Dear Highways England Company Limited,

With regard to incidents or repairs requiring temporary VRS (for example, parapet damage) and the associated chapter 8 monitoring of same, the information I am seeking is:

1. Your policy and / or arrangements / agreements with contractors for the monitoring of ongoing works and costs; the obligations upon your contractor and yourselves. This will include but not be restricted to:

a. The requirement of your contractor to keep you advised of the temp’ VRS placement and ongoing costs for:
i. Varioguard
ii. Monitoring
iii. administration
b. The mitigation of temp’ VRS utilisation and continuance
c. Whether there is a threshold or thresholds above which you must be notified or costs are limited
d. The requirements to monitor Varioguard

2. The number of claims since 01/01/2016 involving Varioguard
3. The amount paid for Varioguard by Area per annum since 01/10/2016

I understand contractors are required to submit costs in electronic format for each claim. However, if the cost of responding to ‘2’ or ‘3’ would exceed the limit, please explain why and progress the remainder of the request

Yours faithfully,

Mr P Swift

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
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[2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
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If you’ve made a request under the Freedom of Information Act we will
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[6][Highways England request email]

 

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6. mailto:[Highways England request email]

Ops Dst, Highways England Company Limited

Dear Mr Swift

 

I am writing regarding your request for information, received on 13 March
2020.  In that request, you asked us for information relating to incidents
or repairs requiring temporary VRS.

 

We have estimated that the cost of compiling your request will exceed
£450. Section 12 of the Act does not oblige us to comply with requests if
they exceed this limit.

 

If the request was reduced to just one region, (i.e. North West, Yorkshire
North East, Midlands, East, South East or South West), we may be able to
provide you with the requested information.

 

In addition, could I ask you to clarify the following statements:

o “The number of claims since 01/01/2016 involving Varioguard” – could
you clarify if this relates to where we’ve had to install Varioguard,
or where someone has struck it?
o “The mitigation of temp’ VRS utilisation and continuance” – could you
clarify exactly what is required please.

 

Please note that if we cannot agree a revised request by 23 April 2020, I
will have to refuse your request in reliance on the section 12 exemption.

 

If you wish to discuss any of the above, please contact me. Please
remember to quote reference number FOI 100982 in any future
communications.

 

Kind regards

 

National Correspondence Team Manager

Operations
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: [1]http://www.highwaysengland.co.uk

 

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

Dear Highways England Company Limited,

With regard to incidents or repairs requiring temporary VRS (for example,
parapet damage) and the associated chapter 8 monitoring of same, the
information I am seeking is:
1.      Your policy and / or arrangements / agreements with contractors
for the monitoring of ongoing works and costs; the obligations upon your
contractor and yourselves.  This will include but not be restricted to:
a.      The requirement of your contractor to keep you advised of the
temp’ VRS placement and ongoing costs for:
i.      Varioguard
ii.     Monitoring
iii.    administration
b.      The mitigation of temp’ VRS utilisation and continuance
c.      Whether there is a threshold or thresholds above which you must be
notified or costs are limited
d.      The requirements to monitor Varioguard

2.      The number of claims since 01/01/2016 involving Varioguard

3.      The amount paid for Varioguard by Area per annum since 01/10/2016

I understand contractors are required to submit costs in electronic format
for each claim.  However, if the cost of responding to ‘2’ or ‘3’ would
exceed the limit, please explain why and progress the remainder of the
request

Yours faithfully,

Mr P Swift

show quoted sections

Dear Ops Dst,

Area 10 and if time permits, also Area 9

where Varioguard has bee installed.
this will include current installations

“The mitigation of temp’ VRS utilisation and continuance”; the monitoring of the cost which is ongoing from installation, a charge accumulating on a per meter / day basis. What is the agreed:

a. criteria for installation
b. requirement to monitor/maintain
c. SLA for repair - to minimise costs
d. reporting procedure to Highways England about ongoing/accumulation costs i.e. the need to justify, mitigate
e. the process for establishing necessity/requirement pre-payment of invoice

In brief, all information relating to ensuring and verifying the mitigation of the charges.

