passed without a response. you have failed to explain the delay, why you seemingly need more time. 40 working days have now expired

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.

 

Kind regards

 

Highways England Customer Contact Centre

 

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 |
[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 ()

25/08/2020 return to ICO re. IC-38249-X6X8

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Swift,

 

Please find attached the internal review ref. IR 100971 of your freedom of
information request ref. FOI 100971.

 

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

 

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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 

 

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

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3. mailto:[Highways England request email]

Mr P Swift left an annotation ()

from Highwys England

Internal Review

Further to your email dated 17 June 2020 regarding an internal review of our response to your request under the Freedom of Information Act 2000, it has been passed to me to conduct an internal review of the way in which your request (Ref. FOI 100971) was handled. Please accept my apologies for the delay in providing this to you.

In your e-mail dated 10 March 2020 you made the following request for information regarding BBMM who used to operate the Area 10 contract for Highways England

I ask to be provided all information relating to the Area 10 contractor’s (BBMM) damage to Crown property (DCP) charge rate increases from 01/01/2015 to the end of the Balfour Beatty Mott MacDonald Area 10 contract. The information applies to the charges the contractor presented to Highways England insofar as these relate to:

• Operatives
• Staff
• Plant
• Materials

This will include but not be restricted to:

1. The date of said increases
2. The increases allowed/agreed - the figures
3. The basis upon which the increases were agreed i.e. the exchanges/negotiation and
4. The relevant section from the contract that deals with the ability to seek rate increases, the frequency and the basis of them and
5. the changes to the uplift of said costs, the fee uplift (%) and dates form which these were applied and
6. the purpose of the fee; what it was intended to address

On 17 June 2020, following your complaint to the ICO, Highways England issued a response under FOI 100971 setting out what had already been explained to you multiple times in the past regarding the commercial sensitivity of the Pricing Schedule provided at tender and that a schedule of DCP rates is not held. The response also went onto address Defined Cost and Fee, and also provided a link to the archived Area 10 contract which can be searched for Fee information.

Subsequently and later on 17 June 2020 you requested an internal review of the response.

I have now had the opportunity to review the request and the response provided, and discuss the response with the team that provided it. Following this review and the discussions held, I am satisfied that the response answers the request made whereby the information not covered by an exemption has been made accessible to you via a link, it has been indicated to you where information is not held and explained why certain information has been withheld under exemption which has also been upheld by both ICO decision notices and Tribunal.

In conclusion, as stated above, I am satisfied that the response to your request has addressed the request made. However, as the request was made on the 10 March 2020 the response should have been issued by 8 April 2020 but no response was provided until 17 June 2020. I therefore find that Highways England has breached Section 10 of the Freedom of Information Act 2000 and I apologise for this and any inconvenience it may have caused.