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Conflicting information concerning data held and charges applied in Area 9

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Dear Highways England Company Limited,

In 10/2016, information was provided in response to an FoIA request, your reference FOI 743,153

The Area 9 Asset Support Contracts (ASC) requires adherence to the Asset Maintenance and Operational Requirements Part 3 “Incident Response”, which sets outcomes that the service provider must deliver, permitting them the opportunity to make suitable arrangements within their area and innovate to deliver quality at the best value through a risk-based approach. Service providers are required to produce a regularly updated plan that details their approach. This can vary from each service provider and across the section of the network in which they work to deliver the specific outcomes required on each route or part thereof.

The Asset Incident Watchman (AIW) service is not a 24/7 patrolling service. Under the ASC this function is now facilitated by Highway England traffic officers. The AIW service has full coverage during daytime, weekday hours. Outside of this, Kier operates a standby rota in line with its maintenance requirement plan. Details of how the AIW service operates, in relation to incidents, are covered within the Kier Insurance Guide leaflet which is included for reference.

Information in my possession indicates that the above is incorrect, that the AIW’s work 24/7, at least weekdays. Please:

• provide all evidence in support of the above statements i.e. all information you possess or were provided and the source of same.

This will include, for Area 9:

• the Asset Maintenance and Operational Requirements Part 3 “Incident Response”
• Maintenance requirement plan
• information relating to the role of the AIW’s at the commencement of the contract
• how and when it changed, t include the changes to the above plans / requirements
• how this was conveyed to all – to include copies of the documentation

You also stated:

Where the over threshold claims are concerned, Kier would pass the charges through to Highways England and assist in their recovery in the same way as they would with the below threshold claims that they pursue directly. The only differing factor between the claims is the format as the insurance community have worked with Kier to display their breakdown of charges in a manner that they prefer. With an over threshold claim, Kier would allocate charges in accordance to its minimum shift allowance i.e. if an incident occurs out of hours they would charge for the full period of coverage as opposed to charging a multiplier. Ultimately, this results in the same number; it is just a different way to display it.

Information in my possession indicates that the above is incorrect. An insurers cited by Kier has stated there is no agreement and has taken issue with the costs associated with AIW’s. Please:

• provide all evidence in support of the above statements i.e. all information you possess or were provided and the source of same.

This will include, for Area 9:

• the minimum shift allowance referred to.

Please also explain how you have concluded and conveyed:

• Ultimately, this results in the same number; it is just a different way to display it.

The above appears incorrect. By way of an example:

OVER THRESHOLD
Highways England are charged £23.71 plus 7.38% uplift (£1.75) per hour for an AIW - £25.46 / hour. Understanding that, for out of hours incident attendance of a weekday, the ‘minimum shift allowance’ is 4 hours.

Highways England are charged £101.48 for 4 hours.

UNDER THRESHOLD
Third Parties (insurance companies and fleets) are charged £73.05 / hour. Out of hours, outside ‘core hours’ (8am to 5pm) Third Parties are subject to a multiplier for out of hours incident attendance of a weekday, of 1.5x.

Third Parties are charged £109.58 for 1 hour.

If, as it is claimed, AIW’s are called out (from home?) for 5pm to 8am work of a weekday, mindful a Third Party is charged travelling, this is likely to reach or exceed 30 minutes each way i.e. the above 1 hour i.e. Third Parties will be allocated to travel alone and Third Parties will be subject to a charge in excess of this.

Your statement cannot be reconciled with the facts.

Please provide your explanation, your calculation that results in the numbers being the same

Yours faithfully,

Wayne Vardon

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]http://www.highways.gov.uk/publications/... 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.

 

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

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

To help us improve our service please click [4]here to complete a short
survey.

 

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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References

Visible links
1. http://www.highways.gov.uk/publications/...
http://www.highways.gov.uk/publications/...
2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
4. https://www.surveymonkey.co.uk/r/HECCC
5. https://www.gov.uk/government/organisati...
6. 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 'Conflicting information concerning data held and charges applied in Area 9'.

I do not appear to have received a response to my request, I received an acknowledgement only. By law, under all circumstances, the authority should have responded by now.

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,

wayne vardon

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]http://www.highways.gov.uk/publications/... 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.

 

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

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

To help us improve our service please click [4]here to complete a short
survey.

 

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
need to.

References

Visible links
1. http://www.highways.gov.uk/publications/...
http://www.highways.gov.uk/publications/...
2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
4. https://www.surveymonkey.co.uk/r/HECCC
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Vardon

Internal review ref: 765,155

Thank you for your email dated 13 August 2018.

I understand from your email you are requesting an internal review into the way in which your Freedom of Information Request: 'Conflicting information concerning data held and charges applied in Area 9' was handled, specifically that you did not receive a response to this request submitted on 26 January 2018.

Having investigated this case I can confirm that the request was received by Highways England and logged under the reference number: 759,038 and a response was provided on 15 February 2018. This response was sent to the email address [email address]. This email address had been used to respond to a previous request reference: 755,175 on 31 October 2017.

Consequently the response had not been forwarded to the whatdotheyknow.com address listed above. Please accept my apologies for this and please find attached the copy of the response sent on 15 February 2018.

If you are not satisfied with the outcome of this 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

Yours sincerely
Sian Jones | Lead Information Rights Officer | Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://www.highways.gov.uk

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