Dear Highways England Company Limited,
I have received a pm saying you hold information as part of the contractual relationship. what information do you hold and why was I told you don't.
FOI Advice, Highways England Company Limited 5 January 2016
Dear Kim White
I am writing in reference to your request of the 8th December.
I have examined whether or not information relating to contractors and green claims is held by Highways England. As the basis for this review I have used ICO guidance: https://ico.org.uk/media/for-organisatio...
This guidance states the following:
“Information is held by a public authority if it holds it to any extent for its own purposes. Information is also held by a public authority, in terms of FOIA, if the contractor or another party holds it on behalf of the authority. The contract is the main source to use to decide this.”
The key questions are as follows:
1) Is the information held as part of a contractual relationship? Our contracts define that sub-threshold claims are the sole responsibility of the contractors.
2) Does the public authority have any access to, or use for the information? As above, our contract states this information is the sole responsibility of the contractor.
3) Does the public authority control access or provide any direct assistance at its own discretion in creating, recording, filing or removing the information? Highways England does not assist in this aspect of records management.
In consideration of the above, I must consider that the information is not held by Highways England. Our contractors do not need to ask the permission of the Secretary of State prior to launching legal action.
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
If you have any queries about this letter, please contact me. Please remember to quote reference number 732,086 in any future communications.
Chris Barnes, Freedom of Information Officer
Highways England | Lateral | 8 City Walk | Leeds |
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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 |
[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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