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Costing of Kier’s Claims in Area 9

We're waiting for Jacob Smith to read a recent response and update the status.

Dear Highways England Company Limited,

In July 2017 you wrote you were currently looking into allegations in relation to the costing of Kier’s claims in Area 9 . I am requesting is everything about it.

Yours faithfully,

Jacob Smith

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.

 

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

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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References

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

FOI Advice, Highways England Company Limited

Dear Mr Smith
 
Thank you for your request for information about Costing of Kier’s Claims
in Area 9 dated 9th November. I am dealing with it under the terms of the
Freedom of Information Act 2000.
 
We aim to issue a response no later than 6th December 2018 if for any
reason this changes we will advise you accordingly in advance.
 
If you have any queries about this letter, please contact our team. Please
remember to quote reference number 767,268 in any future communications.
 
Yours sincerely
 
 
Andrea Bartlett
FOI Administrator | IT Directorate
Highways England | Woodlands | Manton Lane | Bedford | MK41 7LW
 
 
 

show quoted sections

Mr P Swift left an annotation ()

FOI Advice, Highways England Company Limited

2 Attachments

Dear Mr Smith,

 

I am writing to advise you that we do not hold information to your request
8^th November .

 

The information you requested is being withheld in reliance on the
exemption in [1]section 14(2) of the Freedom of Information Act 2000
because this is a repeated request and we sent a response 26^th  October
2017, Please see the original response attached.

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:
[2]https://www.gov.uk/government/organisati...
 

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [3][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 767,268 in any future communications.

 

Yours sincerely

 

Freedom of Information Team
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Web: [4]http://www.highways.gov.uk

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

Mr P Swift left an annotation ()

The following may be of assistance. Did you place your 2017 request with the ICO?
There appears less reason to decline your request now as the ‘investigation’ is complete. The time line here may assist you:
http://www.englandhighways.co.uk/area-9-...
It is possible you were the subject of semantics; in 2017 Highways England may claim they were not looking into the matter but that KPMG (it was to be Grant Thornton) were. However, as Mrs Green was my SPoC (single point of contact) for the enquiry, it is apparent considerable information was held – for example, I provided documentation during a meeting and access to many records on-line (password protected).
Additionally, I have made a SAR (subject access request) of HE and been provided information that relates to the enquiry. Those with knowledge of this would be:
• Colin Matthews
• Jim O’Sullivan
• Tim Reardon
• Sharon McCarthy
• Gary Bacon
Therefore, you will need to have clarified why no information as held when you made the first request.
The allegations arose in 2015 when I sent a substantial report to Highways england. Tim Reardon is aware of this and instigated an audit in 01/2016. This did not address the allegations which continued until the meeting 06/2017 and remain to this day.
The enquiry being conclude din past few months, there should be a mass of information available.
P. Swift

Our Ref: CRS 755 461
https://www.whatdotheyknow.com/request/a...

Q. What information can you provide about the Highways Agency looking into the allegations in relation to the costing of Kier's claims in Area 9?
a. I have established that the information you requested is not held by Highways England.
Q. When did these allegations arise?
a. I have established that the information you requested is not held by Highways England.

Dear FOI Advice,
I'm after the information following the last request.
Has the investigation finished? I can find no report on line about the investigation..
I am after the report, all information and the cost of the investigation.
Yours sincerely,
Jacob Smith

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 'Costing of Kier’s Claims in Area 9'.

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,

Jacob Smith

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.

 

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,
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strictly prohibited. If you have received this email in error, please
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[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
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6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

Dear Mr Smith

I note from the correspondence on WhatDoTheyKnow.com (the link to this correspondence is quoted in your email below) in this case that on 17 January 2019 you asked:

I'm after the information following the last request.
Has the investigation finished? I can find no report on line about the investigation..
I am after the report, all information and the cost of the investigation.

I understand you are now seeking an internal review. Please note that the deadline for response to this request is 14 February 2019. The statutory deadline for providing a response under the Freedom of Information Act 2000 has yet to expire. Given Highways England is currently within the statutory timescales for providing a response an internal review is not yet appropriate

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

show quoted sections

TPC HAIL, Highways England Company Limited

1 Attachment

Jacob

 

Please find attached response to your FOI query.

 

TPC HAIL

FBS Green Claims
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: [1]https://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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3. mailto:[Highways England request email]

Andrew Wright left an annotation ()

I've a problem with 9 too. Have you seen http://www.englandhighways.co.uk/area-9-...
http://www.englandhighways.co.uk/wp-cont...
You after another one?
Andy

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 'Costing of Kier’s Claims in Area 9'.

