Asbestos Removal Framework

The request was partially successful.

Dear Dundee City Council,

Can you please provide me with the following information.

1. The minimum criteria for inclusion on your Asbestos Removal Framework (eg. Trade/Association membership, insurance types and levels, financial credit rating, etc.)

2. Details of existing Asbestos Removal Framework Contractors since 05/04/2012 to the present date. Including: -
• When and where all contracts were advertised.
• All contract awards dates and duration.
• Commencement date of each contract.
• Details of all options to extend contract dates after the initial term has elapsed.

3. The total amount spent by the council on asbestos removal, and asbestos maintenance, from 05/04/2012 to the present date.

Yours faithfully,

Thom Adair

Dundee City Council

Your request dated 06/04/2016 has been submitted to the Freedom Of Information Database.

Please quote Reference No.: 20160406010 for future correspondence.

Thank You.
------------------------------------------------------------

This is an automated e-mail - please do not reply.

Dear Dundee City Council,

Please note that this request is now overdue. Can you please let me know what is causing the delay in replying.

Yours sincerely,

Thom Adair

Dundee City Council

Dear Mr Adair
I acknowledge your email below and apologise for the delay.
 
I have forwarded your email to my Legal Manager for his attention.
 
Best Regards
Charlaine Mellor
 
 
Freedom of Information Liaison
Dundee City Council
21 City Square
Dundee DD1 3BY
E: [1][Dundee City Council request email]
[2]www.dundeecity.gov.uk/foisa

-----Thom Adair <[FOI #326880 email]> wrote: -----
To: Dundee City Council <[Dundee City Council request email]>
From: Thom Adair <[FOI #326880 email]>
Date: 06/05/2016 05:07PM
Subject: Re: New Entry in Freedom Of Information Database

Dear Dundee City Council,

Please note that this request is now overdue.  Can you please let me know
what is causing the delay in replying.

Yours sincerely,

Thom Adair

show quoted sections

Dear Dundee City Council,

It has been ten days since I received your apology for the delay in replying to this request. I would appreciate it if you could let me know what it causing this delay and when I can expect a reply.

Yours faithfully,

Thom Adair

Dundee City Council

Dear Mr Adair
I acknowledge your email below and apologise again for this delay and have
forwarded your email to my Legal Manager for his attention.
 
Best Regards
Charlaine Mellor
 
Freedom of Information Liaison
Dundee City Council
21 City Square
Dundee DD1 3BY
E: [1][Dundee City Council request email]
[2]www.dundeecity.gov.uk/foisa

-----Thom Adair <[FOI #326880 email]> wrote: -----
To: FOI requests at Dundee City Council <[Dundee City Council request email]>
From: Thom Adair <[FOI #326880 email]>
Date: 19/05/2016 05:01PM
Subject: Re: New Entry in Freedom Of Information Database

Dear Dundee City Council,

It has been ten days since I received your apology for the delay in
replying to this request.  I would appreciate it if you could let me know
what it causing this delay and when I can expect a reply.

Yours faithfully,

Thom Adair

show quoted sections

Dundee City Council

Dear Mr Adair
In regards to your email below, we aim to send the information you have
requested later today or tomorrow.
Again I apologise for this delay.
 
Best Regards
Charlaine Mellor
 
Freedom of Information Liaison
Dundee City Council
21 City Square
Dundee DD1 3BY
E: [1][Dundee City Council request email]
[2]www.dundeecity.gov.uk/foisa

-----Thom Adair <[FOI #326880 email]> wrote: -----
To: Dundee City Council <[Dundee City Council request email]>
From: Thom Adair <[FOI #326880 email]>
Date: 06/05/2016 05:07PM
Subject: Re: New Entry in Freedom Of Information Database

Dear Dundee City Council,

Please note that this request is now overdue.  Can you please let me know
what is causing the delay in replying.

Yours sincerely,

Thom Adair

show quoted sections

foi@dundeecity.gov.uk, Dundee City Council

1 Attachment

Please see attached.

