Kier Damage to property Repair Rate Confirmation

Mr P Swift made this Freedom of Information request to Birmingham City Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Response to this request is long overdue. By law, under all circumstances, Birmingham City Council should have responded by now (details). You can complain by requesting an internal review.

Dear Birmingham City Council,

I refer you to the responses at https://www.whatdotheyknow.com/request/k...

It appears Kier Highways are not complying with the contract but charging those unfortunate enough to hit Council property using a different, higher schedule of rates than those agreed. Contrary to your account, Kier are using CECA rates which appears to contradict your 'not profiting from claims' response. There is a lack of the transparency you convey.

The situation is simple; either Kier are complying with the account you have supplied and utilising agreed rates or they are not. The rates Kier are using (KSoR) can be found here http://www.englandhighways.co.uk/dcp-cla...

1. If, as you state Kier are using agreed rates, it follows they should be those at the above link. In turn, the rates being in the public domain, there is no commercial sensitivity attached and they should be released.

2. In the alternative, it appears Kier are acting contrary to the contract, using contract non-compliant rates (again) and the Council are withholding information to assit this conduct.

I ask to be provided the following:

A. Is the schedule of rates at http://www.englandhighways.co.uk/dcp-cla..., that agreed with Kier to be used when billing Third Parties following damage to Council property?

B. Is the above schedule of rates at http://www.englandhighways.co.uk/dcp-cla..., that agreed with Kier to be used when billing the Council following damage to Council property?

C. With regard to the request at https://www.whatdotheyknow.com/request/k... I ask to be provided all information/exchanges relating to this.

Yours faithfully,

Mr P Swift

Birmingham City Council

 
 
 
 
Information request
Our reference: 21653889
Your reference: [FOI #729206 email]

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Birmingham City Council

1 Attachment

 
 
 
 
Information request
Our reference: 21653889
Your reference: [FOI #729206 email]

show quoted sections

Dear Birmingham City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Birmingham City Council's handling of my FOI request 'Kier Damage to property Repair Rate Confirmation'.

I asked:
A. Is the schedule of rates at http://www.englandhighways.co.uk/dcpclai..., that agreed with Kier to be used when billing THIRD PARTIES following damage to Council property?

You have avoided the question responding:

'All rates associated with the BHISC between Kier and BHL and those between BCC and BHL remain commercially sensitive under section 43 of the Freedom of Information Act (FOIA).'

This was not what was asked, please provide the information requested.

I also asked

B. Is the above schedule of rates at http://www.englandhighways.co.uk/dcp-cla..., that agreed with Kier to be used when billing the COUNCIL following damage to Council property?

You have replied to this.

You are selective in your responses.

You have stated: No – the BHISC is not subject to any Kier Highways England schedule of rates

C. With regard to the request at https://www.whatdotheyknow.com/request/k...
I asked to be provided with all information/exchanges relating to this.

I expect to be provided with all exchanges between you and your contractor following my approach for rate-related information.

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

Yours faithfully,

Mr P Swift

Birmingham City Council

 
 
 
 
Information request
Our reference: 21653889
Your reference: [FOI #729206 email]

show quoted sections

Birmingham City Council

 
 
 
 
Information request
Our reference: 21653889
Your reference: [FOI #729206 email]

show quoted sections

Dear Birmingham City Council,

You are missing the point.

If Kier is utilising CECA/KSoR rates, as they are, not only are they acting contrary to your stated arrangement, these rates are not commercially sensitive as they are publicly available and could be disclosed.

If CECA/KSoR rates were submitted at tender (and the utilised rates were said to be those tendered), again, they could and should be disclosed.

It appears Kier submitted one set of rates at tender but are now utilising another; that the rates you are withholding, provided at tender for damage repairs are NOT CECA/KSoR rates ergo, your previous response is not correct or Kier are not complying with the contract.

As you have unequivocally stated Kier are not using CECA rates, but they are, clearly something is amiss.

The above requires clarification, transparency if only to remove any suspicion of impropriety that may arise from the contradictions. I await this.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

to IOCO 15/04/2021

Birmingham City Council

Dear Mr Swift
 
Further to your email below regarding our response to your request for an
internal review, if you are not happy with our response please contact the
ICO whose details you will find in our response.
 
Yours sincerely
Corporate Information Governance Team

--------------------------------------------------------------------------

Dear Birmingham City Council,

You are missing the point.

If Kier is utilising CECA/KSoR rates, as they are, not only are they
acting contrary to your stated arrangement, these rates are not
commercially sensitive as they are publicly available and could be
disclosed.

If CECA/KSoR rates were submitted at tender (and the utilised rates were
said to be those tendered), again, they could and should be disclosed.

It appears Kier submitted one set of rates at tender but are now utilising
another; that the rates you are withholding, provided at tender for damage
repairs are NOT CECA/KSoR rates ergo, your previous response is not
correct or Kier are not complying with the contract.

