CBD's in Original Format with Associated Schedules of DCP rates

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.

I ask to be provided for the below 15 claims:

1. The Cost Breakdown Document (CBD)

The CBD will be in their original spreadsheet (Excel) format, with no alteration /amendments of the content and the cells will contain their references to associated/linked workbooks. These ‘workbooks’ have recently been referred to by your General Counsel, Tim Reardon as a schedule of rates.

2. The associated workbooks/worksheets referenced in each of the CBD’s.

3. If the workbooks/sheets are unavailable:
a. Why they cannot be produced i.e. why they were deleted/discarded
b. Why they cannot be located
c. When they were used, the date:
i. From and
ii. To

The 15 claim references are below, in the following format:
Loss Date
Kier Ref
Invoice number

25/03/2016
GC\024207
13255

11/02/2016
GC\023679
13740

31/05/2016
GC\025066
14349

28/11/2016
GC\027673
14882

27/04/2016
GC\028937
16128

06/10/2016
GC\026762
16621

24/10/2016
GC\027071
14671

24/08/2017
GC\031860
16750

25/05/2017
GC\030405
16930

24/03/2017
GC\029485
16938

28/02/2017
GC\029056
17193

07/05/2017
GC\034184
17246

13/04/2018
GC\045830
17543

01/01/2018
GC\033747
18700

02/01/2018
GC\033761
18170

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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For more information on how we use your data please check our privacy
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If you’ve made a request under the Freedom of Information Act we will
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Please be advised that emails may be monitored for training and quality
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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
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

30 April 2020 15:05, your General Counsel, Tim Reardon, wrote about the linked workbooks I refer to in this request as follows:

'Kier Highways Ltd have confirmed that the schedule you have referred to (Area_3_equipment_Defined_Cost_latest_15.xls) is outdated. They no longer have a record of it and it is not now used by anyone within the business. Similarly, this document has never been held or used by Highways England.

We have been informed by Kier that the schedule would have contained a list of equipment rates from 2015.'

However, I have received information the schedule is currently associated with claims, is currently used by the business. Furthermore that the schedule is one of many utiised by Kier Highways

The schedules are/were used for Cost Breakdown Documents (CBD’s) since their implementation following the abandonment of 1153 (10/2015) until the introduction of the NSoRC (24/06/2019) and following its abandonment (31/10/2019)

Whilst Mr Reardon explained that the schedule of DCP rates ‘Area_3_equipment_Defined_Cost_latest_15.xls’ is for ‘equipment’ it will be noted that other schedules of DCP rates, in use between 2015 and 2020 exist and pertain to the relevant CBD heading, for example ‘Initial incident’ (attendance), ‘planning’ and ‘repair’. Further file references appear below each of the example roles (AIW, DCP Manager etc.) being assigned a specific numeric value, substituted (below) by ‘{number}’.

AIW @ £65.75/hour - [Area 9 DCP 35010 costs.xlsx]Initial Incident'!I{number}

DCP Manager @ £55.75/hour - [Area 9 DCP 35010 costs.xlsx]Planning'!I{number}

DCP Technical Assistant - Downloads/[Area 9 DCP 35010 costs.xlsx]Planning'!I{number}

TM Operative @ £25.89/hour - [Area 9 DCP 35010 costs.xlsx]Repair 1'!J${number}

TM Vehicle @ £71.11/hour - [Area 9 DCP 35010 costs.xlsx]Repair 2'!J${number}

Barrier Operative @ £25.89/hour - [Area 9 DCP 35010 costs.xlsx]Repair 2'!J${number}

Barrier Rig @ £56.46 - [Area 9 DCP 35010 costs.xlsx]Repair 2'!J${number}

I understand a C01 (TCB standard beam) is held under reference !C$128 (i.e. reference '128'), an A18 (intermediate post – new spec’) 132, F01 (bolt) 140.

I am seeking the original CBD’s and their associated price lists, or schedules of DCP rates i.e. the Defined Costs, those referred to in Appendix A to Annex 23 of the contract.

It is now evident how defined costs are applied to claims; the CBD references schedules of rates, price lists, held in another workbook by creating an external reference formula to a cell or range on a worksheet in another Excel workbook, or a reference to a defined name in another workbook. However, this is described by Kier or Highways England, I am seeking all records relating to the specified CBD’s.