Dear Dundee City Council,

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

I am writing to request an internal review of Dundee City Council's handling of my FOI request 'Asbestos Removal Framework'.

I refer to your refusal to answer Question 3 in the, much delayed, reply to my FOI request. As none of the other Scottish Councils had an issue with collating and divulging this information, I do not accept your argument regarding the cost of compiling the information requested being in excess of £600.00.

"In regards to question 3, Section 12(1) of the Freedom of Information (Scotland) Act 2002 provides that Scottish public authorities are not obliged to comply with a request for information if the authority estimates that the cost of complying with the request would exceed such amount as may be prescribed in regulations made by the Scottish Ministers. The prescribed amount is currently £600.

It is estimated that the cost of complying with this part of your request would exceed £600.

I therefore refuse this part of your request."

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,

Thom Adair

Dundee City Council

Dear Mr Adair
I acknowledge your email below.
 
Best Regards
Charlaine Mellor
 
Freedom of Information Liaison
Dundee City Council
21 City Square
Dundee DD1 3BY
E: [1][Dundee City Council request email]
[2]www.dundeecity.gov.uk/foisa

-----Thom Adair <[FOI #326880 email]> wrote: -----
To: FOI requests at Dundee City Council <[Dundee City Council request email]>
From: Thom Adair <[FOI #326880 email]>
Date: 25/05/2016 04:13PM
Subject: Internal review of Freedom of Information request - Asbestos
Removal Framework

Dear Dundee City Council,

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

I am writing to request an internal review of Dundee City Council's
handling of my FOI request 'Asbestos Removal Framework'.

I refer to your refusal to answer Question 3 in the, much delayed, reply
to my FOI request.  As none of the other Scottish Councils had an issue
with collating and divulging this information, I do not accept your
argument regarding the cost of compiling the information requested being
in excess of £600.00.  

"In regards to question 3, Section 12(1) of the Freedom of Information
(Scotland) Act 2002 provides that Scottish public authorities are not
obliged to comply with a request for information if the authority
estimates that the cost of complying with the request would exceed such
amount as may be prescribed in regulations made by the Scottish Ministers.
 The prescribed amount is currently £600.

It is estimated that the cost of complying with this part of your request
would exceed £600.  

I therefore refuse this part of your request."

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

Yours faithfully,

Thom Adair

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #326880 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
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If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dundee City Council

2 Attachments

 
Dear Mr Adair
 

I refer to your e-mail of 26 May 2016, requesting a review of the response
issued by Dundee City Council in relation to your above Freedom of
Information request.

 

Your Original Request

 

On 6 April 2016, you made a request for the following information:-

 
"Dear Dundee City Council,

 
Can you please provide me with the following information.

 
1.  The minimum criteria for inclusion on your Asbestos Removal Framework
(eg. Trade/Association membership, insurance types and
     levels, financial credit rating, etc.)

 
2.  Details of existing Asbestos Removal Framework Contractors since
05/04/2012 to the present date. Including:-

 
     • When and where all contracts were advertised.

 
     • All contract awards dates and duration.

 
     • Commencement date of each contract.

 
     • Details of all options to extend contract dates after the initial
term has elapsed.

 
3.  The total amount spent by the council on asbestos removal, and
asbestos maintenance, from 05/04/2012 to the present date."

 
Legal Manager's Response

 
On 25 May 2016, the Legal Manager responded as follows:-
 

"I refer to your email of 6 April and I apologise for the delay in
providing our response.

 

In regards to question 3, Section 12(1) of the Freedom of Information
(Scotland) Act 2002 provides that Scottish public authorities are not
obliged to comply with a request for information if the authority
estimates that the cost of complying with the request would exceed such
amount as may be prescribed in regulations made by the Scottish Ministers.
The prescribed amount is currently £600.

 

It is estimated that the cost of complying with this part of your request
would exceed £600.

 
I therefore refuse this part of your request.