Andrew Wright left an annotation (21 February 2019)
I've a problem with 9 too. Have you seen http://www.englandhighways.co.uk/area-9-...
http://www.englandhighways.co.uk/wp-cont...
You after another one?
Andy

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

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,

Jacob Smith

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.

 

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
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4. https://www.surveymonkey.co.uk/r/HECCC
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6. mailto:[Highways England request email]

Mr P Swift left an annotation ()

The response appears illogical:
'Following a search of our records, I have established that the information you requested is not held by Highways England as the review into our service provider
contract for Area 9, is not complete'.
I was informed the inquiry I initiated 21/06/2017 was concluded in 21/09/2018, specifically, I received a letter stating:
I can tell you the investigation into Area 9 Green claims is concluded. I have placed the full reply here:
http://www.englandhighways.co.uk/wp-cont...

I have not been advised to the contrary.

John Stephenson left an annotation ()

Oops! Must be a bit embarrassing for the CEO to sign one letter saying that the investigation into Area 9 has being ‘concluded’, and four months later his Green Claims team to say that it isn’t ‘complete’!
I've got to follow this.

Mr P Swift left an annotation ()

Updated information here after reviewing your request and the history of same
http://www.englandhighways.co.uk/area-9-...

Dear Highways England Company Limited,

I am referred to http://www.englandhighways.co.uk/area-9-.... If there is an investigation you hold information. Is the investigation finished or not?

Yours faithfully,

Jacob Smith

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.

 

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,
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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References

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6. mailto:[Highways England request email]

Thanks everyone. It's gone to the ICO. You've got the CEO saying finished and someone else saying ongoing. Poor show.
Jacob Smith

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.

 

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,
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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]

Dear Highways England Company Limited,

Someone explain how you don't hold the information about an investigation that's ongoing.

Send me everything your CEO got and a copy of the letter that's talked about here http://www.englandhighways.co.uk/area-9-...

Yours faithfully,

Jacob Smith

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.

 

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
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recipient, you are hereby notified that any copying, distribution,
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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
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6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Smith,

 

Please find attached a copy of the internal review reference: 769,260 of
your Freedom of Information request reference: 768,553. Please accept my
apologies that this has taken a little longer than usual to be provided.

 

Yours Sincerely,

 

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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3. mailto:[Highways England request email]

Harrison, James, Highways England Company Limited

1 Attachment

Jacob

 

Please find your response to your latest FOI query.

 

TPC Hail

FBS Green Claims
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: [1]https://highwaysengland.co.uk

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
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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 |
[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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Mr P Swift left an annotation ()

08 April 2019 response text below

Request for information under the Freedom of Information Act 2000
Thank you for your request for information dated 11 March 2019.
I have dealt with your request under the terms of the Freedom of Information Act 2000.
In your request you said:

I am referred to http://www.englandhighways.co.uk/area-9-.... If there is an investigation you hold information. Is the investigation finished or not?

Following complaints from loss adjusters, Highways England commissioned an independent investigation into the pricing in Area 9 of below threshold (i.e. below £10,000) claims for damage to the strategic road network (sometimes referred to as Damage to
Crown Property (DCP) or Green Claims). The investigation revealed a lack of transparency in the pricing of Green Claims in Area 9, citing the lack in the Asset Support Contract of any schedule of rates (labour or materials) for third party repairs.

As none of the ASCs contain schedules of rates, and Highways England considers that the lack of transparency applies equally to above threshold claims (i.e. those above £10,000) claims as well as claims below threshold it was considered that a review covering all areas was required.

Whilst the investigation into Area 9 in isolation was concluded it was widened into a root and branch review to improve the end-to-end process for the recovery of Green Claims generally. This review is ongoing and a final report has not been produced.

Dear Harrison, James,

You're not acting transparently. I asked you to explain how you don't hold the information about an investigation that's ongoing and to send me everything your CEO got and a copy of the letter that's talked about here http://www.englandhighways.co.uk/area-9-...

The investigation into Area 9 was concluded. When? You said it wasn’t and that's why you kept the info from me. Now you say it’s over but still don’t send me the info’.

I’ve not asked for anything else.

I want to know what was wrong with Area 9 and what’s being done about it.

Yours sincerely,

Jacob Smith

Mr P Swift left an annotation ()

Have you been sent any other information privately, details of the costs etc?
If you need something specific, email or post here and I will annotate as appropriate but you may find what you need on the time-line here:
http://www.englandhighways.co.uk/area-9-...
regards

Dear Harrison, James,

So the investigation of 9 is done. Send me everything.
You've told me you have nothing , then you say its over. So theirs something.