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

Thank you for your request for information about Monitoring Ongoing
Charges For Temp’ VRS dated 15 April 2020. We are dealing with it under
the terms of the Freedom of Information Act 2000.

 

The due date for issuing a response is 12 May 2020.

 

If you have any queries about this email, please contact us. Please
remember to quote reference number 100982 in any future communications.

 

Kind regards

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: [1]http://www.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,
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 |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
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3. mailto:[Highways England request email]

Dear OPS DMT (NW),

Thank you

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

We are writing regarding your request for information, received on 13
March 2020 and clarified on 10 April 2020. In that request, you asked us
for information relating to incidents or repairs requiring temporary VRS
in Area 10.

 

We have estimated that the cost of compiling your request will exceed
£450. Section 12 of the Act does not oblige us to comply with requests if
they exceed this limit.

 

The information regarding the number of claims where varioguard has had to
be installed because of an incident and the amount paid for varioguard per
annum between 01/01/2016  and 31/03/2019  is not held by Highways England.
The information is held by our previous service provider, Balfour Beatty
Mott MacDonald, and the charges to acquire the information from them take
the cost over the appropriate limit. However we can provide the details
from 01/04/2019. Please confirm if you are happy to receive the
information from 01/04/2019.

 

Please note that if we cannot agree a revised request by 22 May 2020 we
will have to refuse your request in reliance on the section 12 exemption.
Please accept our apologies for coming back to you on the due date of the
response for this but as I am sure you can understand, due to the current
situation our processes are taking longer than normal.

 

If you wish to discuss any of the above, please contact us. Please
remember to quote reference number 100982 in any future communications.

 

Yours sincerely

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://www.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,
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 |
[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]

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 'Monitoring Ongoing Charges For Temp’ VRS'.

Your conduct appears to amount to obstruction and prevarication. You have already sought a review of my request and received same. You acknowledged receipt of my response and were to provide the information by close of business today.

You have waited until the 11th hour to seek a review of my request again, repeating the cost exemption.

I believe your conduct to be vexatious. You have failed to provide the information within the time prescribed by law. Accordingly, I will place this aspect with the ICO.

In the meantime, I restrict my request to

1. Your policy and / or arrangements / agreements with contractors
for the monitoring of ongoing works and costs; the obligations upon your
contractor and yourselves. This will include but not be restricted to:
a. The requirement of your contractor to keep you advised of the
temp’ VRS placement and ongoing costs for:
i. Varioguard
ii. Monitoring
iii. administration
b. The mitigation of temp’ VRS utilisation and continuance
c. Whether there is a threshold or thresholds above which you must be
notified or costs are limited
d. The requirements to monitor Varioguard

Yours faithfully,

Mr P Swift

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.

For more information on how we use your data please check our privacy
notice at: [3]https://www.highwaysengland.co.uk/privacy

 

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

 

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

 

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]

Mr P Swift left an annotation ()

to ICO 12/05/2020

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

We are writing to inform you that your request of the 13 March 2020, which
was clarified on 10 April 2020 is being refused.

 

The information you requested is being withheld in reliance on the
exemption(s) in section 12 
 [1]http://www.legislation.gov.uk/ukpga/2000...  of the Freedom
of Information Act 2000 because we have estimated that the cost of
compiling your request will exceed £450.

 

Following our request for you to further reduce the scope of request on 12
May you responded indicating that you were not willing to reduce the scope
of your request and you requested an internal review of the way your
request has been handled. We can advise that the internal review is now
underway and we aim to respond to you by 10 June 2020.

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [2][Highways England request email]. You should contact us 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 email, please contact us. Please
remember to quote reference number 100982 in any future communications.

