Information on previous tachograph legal proceedings from 2020 tender evaluation which awarded school transport contract to Snaith's
Dear Northumberland County Council,
We use NCC-provided school transport. Previously, this service was provided by Snaith's of Otterburn. My understanding is that NCC took the contract away from Snaith's because of legal proceedings relating to the falsification of mileage and the illegal manipulation of tachographs.
My understanding of the case is that, while the charge of conspiracy to falsify tachograph records was not proven, none the less, several Snaith's drivers were found guilty of tachograph offences, and Alison Snaith herself was sentenced to a custodial sentence, suspended.
NCC replaced Snaith's for our school transport with Milburn's, who have taken care of us ever since. Milburn's have been exemplary in the service they have provided, their school buses being clean and in excellent condition. In addition, they have always responded well to enquiries. This is in stark contrast to Snaith's, who had dreadful customer service, and whose vehicles were run down.
We received a letter today informing us the our school transport will now again be provided by Snaith's. I am writing to express the strongest concerns that our son's safety is being put at risk by this new decision by NCC to award our school transport contract to a company found guilty of safety offences.
Please can you provide me with the justification for awarding this contract to Snaith's despite this safety crime, used during the evaluation of tenders which led to this 2020 award? To clarify, this request, under the Freedom of Information Act, is for information relating purely to the tachograph issue in relation to Snaith's, and for no other information from the tender evaluation. I therefore expect that NCC will not claim an FoI exemption on the grounds of commercial confidence or protection of the ability of NCC to carry out its operations.
Many thanks
Tom Chadwin
Our Ref: 8014
Dear Enquirer,
INFORMATION REQUEST
Thank you for your request for information which will be dealt with under
the terms of the Freedom of Information Act 2000 / Environmental
Information Regulations 2004.
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Kind regards
Information Governance Office
Northumberland County Council
County Hall
Morpeth
Northumberland
NE61 2EF
Tel: 0345 600 6400
Email: [Northumberland County Council request email]
Web: http://www.northumberland.gov.uk
Dear Northumberland County Council
I would be grateful if you could give me an update on my Freedom of Information request. The statutory deadline for your response has now passed, and our children are being transported by the company whose safety record this enquiry is intended to investigate.
Yours faithfully
Tom Chadwin
Dear Mr Chadwin,
We have forwarded your email to the area dealing with your response, they
will contact you directly.
kind regards
Julia
Information Governance Office
(t) 0345 600 6400
(e) [email address]
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From: Tom Chadwin <[FOI #683907 email]>
Sent: 10 September 2020 09:31
To: FOI Mailbox <[email address]>
Subject: Re: FOI/EIR Acknowledgement
Dear Northumberland County Council
I would be grateful if you could give me an update on my Freedom of
Information request. The statutory deadline for your response has now
passed, and our children are being transported by the company whose safety
record this enquiry is intended to investigate.
Yours faithfully
Tom Chadwin
Our Ref: 8014
Dear Enquirer,
Request for Information
I refer to your request for information in relation to school transport.
The Council have considered your request for information under the terms
of the Environmental Information Regulations 2004. In our view the request
falls within the scope of the broad definition of environmental
information contained within Regulation 2(1) of the Regulations.
Right of Access
The Environmental Information Regulations 2004 provide that a public
authority that holds environmental information shall make it available on
request. The Regulations create a general right of access to environmental
information held by public authorities subject to various exceptions. A
public authority may refuse to disclose environmental information if an
exception to disclosure applies and the public authority decides that in
all the circumstances the public interest in maintaining the exception
outweighs the public interest in disclosing the information.
The Council has carefully considered whether the information requested can
be disclosed under the Regulations.
Snaiths were accepted back onto the Council's Transport DPS (‘Dynamic
Purchasing System’ - meaning the broad framework of ‘approved suppliers’
that we invite to tender for service delivery) in May 2018, after
demonstrating to the Council's satisfaction that they had addressed the
issues you have referred to in your FOI, which we note date back further
to 2015. Northumberland County Council has had no cause for concern
regarding their safety record since their successfully re-joining the DPS.
The recent decision to award the schools transport contract to Snaiths
followed a procurement exercise to which they submitted the most
advantageous pricing structure, which is the basis upon which NCC awards
all school transport contracts. Such procurement exercises are predicated
on all prospective tenderers agreeing to operate in accordance with NCC’s
revised terms and conditions (which specifically include that all
operators must act at all times in compliance with the law) which all
potential suppliers have already signed up to beforehand. This being an
essential prerequisite for qualification as an ‘approved supplier’ to the
Council on the DPS.
There were no specific references to tachographs in the Invitation to
Tender document, although as stated, the conditions of contract are very
clear that all operators must act wholly within the law.
Advice and Assistance
The Council recognises its statutory duty to provide advice and assistance
under Regulation 9 of the Regulations. Subject to the provision of the
Regulations, the Council is seeking to be transparent and open in its
response.
Representations and Reconsideration
If you consider that the Council has failed to comply with a requirement
of the Regulations in relation to your request, you have a right to make
representations under Regulation 11. Representations must be made in
writing to the Council no later than 40 working days after the date on
which you believe that the Council failed to comply with a requirement of
the Regulations.
Any representation should be addressed to:
Information Governance Office
Northumberland County Council
County Hall
Morpeth
NE61 2EF
Email: [Northumberland County Council request email]
Enforcement and Appeal Provisions
Should you remain dissatisfied following the above process, you have a
right under the Regulations to apply to the Information Commissioner for a
decision as to whether your request has been dealt with in accordance with
the requirements of the Regulations. The Information Commissioners address
is:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone no. 0303 123 1113
Email: [email address]
Yours faithfully
EIR Coordinator - Information Governance Office
Northumberland County Council
County Hall
Morpeth
NE61 2EF
Email: [Northumberland County Council request email]
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