Yours sincerely,

Jacob Smith

Dear Harrison, James,

Send me the investigation of Area 6 and Area 8

Yours sincerely,

Jacob Smith

TPC HAIL, Highways England Company Limited

Dear Mr Smith

 

I am writing regarding your request for information received on 2 May.  In
that request, you asked us for the investigation into Area 6 and Area 8. 
I will be unable to proceed with your request without clarification of the
information you wish to receive. In your initial FOI request (our
reference CRS 769,534 you sought information on the investigation into
Area 9.  Is your latest request seeking further information on Area 9 or
is it specifically for Area 6 and 8.

 

Please note that if I do not receive appropriate clarification of your
information requirements within three months from the date of this letter,
then I will consider your request closed.

 

Please remember to quote reference number CRS 770,358 in any future
communications.

 

Thanks

 

TPC HAIL

 

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 |
[1]https://www.gov.uk/government/organisati... |
[2][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
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2. 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 'Costing of Kier’s Claims in Area 9'.

What needs explaining? I said

So the investigation of 9 is done. Send me everything.
You've told me you have nothing , then you say its over. So theirs something.

You've sent nothing so I need this reviewed. You can't say its over but you've got nothing. Don't make sense.

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

I'll do another request for the other one.

Yours faithfully,

Jacob Smith

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.

 

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:
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Please be advised that emails may be monitored for training and quality
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To help us improve our service please click [4]here to complete a short
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Kind regards

 

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This email may contain information which is confidential and is intended
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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

Dear Mr Smith,

The e-mail you have referenced below was sent on the 20 April 2019. I understand you are now seeking an internal review. Please note that the deadline for response to this request is 22 May 2019. The statutory deadline for providing a response under the Freedom of Information Act 2000 has yet to expire. Given Highways England is currently within the statutory timescales for providing a response an internal review is not yet appropriate.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://highwaysengland.co.uk

show quoted sections

Dear FOI Advice,

I've asked November 2018 and you've sent me nonsense. You've done an investigation but say you have nothing . Explain.

Yours sincerely,

Jacob Smith

Mr P Swift left an annotation ()

The following may assist you to understand the continuity of events and what you can expect to be provided.

The latest ‘investigation’ / audit was to be handled by KPMG who appear to have used the project name ‘Verde’ for this.

The investigation of Kier should have commenced following a report submitted to Highway England 10/2015. This principally dealt with Kier’s 1153 process. This was provided to the Authority’s General Counsel. This resulted in an audit that had ‘gaps’ and misrepresentation about the rates Kier were charging Highway England.

Investigation should have recommenced in early 2017, following our discovery of Appendix A to Annex 23; a document setting out how Third Parties (drivers, fleets, hauliers & insurers) were to be charged ‘no more than’. This document had been kept secret form Third Parties; not placed on line (whereas contacts and annexes had been) and was not mentioned by the Public Authority or Kier.

It appears our repeated demands that claims to Third Parties to be priced in accordance with Appendix A, made to the Authority’s Chairman, caused a meeting to occur.

21/06/2017 we met the soon to be head of Green Claims for Highways England and spent about 3 hours conveying our concerns, setting out the issues, referring to documents in support of our allegations and providing some.

Such was the substance to what we provided, we received a call the following day. The Authority was thinking about appointing the Highways England counter fraud team to do a full investigation. It was explained they will probably need a bit of our time in order to get all the evidence that we had.

We commenced uploading information to a password protected location for the auditor, which was to be Grant Thornton. However, we were advised there was a ‘blip’ with Grant Thornton, and if it was not Grant Thornton it was going to be KPMG. It took almost 5 moths for the matter to progress

26/10/2017 an FoIA request reported ‘no information held’ about the investigation.

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

15/11/2017. We spoke with KPMG for almost an hour. We explained the concerns as known to us at that time. The actions of the parties involved can be fully evidenced and disclosure will not interfere with any investigation but likely bring the extent of the issues to the fore, the information imparted is appearing online here:

http://www.englandhighways.co.uk/15-11-2...

The subsequent ‘investigation’ appeared not to progress with assurances the ‘summary report’ would be available in the New Year. There was reference to the ‘draft audit report’ but nothing produced, discussed. The report was due to be ready before the New Year. In 01/2018 Highways England ‘ just need to get the report next week and then do what they need to do’. But still nothing materialised.

18/01/2018 , Highways England should be getting the initial draft of the KPMG report at some point next week.