 

Yours sincerely

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

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

Dear OPS DMT (NW),

Whilst I thank you for your message please re-read mine. I have not indicated that I was unwilling to reduce the scope, the opposite is the case. I have clearly, unequivocally written ‘I restrict my request to’:

1. Your policy and/or arrangements/agreements with contractors
for the monitoring of ongoing works and costs; the obligations upon your
contractor and yourselves. This will include but not be restricted to:
a. The requirement of your contractor to keep you advised of the
temp’ VRS placement and ongoing costs for:
i. Varioguard
ii. Monitoring
iii. administration
b. The mitigation of temp’ VRS utilisation and continuance
c. Whether there is a threshold or thresholds above which you must be
notified or costs are limited
d. The requirements to monitor Varioguard
Kindly provide your IR in this thread, the ‘restricted’ request now appears here:

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

Yours

Mr P Swift

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Swift,

 

Please find attached the internal review ref. IR 100982

 

Kind Regards

 

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
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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3. mailto:[Highways England request email]

Mr P Swift left an annotation ()

1206/2020
On the 12 May, Highways England issued a response further response under Section 12 as the cost associated with complying with the request exceeded the appropriate limit. An explanation of why the request exceeded the limit and advice on how the scope could be reduced to an appropriate cost was also provided. It was also indicated why Highways England was only asking for a reduction in scope on the due date of the request.

Also on the 12 May you contacted Highways England asking for an internal review because Highways England was only on the last day using Section 12 for a further reduction in scope. Following this request for internal review a refusal notice under Section 12 was issued as it was seen that you did not wish to reduce the scope of the request.

I do acknowledge that it was missed that you did submit a reduced request in your e-mail for internal review, however asking for an internal review and submitting a reduced request at the same time is not the proper practice because ultimately it would end up with a request and a review running in parallel and lead to confusion.
Therefore, I am satisfied that this request was refused under Section 12 correctly and I do note that you re-submitted your reduced scope under a different WDTK thread after our refusal which has since been responded to under a new reference.

Having addressed that part, I now move on to the other part of your review where you indicated your dissatisfaction with why we had asked for the reduction in scope so late in the process. As I indicated above, the reasoning behind this was explained in the response where the pressures being put on public authorities by the Covid-19 pandemic meant that our processes are taking longer than normal and the same is true of BBMM who we had to contact to understand the cost of providing the information.

Delays in processes on both sides meant we were not able to apply Section 12 any earlier. I apologise for any frustration it may have caused but it is ultimately a factor of the current situation we all find ourselves in and that is beyond our control.
This pressure has been acknowledge by the ICO who have released guidance on how they will regulate during the pandemic which can be found at the following link https://ico.org.uk/about-the-ico/news-an...

In conclusion I have found no breach of the Freedom of Information Act occurred and that the request under 100982 was correctly refused under Section 12 following your request for review in order to keep the processes separate and avoid confusion further along.

Dear Mr Drysdale,

Thank you for your explanation.

You had refused the request. I appealed, sought an IR.

You waited until the 11th hour; bad practice according to the ICO. However, your late response is common with my requests and the impression received, intentionally intended to delay, frustrate. The 11th-hour issue added a further 20 days to the request.

You then compounded the problem by not reading my submission. I have come to expect this, or for your Authority to put their own spin on my requests, to engage in semantics.

I submitted an IR request in respect of this matter and made a new request, reduced. I fail to see any issue with this. Please explain and refer me to the relevant procedure under the Act or policy/guidance issued by the ICO.

You criticise me if I make what you describe as confusing requests, now you do so when I make the issues crystal clear.

You refer to contacting BBMM and their reply. Please provide all exchanges with the contractor about this matter.