 
The answers which I can provide are as follows:

 
1. The minimum criteria for inclusion on your Asbestos Removal Framework
(eg. Trade/Association membership, insurance types and levels, financial
credit rating, etc.)

Dundee City Council partake of the Scotland Excel framework Agreement
2015, please refer to Scotland Excel for these requirements

 
2. Details of existing Asbestos Removal Framework Contractors since
05/04/2012 to the present date. Including:-

Prior to 2012 DCC did not have or utilise a framework of suppliers in
relation to Asbestos Removal

The duration of the framework is for 1 April 2015 to 31 March 2017

• When and where all contracts were advertised.

 
All contract opportunities under this framework are advertised as mini
competitions on Public Contracts Scotland. Under the Framework we are
entitled to make direct awards on smaller projects

 
• All contract awards dates and duration.

The duration of the framework is for 1 April 2015 to 31 March 2017

 
• Commencement date of each contract.

The duration of the framework is for 1 April 2015 to 31 March 2017

 
• Details of all options to extend contract dates after the initial term
has elapsed.

 
The Scotland Excel framework duration is 3 years with the option to extend
for up to 24 months to 31st March 2019."

 
Your Request for Review

 
On 25 May 2016, you requested a review of the Legal Manager's decision as
follows:-

 
"Dear Dundee City Council

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

 
I am writing to request an internal review of Dundee City Council's
handling of my FOI request 'Asbestos Removal Framework'.

 
I refer to your refusal to answer Question 3 in the, much delayed, reply
to my FOI request. As none of the other Scottish Councils had an issue
with collating and divulging this information, I do not accept your
argument regarding the cost of compiling the information requested being
in excess of £600.00.

 
"In regards to question 3, Section 12(1) of the Freedom of Information
(Scotland) Act 2002 provides that Scottish public authorities are not
obliged to comply with a request for information if the authority
estimates that the cost of complying with the request would exceed such
amount as may be prescribed in regulations made by the Scottish Ministers.
The prescribed amount is currently £600.

 
It is estimated that the cost of complying with this part of your request
would exceed £600.

 
I therefore refuse this part of your request."

 
A full history of my FOI request and all correspondence is available on
the Internet at this address:

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

 
My Deliberation

 
Following on your statement that other Scottish public authorities have
been able to comply with your request within the cost amount of £600, I
have discussed the matter with both the Legal Manager and Corporate
Procurement Manager. The request was originally forwarded to the
Corporate Procurement Manager and you have received answers to two of your
three questions.

 
Dundee City Council have no knowledge as to how the information regarding
asbestos spend is collated and carried out within other local
authorities.  However, your request is from 5 April 2012 and this is what
causes the Council a particular problem.  All information after April 2015
when the Council began using the Scotland Excel Framework Agreement is
available without undue cost.  I can provide the information from April
2015 and this is now attached.  Prior to that date, Council Officers were
making direct awards of contracts for asbestos removal across many
different contracts.  Dundee City Council has approximately 13,000 Council
houses and is constantly improving its Council housing stock.  In
addition, Dundee City Council owns many commercial properties and, as a
result, there are hundreds, if not thousands, of repairs carried out
annually.  Therefore, prior to April 2015, the information regarding
asbestos removal was not held centrally and is therefore contained within
thousands of individual files.  It is contained within paper files and not
held electronically. To properly answer the question, we would require to
examine each individual file.  The Legal Manager has advised that it is
unfortunate that this is the case but the manual process of examining
numerous individual files to get the answer which you request for
historical information prior to April 2015 will take many hundreds of man
hours and on the basis that the person required to make such examination
will require a degree of knowledge of such matters it is likely that the
cost per hour could be as much as the maximum of £15.  It is certain
therefore that the work involved in examining all these files would be
well in excess of the 40 hours which would make the amount beyond the
maximum £600.

 
My Conclusion

 
The Council takes its Freedom of Information role very seriously and where
possible, attempts to assist requesters by providing information that is
why I can now provide you with the figures from 2015.

