Information request
Our reference: 45900094
Your reference: [FOI #902625 email]

══════════════════════════════════════════════════════════════════════════

Dear Wayne Vardon
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 26
September 2022 concerning:
 
Dear Birmingham City Council,

I am reviewing Kier invoice INV29166

I note at
https://www.whatdotheyknow.com/request/k...
you have responded to a request 'Kier Highways do not use CECA rates and
the costs for staff and labour are predominantly those of the TUPE
workforce'.

1. Please advise when this changed. Kier's costs correspondence refers to
CECA rates and the uplift//

You have written 'Kier will pursue Third Parties (including insurers) for
recovery of costs incurred from having to repair the network'

2. Please provide the 'costs' for staff and labour. These are not CECA
rates

3. How is there 'not an opportunity for Kier to generate a profit from
claims'?

Kier are:

a. Utilising CECA rates with a 148% uplift

CECA include OH&P, Permanent repair costs have already been added (this is
what the repair charges are) and the rates include overheads/planning, and
profit. Yet Kier add:

b. Applying a 'Planning and Permanent Repair (Fixed Cost)' charge of
£822.37 to every claim

additionally:

c. are paid a fixed Management Fee.

Please provide all information relating to the agreement for Kier to
conduct themselves sin this manner.

Additionally, you have responded that Kier engage a claims handling agent.
Please provide:

4. All information between BCC and Kier relating to this arrangement; the
use of an agent i.e. why you believe this to be the case, the procedure
adopted by Kier

5. Please provide your instructions to Kier concerning the disclosure of
relevant information and

6. Provide the last audit of Kier
 
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 24 October 2022.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours faithfully
 
 
Jenny Bent
Business Support Coordinator
Digital & Customer Support Services
[email address]
 
 
 
NOTE: Please do not edit the subject line when replying to this email.
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.

 
 
 
 
Information request
Our reference: 45900094
Your reference: [FOI #902625 email]

══════════════════════════════════════════════════════════════════════════

Dear Wayne Vardon
 
Freedom of Information Act 2000
 
Thank you for your request received on 26 September 2022 concerning:
 
 Dear Birmingham City Council,

I am reviewing Kier invoice INV29166

I note at
https://www.whatdotheyknow.com/request/k...
you have responded to a request 'Kier Highways do not use CECA rates and
the costs for staff and labour are predominantly those of the TUPE
workforce'.

1. Please advise when this changed. Kier's costs correspondence refers to
CECA rates and the uplift//

You have written 'Kier will pursue Third Parties (including insurers) for
recovery of costs incurred from having to repair the network'

2. Please provide the 'costs' for staff and labour. These are not CECA
rates

3. How is there 'not an opportunity for Kier to generate a profit from
claims'?

Kier are:

a. Utilising CECA rates with a 148% uplift

CECA include OH&P, Permanent repair costs have already been added (this is
what the repair charges are) and the rates include overheads/planning, and
profit. Yet Kier add:

b. Applying a 'Planning and Permanent Repair (Fixed Cost)' charge of
£822.37 to every claim

additionally:

c. are paid a fixed Management Fee.

Please provide all information relating to the agreement for Kier to
conduct themselves sin this manner.

Additionally, you have responded that Kier engage a claims handling agent.
Please provide:

4. All information between BCC and Kier relating to this arrangement; the
use of an agent i.e. why you believe this to be the case, the procedure
adopted by Kier

5. Please provide your instructions to Kier concerning the disclosure of
relevant information and

6. Provide the last audit of Kier

Yours faithfully,

Wayne Vardon....
 
We are now considering the request but we need more time to provide you
with a response. We will now try to respond to you by 31 October 2022. 
Please accept our apologies for the delay in replying to your request.
 
 
If you are dissatisfied with our response to your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within 40 working days from the date this authority issued its
initial response.  Please outline which part of the response you are not
happy with setting out your reasons. This request should be addressed to:
 
Corporate Information Governance Team
PO Box 16366
Birmingham
B2 2YY
 
or email [1][email address] 
 
 
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
at:

The Information Commissioner's Office

Website: [2]www.ico.org.uk

 
Yours faithfully
 
 
Jenny Bent
Business Support Coordinator
Digital & Customer Support Services
[email address]
 
 
 
NOTE: Please do not edit the subject line when replying to this email.
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/foiextract20221024-3390109-z0ps9d#
2. file:///tmp/foiextract20221024-3390109-z0ps9d#

 
 
 
 
Information request
Our reference: 45900094
Your reference: [FOI #902625 email]

══════════════════════════════════════════════════════════════════════════

Dear Wayne Vardon
 
Freedom of Information Act 2000
 
Further to my email of 24 October 2022 I am writing to advise you that we
are not yet in a position to provide you with a response to your request
for information.
 