Yours sincerely,

Mr P Swift

FOI Advice, Highways England Company Limited

3 Attachments

  • Attachment

    Highways England Response Information Request 100982.html

    6K Download

  • Attachment

    Internal review of Freedom of Information request Monitoring Ongoing Charges For Temp VRS.EML.txt

    6K Download View as HTML

  • Attachment

    Highways England Response Information Request 100982.html

    7K Download

Dear Mr Swift

Thank you for your e-mail of 12 June 2020.

Looking at your e-mail below you appear to under the impression that our e-mail on the 12 May was a refusal of your request, however it was merely seeking a reduction in scope of your request and indicating that if a reduction could not be agreed that your request would then be refused. It was to this e-mail that you requested the internal review, our actual refusal of the request was issued on the 13 May following your request for internal review, and for the basis explained in the internal review provided on 12 June 2020. The relevant correspondence is attached.

Regarding your point about being provided the guidance/policy regarding the relevant procedure about submitting request for an internal review and reduction in scope for the same request at the same time, there is no guidance held on this so we cannot provide anything but believe it is a reasonable and valid approach to the situation. However, to avoid further misunderstandings on this and follow an approach using the legislation in future, if a request for information whether new, reduction in scope or clarification is included within a request for internal review we consider the request for information to be eligible for refusal as vexatious under Section 14(1) of the Act. We trust this makes our position clear.

Regarding the final part of your e-mail requesting our exchanges with BBMM on the matter, this has been logged as a new request and the due date for issuing a response is 10 July 2020.

If you have any queries about this letter, please contact us. Please remember to quote reference number 101173 in any future communications.

Kind Regards
 
Highways England FOI Team 
Web: http://highwaysengland.co.uk

show quoted sections

Dear FOI Advice,
Thank you for your email.
I was responding to your concession, without the usual apology, that you:

'missed that I did submit a reduced request in my e-mail for internal review'

I note you do not possess a policy and thank you for confirming this. I note no FoI reference so assume this was dealt with in the usual course of business. It is unfortunate that you could not have adopted a similar approach at: https://www.whatdotheyknow.com/request/c...

You have not explained why my process fails, is unacceptable and no better i.e. why I am to be the subject of a dictatorial approach. Please do so.

Similarly, please can you explain why your (unwritten) process should give rise to writing as follows, the engagement of s14:

'However, to avoid further misunderstandings on this and follow an approach using the legislation in future, if a request for information whether new, reduction in scope or clarification is included within a request for internal review we consider the request for information to be eligible for refusal as vexatious under Section 14(1) of the Act. We trust this makes our position clear.'

I have used the FoIA facility here for some years and never engaged in this IR/redaction process before. Your writing (above) appears excessive, unnecessary and undermines the confidence that can be placed. Please explain.

Thank you for treating the additional approach as a new FoI request. I await the information.

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

I am writing to advise you that the time-limit for responding to your
request for information which we received on 12 June 2020 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 exemption which applies in relation to your request is
Section 43 of the Freedom of Information Act and we consider this to apply
because information could be exempt if its disclosure under this Act
would, or would be likely to, prejudice the commercial interests of any
person (an individual, a company, the public authority itself or any other
legal entity).

 

I hope to let you have a response by 30 July 2020.

 

If you have any queries about this email, please contact me. Please
remember to quote reference number 101173 in any future communications.

 

If you are unhappy with the way we have handled your request you may ask
for an internal review. Our internal review process is available at:
[1]https://www.gov.uk/government/organisati...

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [2][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

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

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

Dear OPS DMT (NW),

To which exemption or exemptions are you referring?

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

02/07/2020
Case Reference: IC-40243-C4W0
Your complaint has been accepted as eligible for further consideration and will be allocated to a case officer as soon as possible.

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

As advised in our email of 2 July the specific exemption which applies in relation to your request is Section 43 of the Freedom of Information Act - Commercial interests.

Kind regards

Divisional Management Team – Operations Directorate Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://www.highwaysengland.co.uk

show quoted sections

Dear OPS DMT (NW),

I await your response on or before 30/07/2020

The exemption is inappropriate. Commercial interests do not extend to commercially embarrassing; your failure to safeguard the public purse.