 
We have provided answers to two of your three questions and part of your
third question, but the information prior to 2015 would certainly be in
excess of the £600 cost limit.  Were there to be particular projects or
some more specific information which you wish to consider, then the
Council will look at the matter.  In addition, I can assure you that
Dundee City Council take dealing with asbestos very seriously and, with
this in mind, I attach the Council Management of Asbestos Policy for your
information.  I therefore agree with the Legal Manager that the request
should be refused in terms of Section 12(1) of the Freedom of Information
(Scotland) Act 2002.

 
If you are unhappy with my decision you may appeal to the Scottish
Information Commissioner. You must submit you appeal to the Scottish
Information Commissioner within six months of receiving my decision.
Further details on the Scottish Information Commissioner's appeal
procedure can be found at [1][email address] or
telephone (01334) 464610 or write to Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS. If you are
unhappy with the Scottish Information Commissioner's decision you may then
have the right to appeal to the Court of Session.

 
Regards

David R Martin

Chief Executive

Dundee City Council

[2][email address]

  

 
Dear Mr Adair

 

I refer to your e-mail of 26 May 2016, requesting a review of the response
issued by Dundee City Council in relation to your above Freedom of
Information request.

 

Your Original Request

 

On 6 April 2016, you made a request for the following information:-

 

"Dear Dundee City Council,

 

Can you please provide me with the following information.

 

1.         The minimum criteria for inclusion on your Asbestos Removal
Framework (eg. Trade/Association membership, insurance types and levels,
financial credit rating, etc.)

 

2.         Details of existing Asbestos Removal Framework Contractors
since 05/04/2012 to the present date.  Including:-

 

•           When and where all contracts were advertised.

 

•           All contract awards dates and duration.

 

•           Commencement date of each contract.

 

•           Details of all options to extend contract dates after the
initial term has elapsed.

 

3.         The total amount spent by the council on asbestos removal, and
asbestos maintenance, from 05/04/2012 to the present date."

 

Legal Manager's Response

 

On 25 May 2016, the Legal Manager responded as follows:-

 

"I refer to your email of 6 April and I apologise for the delay in
providing our response.

 

In regards to question 3, Section 12(1) of the Freedom of Information
(Scotland) Act 2002 provides that Scottish public authorities are not
obliged to comply with a request for information if the authority
estimates that the cost of complying with the request would exceed such
amount as may be prescribed in regulations made by the Scottish
Ministers.  The prescribed amount is currently £600.

 

It is estimated that the cost of complying with this part of your request
would exceed £600. 

 

I therefore refuse this part of your request.

 

The answers which I can provide are as follows:

 

1. The minimum criteria for inclusion on your Asbestos Removal Framework
(eg. Trade/Association membership, insurance types and levels, financial
credit rating, etc.)

Dundee City Council partake of the Scotland Excel framework Agreement
2015, please refer to Scotland Excel for these requirements

 

2. Details of existing Asbestos Removal Framework Contractors since
05/04/2012 to the present date. Including:-

Prior to 2012 DCC did not have or utilise a framework of suppliers in
relation to Asbestos Removal

The duration of the framework is for 1 April 2015 to 31 March 2017

• When and where all contracts were advertised.

 

All contract opportunities under this framework are advertised as mini
competitions on Public Contracts Scotland. Under the Framework we are
entitled to make direct awards on smaller projects

 

• All contract awards dates and duration.

The duration of the framework is for 1 April 2015 to 31 March 2017

 

• Commencement date of each contract.

 

The duration of the framework is for 1 April 2015 to 31 March 2017

• Details of all options to extend contract dates after the initial term
has elapsed.

 

The Scotland Excel framework duration is 3 years with the option to extend
for up to 24 months to 31st March 2019."