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

 

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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]

Green Claims Central, Highways England Company Limited

Dear Mr Swift,

 

I refer to your request of 2 July 2020 under the Freedom of Information
Act 2000 for information about Cost Breakdown Documents (CBD) for 15
specified claims.

 

I am writing to advise you that, following a search of our electronic
records, I have established that the information you requested is not held
by Highways England. This is because Highways England is not involved in
the pursuit of sub-threshold claims.

 

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 101224 in any future
communications.

 

Yours sincerely

 

Julie Turner

On behalf of Network Claims (Green) Team Leader - FBS

Highways England | 2nd Floor | 5 St Philips Place| Colmore Row| Birmingham
| B3 2PW

Web: [3]http://www.highways.gov.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 |
[4]https://www.gov.uk/government/organisati... |
[5][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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5. mailto:[Highways England request email]

Dear Ms Turner,

You state ‘the information you requested is not held by Highways England. This is because Highways England is not involved in the pursuit of sub-threshold claims’.

You are involved in the pursuit of sub-threshold claims and irrespective, the information is held on your behalf.

A. Please explain how/why you believe your Authority is not involved in the pursuit of sub-threshold claims and

B. in particular, with regard to those I have cited, each being a South Wales matter and

C. with regard to Area 3 matters, why the information would not be held given Kier utilise a CBD in the region and rates to you are said to be the same to a TP.

I am not seeking general information. I have specifically asked in respect of matters where claims are not simply being presented in the name of Highways England, but:

1. Your Authority is the claimant and your lawyers are taking action in your name.

How much more involved could you be?

Furthermore:

2. 16/03/2020, Mr Bingham wrote ‘These (S. Wales matters) have been priced using the procedure set at Appendix A to Annex 23.’

Clearly you have access to information, you have considered each matter and satisfied yourselves there is compliance with the contract.

D. I expect to be provided with this information, the evidence of review giving rise to the response by Mr Bingham.

More about Mr Bingham’s statement can be found here:
http://www.englandhighways.co.uk/200507-...

My understanding is that Kier has not said in proceedings they have issued claims in accordance with Appendix A to Annex 23 and it is clear they have not.

3. Workbooks etc. apply to a TP and HE

Annexe 23 requires Kier to bill a Third Party, such as an insurer, by use of ‘defined cost’ (base rate or actual cost) and uplift, the ‘defined cost’ is the same to a Third Party and the Authority. Ergo, you are to be billed using the same rates and information will be available to you.

The information will, therefore, be mirrored by that you possess and which should be supplied.

E. Alternatively, with regard to the cited matters, please confirm the rates used to bill HE and a TP differ and
F. is not consistent with Appendix A to Annex 23 process

4. Electronic records

The related spreadsheets, in particular TM records and rates which I have set out in a further post on the thread citing the names of a workbook, are in electronic format. These are used when Kier bill you and a TP.

Your General Counsel, Tim Reardon has confirmed, workbooks such as those I cited, used for Traffic management, are schedules of rates. It is claimed these schedules have been deleted, cannot be provided. Read more here:

http://www.englandhighways.co.uk/kier-de...

However, they are current, in use, cited in Court matters.

Additionally, your Authority made enquiry of Kier to acquire these despite your latest statement ‘the information you requested is not held because Highways England is not involved in the pursuit of sub-threshold claims’.

G. What enquiry did you make of Kier to obtain the information?

This brings me to:

5. this information is held on behalf of Highways England

You have previously been presented requests for information said to be held by Kier Highways and not yourselves, information pertinent to sub-threshold rates and claims. An example is the 2018 disclose of AIW rates, an extract from the schedule of DCP rates; 05/05/2018 in response to an FOIA request (ICO ref: FS50664292), Highways England provided the following documents. More can be read here:

http://www.englandhighways.co.uk/aiw-rat...

H. Why have you not provided the information Kier hold pertinent to the request?

I. Why are you beings elective in the assistance/disclosure?

Yours sincerely,

Mr P Swift

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 'CBD's in Original Format with Associated Schedules of DCP rates'.

You have acted prejudicially toward me and failed to address the request, dismissing it at the 11th hour.

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

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 ()

to ICO 12:22hrs 29/07/2020

Mr P Swift left an annotation ()

Case Reference: IC-48280-N2N3

Dear Mr Swift

Freedom of Information Act 2000 (FOIA)
Information request to Highways England
https://www.whatdotheyknow.com/request/c...