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

2 Attachments

Dear Mr Swift

 

We are writing to confirm that we do hold the information you requested on
12 June 2020 but have decided that some of this information cannot be
disclosed.

 

The information that can be released is: correspondence with the third
party relating to providing information on the use of temporary VRS in
Area 10.

 

A copy of the above information is attached.  However the following
information is being withheld under the exemption in section 40 of the
Freedom of Information Act 2000
 [1]http://www.legislation.gov.uk/ukpga/2000... :- Personal
details.

 

The following information is being withheld under the exemption in section
43 of the Freedom of Information Act 2000 
[2]http://www.legislation.gov.uk/ukpga/2000... :- The amounts
quoted by the third party to provide Highways England with the
information.

 

In applying this exemption we have had to balance the public interest in
withholding the information against the public interest in disclosure. The
key public interest factors for and against disclosure are attached.

 

If you are unhappy with the way we have handled your request you may ask
for an internal review. 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

 

If you have any queries about this email, please contact us. Please
remember to quote reference number 101173 in any future communications.

 

Kind regards

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [5]http://www.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,
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 |
[6]https://www.gov.uk/government/organisati... |
[7][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
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References

Visible links
1. http://www.legislation.gov.uk/ukpga/2000...
2. http://www.legislation.gov.uk/ukpga/2000...
3. https://www.gov.uk/government/organisati...
4. mailto:[Highways England request email]
5. http://www.highwaysengland.co/
6. https://www.gov.uk/government/organisati...
7. mailto:[Highways England request email]

Dear OPS DMT (NW),

Thank you. To enable me to consider the response and in particular the ability to provide the information, please could you:

1. advise whether the redacted cost for the ‘light touch’ exceeds £450 and if so why.

This appears to be a straightforward ‘routine’ to run, a query that will return precisely what I am seeking; AI involvement, date of incident (association) the period and charge.

2. Explain assumption regarding inspections – I am not seeking a detailed breakdown

3. Confirm the abstract works (AI account) coded to DCP would encompass above and below threshold works

4. Provide BBMM’s schedule of codes for DCP works. I wish to understand whether other codes may make the data more meaningful mindful that temp VRS attracts attendance charges for plant and operatives.

A job-by-job basis is clearly onerous, excessive

I am concerned temp’ VRS is unmonitored and a cost that is met by Highway England without any mitigation being sought.

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

Thank you for your request for further information about email exchanges
with BBMM dated 15 July 2020. I am dealing with it under the terms of the
Freedom of Information Act 2000.

 

The due date for issuing a response is 13 August 2020.

 

If you have any queries about this email, please contact me. Please
remember to quote reference number 101266 in any future communications.

 

Kind regards

 

Julie

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://www.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,
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 |
[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 

 

Consider the environment. Please don't print this e-mail unless you really
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References

Visible links
1. http://www.highwaysengland.co/
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

I am writing to advise you that we do hold information that is relevant to
your recent requests dated 15 and 17 July 2020 in which you asked for
further information regarding email exchanges with BBMM together with
further details regarding varioguard installation. I regret to inform you
of my decision not to disclose this information.

 

The information you requested is being withheld in reliance on the
exemption in [1]Section 12 of the Freedom of Information Act 2000. This is
because the aggregated cost of responding to your recent requests numbered
101149 and 101173, which were of a similar nature to this request, has
reached the appropriate cost limit of requests. As such compiling your new
requests will exceed the appropriate cost of £450. Section 12 of the Act
does not oblige us to comply with requests if they exceed this limit,
whether on a singular or aggregated basis, as is the case here.

 

If you are unhappy with the way we have handled your request you may ask
for an internal review. 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 email, please contact us. Please
remember to quote reference number 101266/101271 in any future
communications.