02/2018 we were informed Highways England “had a draft audit report that went to our audit committee last Wednesday, and they have asked for some further work to be undertaken”. So there was a report! It was to be attended to over the next few weeks.

The issue of Kier charging uplifts on AIW’s, their ‘core hours’ was also to be addressed by the audit.

By 03/2019, we were the subject of ‘attack’ and it appeared the audit / ‘investigation’ was now being overseen by the Authority’s General Counsel though this was likely the case from the outset with their fraud manager also in the background, the head of Green Claims the ‘front man’. The matter was also know to Highways England’s Chairman and CEO.

09/2018 Highways England’s CEO advised the enquiry was complete, contractor had been advised ‘do not overclaim’ (I simplify).

Later in 2018, an FoIA response I have seen advised the enquiry was NOT complete.

19/02/2019 an FoIA request reported ‘no information held’ about the investigation.

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

08/04/2019 an FoIA response indicates that information is held. But whilst an explanation is given, there is no release of the information.

I would suggest you need to see all reports to and from KPMG and likely their invoices for same.

You may also wish to ascertain why they were appointed. KPMG have come in for criticism in respect to Carillion and I questioned their independence.

You may also wish to review what is written at 12/02/2018 on the ‘Rates Exist’ time line:

http://www.englandhighways.co.uk/defined...

Dear FOI Advice,

Is this true? Send me everything and explain why you said you had nothing.

Mr P Swift left an annotation (16 May 2019)
The following may assist you to understand the continuity of events and what you can expect to be provided.

The latest ‘investigation’ / audit was to be handled by KPMG who appear to have used the project name ‘Verde’ for this.

The investigation of Kier should have commenced following a report submitted to Highway England 10/2015. This principally dealt with Kier’s 1153 process. This was provided to the Authority’s General Counsel. This resulted in an audit that had ‘gaps’ and misrepresentation about the rates Kier were charging Highway England.

Investigation should have recommenced in early 2017, following our discovery of Appendix A to Annex 23; a document setting out how Third Parties (drivers, fleets, hauliers & insurers) were to be charged ‘no more than’. This document had been kept secret form Third Parties; not placed on line (whereas contacts and annexes had been) and was not mentioned by the Public Authority or Kier.

It appears our repeated demands that claims to Third Parties to be priced in accordance with Appendix A, made to the Authority’s Chairman, caused a meeting to occur.

21/06/2017 we met the soon to be head of Green Claims for Highways England and spent about 3 hours conveying our concerns, setting out the issues, referring to documents in support of our allegations and providing some.

Such was the substance to what we provided, we received a call the following day. The Authority was thinking about appointing the Highways England counter fraud team to do a full investigation. It was explained they will probably need a bit of our time in order to get all the evidence that we had.

We commenced uploading information to a password protected location for the auditor, which was to be Grant Thornton. However, we were advised there was a ‘blip’ with Grant Thornton, and if it was not Grant Thornton it was going to be KPMG. It took almost 5 moths for the matter to progress

26/10/2017 an FoIA request reported ‘no information held’ about the investigation.

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

15/11/2017. We spoke with KPMG for almost an hour. We explained the concerns as known to us at that time. The actions of the parties involved can be fully evidenced and disclosure will not interfere with any investigation but likely bring the extent of the issues to the fore, the information imparted is appearing online here:

http://www.englandhighways.co.uk/15-11-2...

The subsequent ‘investigation’ appeared not to progress with assurances the ‘summary report’ would be available in the New Year. There was reference to the ‘draft audit report’ but nothing produced, discussed. The report was due to be ready before the New Year. In 01/2018 Highways England ‘ just need to get the report next week and then do what they need to do’. But still nothing materialised.

18/01/2018 , Highways England should be getting the initial draft of the KPMG report at some point next week.

02/2018 we were informed Highways England “had a draft audit report that went to our audit committee last Wednesday, and they have asked for some further work to be undertaken”. So there was a report! It was to be attended to over the next few weeks.

The issue of Kier charging uplifts on AIW’s, their ‘core hours’ was also to be addressed by the audit.

By 03/2019, we were the subject of ‘attack’ and it appeared the audit / ‘investigation’ was now being overseen by the Authority’s General Counsel though this was likely the case from the outset with their fraud manager also in the background, the head of Green Claims the ‘front man’. The matter was also know to Highways England’s Chairman and CEO.

09/2018 Highways England’s CEO advised the enquiry was complete, contractor had been advised ‘do not overclaim’ (I simplify).

Later in 2018, an FoIA response I have seen advised the enquiry was NOT complete.