Thank you for your correspondence of 29 July 2020 in which you complain about the time taken for the above public authority to carry out an internal review you requested on 29 July 2020.

The right to complain to the Information Commissioner is given under section 50 of the FOIA. However, we may not look at a complaint under section 50, if for example:
• there is a long delay before bringing a complaint to our attention; or
• you have not completed the complaints procedure which the public authority provides.

Before accepting complaints, the Commissioner requires that complainants give public authorities the chance to respond to their request for an internal review of its decision.

Although there is no statutory time set out in the FOIA within which public authorities must complete a review, the Commissioner has issued guidance about it. The Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review.

The maximum amount of time taken should not be more than 40 working days. This longer period may be justified if an internal review is complex,

requires consultation with third parties or there is a high volume of relevant information covered by the request. There will sometimes be legitimate reasons why an extension longer than 40 working days is needed.

As the public authority has not had 40 working days to complete its review, we will not be taking further action at this point. You know very well, you need to allow the public authority time to respond to your internal review request.

This case has now been closed. However, if you remain dissatisfied once you receive the internal review decision and would like us to look into the matter, please contact us and include a copy of the internal review decision.

I hope this information is helpful to you. If you would like to discuss this further, please contact me on my direct number 0330 414 6239. If you need advice on a new issue you can contact us via our Helpline on 0303 123 1113 or through our live chat service. In addition, more information about the Information Commissioner’s Office and the legislation we oversee is available on our website at ico.org.uk.

Yours sincerely,

Anjum Iqbal
Case Officer
Information Commissioner's Office

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
T. 0330 414 6239 ico.org.uk twitter.com/iconews
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Mr P Swift left an annotation ()

Mr Iqbal

re: Highways England

The right to complain to the Information Commissioner is given under section 50 of the FOIA. However, you may not look at a complaint under section 50, if for example a requestor has not completed the complaints procedure which the public authority provides.

Before accepting complaints, the Commissioner requires that complainants give public authorities the chance to respond to their request for an internal review of its decision.

Although there is no statutory time set out in the FOIA within which public authorities must complete a review, the Commissioner has issued guidance about it. The Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review. I have seen reference to this here:

https://ico.org.uk/media/for-organisatio...

para 84 states; In any event an internal review should take no longer than 20 working days in most cases, or 40 in EXCEPTIONAL circumstances.

I understand the maximum amount of time taken should not be more than 40 working days, that this longer period may be justified if an internal review is

a) complex,
b) requires consultation with third parties or
c) there is a high volume of relevant information covered by the request.

There will SOMETIMES be legitimate reasons why an extension longer than 40 working days is needed.

It is correct, the Public Authority has had 20 working days to complete its review.

I know very well, I need to allow the public authority time to respond to my internal review request and that 20 days is considered reasonable. However, the Authority has neither responded within this reasonable time period nor advised of a need to delay, provided a request or justification for an extension.

I do not believe this request falls within any of the above categories at ‘a’ to ‘c’ above.

1. Why do you?

2. In what respect is my request ‘exceptional’; how is the ICO satisfied this is the case such that you write in such terms

As for the ‘sometimes’ (above), I understand you keep a list of the complaints raised, of the issues I and others have presented to yourselves. I have asked Ms Clements for an updated copy. I am also seeking further information about IR’s:
https://www.whatdotheyknow.com/request/i...

Yours,

P. Swift

Dear Highways England Company Limited,

Please advise by when I can expect to receive the IR - 20 working days has elapsed.

I remind you Tim Reardon @ highwaysengland.co.uk wrote 08/07/2020

‘We are looking into the existence or otherwise of the document Area 9 DCP 35010’

It took Mr Reardon just 2 days to identify that another schedule of DCP Rates (withheld) did in fact exist and had not been disclosed. Tim wrote

‘Kier Highways Ltd have confirmed that the schedule you have referred to Area_3_equipment_Defined_Cost_latest_15.xls is outdated. They no longer have a record of it and it is not now used by anyone within the business. Similarly, this document has never been held or used by Highways England’.

Tim promptly approached Kier for the schedule only to learn it has been disposed of (on a date yet to be disclosed). It is apparent Tim had no reluctance about approaching Kier, the information was, after all, held on your behalf. Enquiries were made and responses provided such that Tim could return to me within 48 hours.