As you have unequivocally stated Kier are not using CECA rates, but they
are, clearly something is amiss.

The above requires clarification, transparency if only to remove any
suspicion of impropriety that may arise from the contradictions. I await
this.

Yours sincerely,

Mr P Swift

show quoted sections

Dear Birmingham City Council,

I am seeking clarification, this therefore constitutes a new request. Indeed, if you reviewed this original request history, you will note that has bene placed with the ICO.

I am seeking an internal review of yesterdays' request.

Yours sincerely,

Mr P Swift

Birmingham City Council

Dear Mr Swift
 
Further to your email regarding:
 

If Kier is utilising CECA/KSoR rates, as they are, not only are they
acting contrary to your stated arrangement, these rates are not
commercially sensitive as they are publicly available and could be
disclosed.

If CECA/KSoR rates were submitted at tender (and the utilised rates were
said to be those tendered), again, they could and should be disclosed.

It appears Kier submitted one set of rates at tender but are now utilising
another; that the rates you are withholding, provided at tender for damage
repairs are NOT CECA/KSoR rates ergo, your previous response is not
correct or Kier are not complying with the contract.

As you have unequivocally stated Kier are not using CECA rates, but they
are, clearly something is amiss.

The above requires clarification, transparency if only to remove any
suspicion of impropriety that may arise from the contradictions. I await
this.

We have logged this as a new FOI request and the service area will respond
within the statutory timescales.

Yours sincerely

Corporate Information Governance Team

 

 

BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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Dear Birmingham City Council,

I am seeking an internal review.

I have received contradictory responses to requests.

You refused to address my reasonable request of yesterday and ignored that, as clearly identified, the original matter is with the ICO.

It is apparent all is not as conveyed by your Council, that I am to be obstructed and my requests frustrated.

Yours sincerely,

Mr P Swift

Birmingham City Council

 
 
 
 
Information request
Our reference: 23307281

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Mr P Swift left an annotation ()

ICO Reference: IC-100855-S8J9
Freedom of Information Act 2000 (FOIA)
Information request to Birmingham City Council
Their reference(s): 21653889 / FOI #729206 email

Dear Birmingham City Council,

14/05/2021 you wrote:

'We are currently reviewing our responses to you and will write to you again within the next 7 days'

I have waited patiently but an without a response. It is evident the request and concerns are being ignored.

Yours sincerely,

Mr P Swift

Birmingham City Council

Dear Mr Swift
 
Thank you for your email.
 
Please accept my apologies for the delay in providing you with a full
response.
 
Please be assured that your requests for information are not being
ignored, we are reviewing your requests and every endeavour is being made
to respond to you as quickly as possible.  We now aim to respond to you on
or before 3 June 2021. 
 
I apologise again for the delay and thank you for your patience.
 
Kind regards
 
Yours sincerely
 
 
Jenny Bent
Business Support Coordinator
 
 

--------------------------------------------------------------------------

Dear Birmingham City Council,

14/05/2021 you wrote:

'We are currently reviewing our responses to you and will write to you
again within the next 7 days'

I have waited patiently but an without a response. It is evident the
request and concerns are being ignored.

Yours sincerely,

Mr P Swift

show quoted sections

Mr P Swift left an annotation ()

28/05/2021 - 23307281 to ICO

Mr P Swift left an annotation ()

17/05/2021
ICO - IC-100855-S8J9
Freedom of Information Act 2000 (FOIA)
Your information request to Birmingham City Council
Their reference(s): 21653889 / FOI #729206 email

Birmingham City Council

Dear Mr Swift
 
Further to my email of 27/05/2021 in which I notified you of a review of
your requests for information, you should now have received a full and
comprehensive reply from Birmingham City Council relating to your freedom
of information requests, which includes a response to Information Request
23307281.  Please let me know if you have not received the response.
 
​Please quote the reference number 23307281in any future communications​.

If you are dissatisfied with the handling of 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 to your original letter and should be addressed to:

Corporate Information Governance Team

PO Box 16366

Birmingham

B2 2YY

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

I will now close your request as of this date.

Yours sincerely

‎Jenny Bent‏
‎Business Support Coordinator‏

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/foiextract20210603-12887-1s3var4#
2. file:///tmp/foiextract20210603-12887-1s3var4#

Dear Birmingham City Council,

Kindly respond to the request in this thread.

I do not posses a response that addresses this matter

I sought an internal review. I have received contradictory responses to requests.

You have not confirmed whether you hold the information I have sought, you have not cited an exemption.

Yours sincerely,

Mr P Swift

Dear Birmingham City Council,

I remind you I am seeking an IR compliant with the FoIA setting out your decision, the supply of information and/or any exemption upon which you are relying.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

to ICO 13:59 15/06/2021