19/02/2019 an FoIA request reported ‘no information held’ about the investigation.

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

08/04/2019 an FoIA response indicates that information is held. But whilst an explanation is given, there is no release of the information.

I would suggest you need to see all reports to and from KPMG and likely their invoices for same.

You may also wish to ascertain why they were appointed. KPMG have come in for criticism in respect to Carillion and I questioned their independence.

You may also wish to review what is written at 12/02/2018 on the ‘Rates Exist’ time line:

http://www.englandhighways.co.uk/defined...

Yours sincerely,

Jacob Smith

Mr P Swift left an annotation ()

The situation with regard to the Authority's contracts is as follows:
Highways England have two main maintenance contract models in use:
1. the original Asset Support Contract (ASC), which is in the process of being phased out and replaced with
2. the Asset Delivery model (AD).
In the former contract model, a schedule of rates is included.
This should be used as the basis for the calculation of costs for claims above and below the £10,000 threshold. As we have long explained, these 'base rates', DCP Rates or 'defied costs' are to be common to all claims in ASC Areas. But they are not.
Below threshold claims are presented to drivers, fleets, hauliers and insurers but they are compiled using a much higher set of rates. In Area 9, Kier Highways have not complied with the contract since day-one, 07/2014 as a cost of £millions to those unfortunate to receive one of their state-supported demands.
More here:
http://www.englandhighways.co.uk/dcp-rat...

FOI Advice, Highways England Company Limited

Dear Mr Smith,

 

I am writing to advise you that the time-limit for responding to your
request for information which we received on 29^th March 2019 needs to be
extended.

 

In the case of your request, I must extend the time limit by approximately
20 working days because the information requested must be considered under
one of the exemptions to which the public interest test applies. This
extra time is needed in order to make a determination as to the public
interest.

 

The specific exemptions which apply in relation to your request are [1]41
Information provided in confidence and [2]43 Commercial interest and we
consider these to apply because the nature of  the information the report
holds.

 

I hope to let you have a response by 21^st June 2019.

 

If you have any queries about this letter, please contact me. Please
remember to quote reference number 769,994 in any future communications.

 

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:
[3]https://www.gov.uk/government/organisati...
 

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [4][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

 

 

Yours sincerely

 

 

Freedom of Information Team
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Web: [5]http://www.highways.gov.uk

 

 

 

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|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[6]https://www.gov.uk/government/organisati... |
[7][Highways England request email]

 

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Dear FOI Advice,

You got to be kidding. You now want more time to look at something you said did not exist
You've told me you have nothing , then you say its over. So theirs something. Now you have something but dont want to give it to me. Explain.

Jacob Smith

Mr P Swift left an annotation ()

From Highways England:
'Sarah (Green - formerly of HE) took his allegations seriously, even travelling to meet him at his office. For the following three months she pursued the contractor for an answer, who refused to respond.'
Highway England's own contractor, Kier Highways, refused to respond to them when approached in respect of the investigation.

Mr P Swift left an annotation ()

A draft report was submitted to Highways England.
12/02/2018
Highways England state:
'So we had a draft audit report that went to our audit committee last Wednesday, and they have asked for some further work to be undertaken.
The audit highlighted a few things.
So, the audit, as we stand here today, is therefore not complete.
that work will take place now over the next few weeks.
I’m not going to obviously be able to sit down and discuss anything with you because it's not completed yet.'
The final response to the report we received 09/2018. Despite assuarnces, the content was never discussed with us and the year-long process a waste of our time.

Dear FOI Advice,

Wher's the information?

Yours sincerely,

Jacob Smith

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 'Costing of Kier’s Claims in Area 9'.

NO INFORMATION

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,

Jacob Smith

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.

 

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

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
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|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
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FOI Advice, Highways England Company Limited

Dear Mr Smith,

Thank you for your e-mail.

There are multiple requests on this thread can you please indicate which request it is that you would like reviewing.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://highwaysengland.co.uk

show quoted sections

Dear FOI Advice,

Everything about the investigation.

Yours sincerely,

Jacob Smith

Dear FOI Advice,
There's a annotation (11 December 2018) so there's more
KPMG information
Grant Thornton information
Costs of the investigation
audit in 01/2016
Yours sincerely,
Jacob Smith

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 'Costing of Kier’s Claims in Area 9'.

Everything about the investigation hasn't been given.

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,

Jacob Smith

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.

 

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

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
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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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Dear Highways England Company Limited,

Where's my review?

Yours faithfully,

Jacob Smith

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.

 

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

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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. https://assets.publishing.service.gov.uk...
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]

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