 

Kind regards

 

Julie

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [4]http://www.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,
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. https://www.legislation.gov.uk/ukpga/200...
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]
4. http://www.highwaysengland.co/
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 'Monitoring Ongoing Charges For Temp’ VRS'.

the information has not been provided, the exemption cited appears erroneous and is without explanation as to how the costs could be arrived at (and exceed the limit). the request is also seeking clarification i.e. it in part arises due to a failure to explain or address the request

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

Yours faithfully,

Mr P Swift

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.

For more information on how we use your data please check our privacy
notice at: [3]https://www.highwaysengland.co.uk/privacy

 

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

 

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

 

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. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
3. https://www.highwaysengland.co.uk/privacy
4. https://www.gov.uk/make-a-freedom-of-inf...
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Dear Highways England Company Limited,

Please advise by when I will receive the response to my request for an Internal Review.

Yours faithfully,

Mr P Swift

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.

For more information on how we use your data please check our privacy
notice at: [3]https://www.highwaysengland.co.uk/privacy

 

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

 

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

 

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. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
3. https://www.highwaysengland.co.uk/privacy
4. https://www.gov.uk/make-a-freedom-of-inf...
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Swift,

 

The internal review for this request was completed and issued on the 26
September 2020. However, I can see now that it was sent in error to
another of your What Do They Know e-mail accounts for a request of similar
nature and that you had also requested an internal review for. Please
accept my apologies for this and any inconvenience this may have caused
you.

 

Please see attached for the internal review ref. IR 101266 for this
request.

 

Kind Regards

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://highwaysengland.co.uk

 

From: Mr P Swift [mailto:[FOI #654915 email]]
Sent: 14 October 2020 15:02
To: [Highways England request email]; CCC <[Highways England request email]>; Highways
England <[Highways England request email]>; Main Inbox
<[Highways England request email]>
Subject: Re: Freedom of Information request - Monitoring Ongoing Charges
For Temp’ VRS

 

Dear Highways England Company Limited,

Please advise by when I will receive the response to my request for an
Internal Review.

Yours faithfully,

Mr P Swift

show quoted sections

Mr P Swift left an annotation ()

HE response:
On the 29 July 2020 Highways England responded under reference FOI 101266 refusing the request under Section 12 of the Freedom of Information Act 2000 because the aggregated costs of responding to requests on a similar subject when responding to your previous requests 101149 and 101173, also about BBMM/Area 10, had reached the appropriate limit of £450, which equates to 18 hours work.

On the 27 August 2020 you contacted Highways England requesting an internal review of the response.

I have now had the opportunity to review the request and the response and discuss the case with the team who provided the response. Following, this I am satisfied that Section 12 has been correctly applied to this request. To help explain this conclusion, within your request for internal review you have stated that no guidance/assistance has been provided and whilst the requirement to provide advice and assistance does usually apply to Section 12, in the case of aggregated costs and this case in particular, we are not required to do so. To explain this further, the duty to advise and assist is in place in situations where a request has exceeded the appropriate cost under the Act and the public authority can advise what information could be provided within said cost. The requester can take this advice and chose to reduce the scope of their request or not, where if they don’t the response to their request is likely to be a refusal under Section 12.

In the case of aggregated costs under Section 12 advice does not have to be provided if the cost limit has already been reached, as the case is here, when providing responses to previous requests. In this case FOI 101149 and 101173. Therefore, there is no advice or assistance that can be provided that will enable the scope of this request to be reduced to a point where it is falls under the cost limit because the cost limit has already been reached.

Dear FOI Advice,

Thank you for your response. I believe some of what I require has been supplied and the rest will fall under a claim reference.

Once again there exist contradictions within Highways England response about your monitoring and seemingly disregard for the public purse when paying for such works.

I would urge whoever should oversee this aspect of reinstatement reviews the conduct of contractors.

If I were to resubmit my request, given he time that has elapsed, would it be treated favourably?

Yours sincerely,

Mr P Swift
U10D233