We are endeavouring to provide you with a response and aim to reply by 4
November 2022.  Please accept our apologies for the delay.
 
 
If you are dissatisfied with our response to your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within 40 working days from the date this authority issued its
initial response.  Please outline which part of the response you are not
happy with setting out your reasons. This request should be addressed to:
 
Corporate Information Governance Team
PO Box 16366
Birmingham
B2 2YY
 
or email [1][email address] 
 
 
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
at:

The Information Commissioner's Office

Website: [2]www.ico.org.uk

 
Yours faithfully
 
 
Jenny Bent
Business Support Coordinator
Digital & Customer Support Services
[email address]
 
 
 
NOTE: Please do not edit the subject line when replying to this email.
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/foiextract20221031-784556-9d3wos#
2. file:///tmp/foiextract20221031-784556-9d3wos#

 
 
 
 
Information request
Our reference: 45900094
Your reference: [FOI #902625 email]

══════════════════════════════════════════════════════════════════════════

Dear Mr Vardon
 
Freedom of Information Act 2000
 
Thank you for your request received on 26 September 2022.
 
I can confirm that the response to your request is currently being
finalised and will be sent to you early next week.  I apologise again for
the delay in replying.
 
 
If you are dissatisfied with our response to your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within 40 working days from the date this authority issued its
initial response.  Please outline which part of the response you are not
happy with setting out your reasons. This request should be addressed to:
 
Corporate Information Governance Team
PO Box 16366
Birmingham
B2 2YY
 
or email [1][email address] 
 
 
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
at:

The Information Commissioner's Office

Website: [2]www.ico.org.uk

 
Yours faithfully
 
 
Jenny Bent
Business Support Coordinator
Digital & Customer Support Services
[email address]
 
 
 
NOTE: Please do not edit the subject line when replying to this email.
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/foiextract20221104-3368908-19qb55k#
2. file:///tmp/foiextract20221104-3368908-19qb55k#

 
 
 
 
Information request
Our reference: 45900094
Your reference: [FOI #902625 email]

══════════════════════════════════════════════════════════════════════════

Dear Mr Vardon
 
Thank you for your request for information received on 26 September 2022. 
Please accept our apologies for the delay in replying.
 
Please find attached our response to your request.
 
Yours faithfully
 
 
Jenny Bent
Business Support Coordinator
Digital & Customer Support Services
[email address]
 
 
 
Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use
 
NOTE: Please do not edit the subject line when replying to this email.
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.

 
 
 
 
Information request
Our reference: 45900094
Your reference: [FOI #902625 email]

══════════════════════════════════════════════════════════════════════════

Dear wayne vardon
 
Thank you for your request for a review received on 16 November 2022. We
are sorry that you are dissatisfied with our attempts to handle your
request under the Freedom of Information Act 2000
 
We can confirm that we are considering your concerns and we will aim to
provide you with a response by 14 December 2022.
 
Yours faithfully
 
Corporate Information Governance Officer
Digital & Customer Services

 
 
 
NOTE: Please do not edit the subject line when replying to this email.
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.

 
 
 
 
Information request
Our reference: 45900094
Your reference: [FOI #902625 email]

══════════════════════════════════════════════════════════════════════════

Dear Wayne Vardon
 
Decision
The panel have reviewed the request and the response provided.  The panel
agreed the service area had already provided a detailed response in
relation to why the request is vexatious. However, the panel would like to
clarify that it is the requests relation to Kier Highways and Birmingham
Highways Ltd are deemed vexatious, not the requestor.   

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.

If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
http://www.ico.gov.uk/complaints/freedon...
 
Helpline on 0303 123 1113
 
Yours faithfully
 
 
Malkiat Thiarai 
Head of Corporate Information Management
Digital & Customer Services
 
 
NOTE: Please do not edit the subject line when replying to this email.
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.