 

Your Request for Review

 

On 25 May 2016, you requested a review of the Legal Manager's decision as
follows:-

 

"Dear Dundee City Council

 

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

 

I am writing to request an internal review of Dundee City Council's
handling of my FOI request 'Asbestos Removal Framework'.

 

I refer to your refusal to answer Question 3 in the, much delayed, reply
to my FOI request. As none of the other Scottish Councils had an issue
with collating and divulging this information, I do not accept your
argument regarding the cost of compiling the information requested being
in excess of £600.00.

 

"In regards to question 3, Section 12(1) of the Freedom of Information
(Scotland) Act 2002 provides that Scottish public authorities are not
obliged to comply with a request for information if the authority
estimates that the cost of complying with the request would exceed such
amount as may be prescribed in regulations made by the Scottish Ministers.
The prescribed amount is currently £600.

 

It is estimated that the cost of complying with this part of your request
would exceed £600.

 

I therefore refuse this part of your request."

 

A full history of my FOI request and all correspondence is available on
the Internet at this address:

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

 

My Deliberation

 

Following on your statement that other Scottish public authorities have
been able to comply with your request within the cost amount of £600, I
have discussed the matter with both the Legal Manager and Corporate
Procurement Manager.  The request was originally forwarded to the
Corporate Procurement Manager and you have received answers to two of your
three questions.

 

Dundee City Council have no knowledge as to how the information regarding
asbestos spend is collated and carried out within other local
authorities.  However, your request is from 5 April 2012 and this is what
causes the Council a particular problem.  All information after April 2015
when the Council began using the Scotland Excel Framework Agreement is
available without undue cost.  I can provide the information from April
2015 and this is now attached.  Prior to that date, Council Officers were
making direct awards of contracts for asbestos removal across many
different contracts.  Dundee City Council has approximately 13,000 Council
houses and is constantly improving its Council housing stock.  In
addition, Dundee City Council owns many commercial properties and, as a
result, there are hundreds, if not thousands, of repairs carried out
annually.  Therefore, prior to April 2015, the information regarding
asbestos removal was not held centrally and is therefore contained within
thousands of individual files.  It is contained within paper files and not
held electronically.  To properly answer the question, we would require to
examine each individual file.  The Legal Manager has advised that it is
unfortunate that this is the case but the manual process of examining
numerous individual files to get the answer which you request for
historical information prior to April 2015 will take many hundreds of man
hours and on the basis that the person required to make such examination
will require a degree of knowledge of such matters it is likely that the
cost per hour could be as much as the maximum of £15.  It is certain
therefore that the work involved in examining all these files would be
well in excess of the 40 hours which would make the amount beyond the
maximum £600.

 

My Conclusion

 

The Council takes its Freedom of Information role very seriously and where
possible, attempts to assist requesters by providing information that is
why I can now provide you with the figures from 2015.

 

We have provided answers to two of your three questions and part of your
third question, but the information prior to 2015 would certainly be in
excess of the £600 cost limit.  Were there to be particular projects or
some more specific information which you wish to consider, then the
Council will look at the matter.  In addition, I can assure you that
Dundee City Council take dealing with asbestos very seriously and, with
this in mind, I attach the Council Management of Asbestos Policy for your
information.  I therefore agree with the Legal Manager that the request
should be refused in terms of Section 12(1) of the Freedom of Information
(Scotland) Act 2002.

 

If you are unhappy with my decision you may appeal to the Scottish
Information Commissioner.  You must submit you appeal to the Scottish
Information Commissioner within six months of receiving my decision. 
Further details on the Scottish Information Commissioner's appeal
procedure can be found at [3][email address] or
telephone (01334) 464610 or write to Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.  If you are
unhappy with the Scottish Information Commissioner's decision you may then
have the right to appeal to the Court of Session.

 

Regards

 

David Martin

 

Chief Executive

 

****************************************

Angie Gove

Secretary

Corporate Services Department

21 City Square

DUNDEE

DD1 3BY

Tel: (01382) 434510

E-mail: [4][email address]

 

****************************************

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show quoted sections