I am therefore all the more surprised these further schedules, that came from the same source as the first disclosed have not been pursued with such diligence.

Seeking information held by Kier appears to be something you understand is necessary and are prepared to do. Aside from approaching Kier in respect of Area_3_equipment_Defined_Cost_latest_15.xls you ought AIW rates from Kier in response to a FoIA request and supplied the same explaining it would be difficult to extract them from your system.

You state Highways England is not involved in the pursuit of sub-threshold claims however

• most of the 15 claims I have referred to are the subject of proceedings in the name of Highways England – how are you ‘not involved’?
• you agreed with Kier that the process was as per Appendix A to Annex 23 – presumably, you monitor this to satisfy yourself of compliance
• You have established the rates to be used – presumably you monitor compliance with this
• You agreed on the rates to you and TP’s were to be the same – presumably you monitor this
• You are aware Kier is charging uplifts on AIW rates, in your name, costs neither they nor you incur – presumably you are monitoring this preventing fraudulent activity?

Additionally, it is not simply the pursuit of claims that is relevant; you are responsible for the rates (agreed them) and the uplift:

• The 25.29% TPCO was apparently agreed/set by HE – presumably, you monitor this and that claims are consistent with the process, that the claims presented in your name to S. Wales Court are contract compliant and
• That matters presented to other courts have been pursued in compliance with the contract and accurate evidence given by your witnesses

• You have recently varied contracts with Kier to enable them to charge Third-Parties more; how is this not direct involvement in claims that are pursued by Kier, in your name?

Please advise by when I can expect to receive the information – the schedule of DCP rates I have been referred to and presented.

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]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Swift,

 

Please find attached the internal review ref. IR 101224 of your freedom of
information request ref. FOI 101224.

 

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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References

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1. http://highwaysengland.co.uk/
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

Mr P Swift left an annotation ()

Highway England response:

Internal Review

Further to your email dated 29 July 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 101224) was handled.

In your e-mail dated 1 July 2020 you made a request for the Cost Breakdown Documents (CBDs) of 15 claims all of which were in the below threshold claim category.

On the 29 July 2020 Highways England provided a response under FOI 101224 explaining that the requested information was not held by Highways England because Highways England is not involved in the pursuit of below threshold claims.

Subsequently and also on the 29 July 2020 you contacted Highways England for an internal review of the response.

I have now had the opportunity to review the request and response, and discussed this with team who issued the response and I am satisfied that the response issued was correct and was done so within the 20 working day time frame allowed under the Freedom of Information Act 2000.

To further explain the response of information not held, as I believe has been relayed to you before and definitely since this request, when the damage repair costs for an incident are estimated to be below £10,000, the contractor conducts the repair but does not receive payment for this work from Highways England. The contractor will instead seek to recover their outlay from the responsible third party, or their motor insurer, directly. Highways England are not involved in this process. Decisions on settlement and/or litigation are made by the contractor, and any instructions provided to legal representatives on matters of liability or quantum come from the contractor directly.

In conclusion, as indicated above I am satisfied that Highways England’s response under Section 1(1)(a) of the Act that the information requested is not held was correct and was provided within the specified time for compliance set out in Section 10 of the Act.

Dear Mr Drysdale,

You state, with regard to sub £10,000 repairs:

'Highways England are not involved in this process.'
and:
'Decisions on settlement and/or litigation are made by the contractor, and any instructions provided to legal representatives on matters of liability or quantum come from the contractor directly.'

I am aware of the £10,000 threshold but your statement 'Highways England are not involved in this process' appears incorrect. When matters are the subject of proceedings, these are issued in the name of Highways England you are, therefore 'involved' if only in name.

An Authority also accompanies each claim i.e. proceedings appear to be issued with your authority, that this is required.

However, 28/02/2018 we spoke with your former Green Claims Manager (Sarah Green) to be advised, with regard to proceedings, the lawyers, Shakespeare Martineau, were acting for Highways England (not the contractor) - Mrs Green advising "I’ve had legal check it out."

I would appreciate it if you would confirm the situation.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

2 September 2020
Case Reference: IC-48280-N2N3

Thank you for your correspondence of 29 August 2019 in which you raised a complaint about the above public authority’s handling of your request for information.
Your complaint has been accepted as eligible for further consideration and will be allocated to a case officer as soon as possible.