Dear Dumfries and Galloway Council,

This request relates to the situation that exists with North West Community Campus and the following information is required:

1) Who took the decision to open the school to pupils on 21 August 2018?

2) Did the building have a fitness certificate when it was opened?

3) What building works were in progress at the time the school was opened?

4) What building defects were apparent at the time the school was opened? What building defects had been evident prior to the school being opened?

5) One of the workmen on this site stated that this was a "death trap". Who decided it was safe to allow children to attend in these circumstances?

6) Were the Health and Safety Executive informed of the unsafe state of the building and injury that one child suffered as a consequence of this?

7) Has the building been inspected by building inspectors from Dumfries and Galloway Council? How many inspections have taken place to date and when did these occur? Was the building passed off as safe for use by Dumfries and Galloway Council and ,if so, when?

8) What steps have been taken to ensure the safety of the children attending this school subsequent to the child being injured?

9) Who will monitor the situation as regards safety of pupils when the school reopens?

10) Has the council contacted the contractor concerning the failures to ensure the safety of the pupils and building defects? Is there a clause in the contract which provides for penalties, or compensation in these circumstances

Yours faithfully,

Marion Cooper

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 27/08/2018 which we are dealing with in terms of the above legislation. We have given your request the unique reference 356838 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 24/09/2018.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

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Marion Cooper left an annotation ()

Since this was posted the school has been closed indefinitely as another child was injured by a falling electronic screen.

FOI Responses, Dumfries and Galloway Council

Please find below the Council's response to your request 356838 which was received on 27/08/2018.

Details of request: This request relates to the situation that exists with North West Community Campus and the following information is required:

1) Who took the decision to open the school to pupils on 21 August 2018?

2) Did the building have a fitness certificate when it was opened?

3) What building works were in progress at the time the school was opened?

4) What building defects were apparent at the time the school was opened? What building defects had been evident prior to the school being opened?

5) One of the workmen on this site stated that this was a "death trap". Who decided it was safe to allow children to attend in these circumstances?

6) Were the Health and Safety Executive informed of the unsafe state of the building and injury that one child suffered as a consequence of this?

7) Has the building been inspected by building inspectors from Dumfries and Galloway Council? How many inspections have taken place to date and when did these occur? Was the building passed off as safe for use by Dumfries and Galloway Council and ,if so, when?

8) What steps have been taken to ensure the safety of the children attending this school subsequent to the child being injured?

9) Who will monitor the situation as regards safety of pupils when the school reopens?

10) Has the council contacted the contractor concerning the failures to ensure the safety of the pupils and building defects? Is there a clause in the contract which provides for penalties, or compensation in these circumstances

Response:

1) Who took the decision to open the school to pupils on 21 August 2018? ?

Dumfries and Galloway Council

2) Did the building have a fitness certificate when it was opened?

The Certificate of Completion had been accepted allowing the building to be officially occupied in terms of the Building Scotland Act 2003.

3) What building works were in progress at the time the school was opened?

Item 9 please see paragraph 3.1.2. of the attached report on the North West Community Campus Closure http://egenda.dumgal.gov.uk/aksdumgal/us...

4) What building defects were apparent at the time the school was opened?

Apart from the ceilings which had been inspected and addressed, the only matters that the Council was aware that would still have to be addressed could be described as "snagging" and did not present a danger to the safe occupancy of the building. Hub South West was under a contractual obligation to carry out all works to ensure the works complied with the contract specification.

5) One of the workmen on this site stated that this was a "death trap". Who decided it was safe to allow children to attend in these circumstances?

The Council is unaware of any such comment.

6) Were the Health and Safety Executive informed of the unsafe state of the building and injury that one child suffered as a consequence of this?

The HSE was informed of the incident .

7) Has the building been inspected by building inspectors from Dumfries and Galloway Council? How many inspections have taken place to date and when did these occur? Was the building passed off as safe for use by Dumfries and Galloway Council and ,if so, when? The role of Building Standards can be found on the Scottish Government's website .

https://www.gov.scot/Topics/Built-Enviro...

The Temporary Occupation Certificate Application was received on 06/07/2018.

13/07/2018 The necessary supporting paperwork started arriving from the Applicant Graham Construction. Subsequent checks were then made to make sure all appropriate supporting paperwork was in place for the various systems within the building the focus being safety and fire eg electrical certificates, fire alarm; detection certificates, heating plant certificates, Energy Performance Certificates etc.

18/07/2018 A site visit carried out by Building Standards

20/07/2018 A subsequent visit was carried out

The Certificate of Completion Submission application was made on 20/07/2018 and the Certificate of Completion was accepted on the 20/07/2108 allowing the Building to be officially occupied in terms of The Building Scotland Act.

8) What steps have been taken to ensure the safety of the children attending this school subsequent to the child being injured?

What has happened subsequently is detailed in the attached report. http://egenda.dumgal.gov.uk/aksdumgal/us...

9) Who will monitor the situation as regards safety of pupils when the school reopens?

All parties involved are working hard towards the re-opening of the school and a plan will be in place for that re-opening that clearly addresses the safety of pupils , staff and visitors.

10) Has the council contacted the contractor concerning the failures to ensure the safety of the pupils and building defects?. Is there a clause in the contract which provides for penalties, or compensation in these circumstances.

The Council's contract is with hubSouth West and the Council has been in constant contact. There are clauses but at this stage and until the full circumstances are known it would prejudice the Council's position to detail those. However, 3.7.7 of the attached report provides general information on this. http://egenda.dumgal.gov.uk/aksdumgal/us...

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at https://emea01.safelinks.protection.outl... or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

Dear Dumfries and Galloway Council,

Thank you for the information you have provided.

Please note the links to the "egenda" "dumgal" site do not work and the information cannot be obtained via this. Will you please arrange for the information to be supplied by a different format.

Yours faithfully,

Marion Cooper

Marion Cooper left an annotation ()

There is a refusal to give any information on the clauses in the contract with the contractor for the failures that have occurred. Note the similarities between the responses the council gave regarding DGOne and the NWCC where they have declined to provide any details on the contractual obligations on the contractor.

FOI, Dumfries and Galloway Council

Please accept my apologies for this. I have tried to supply the link in a different format below.

http://egenda.dumgal.gov.uk/aksdumgal/us...

However, if this still does not work the report can be accessed by logging on to dumgal.gov.uk, scrolling down to the heading Council and Democracy, click on the link to committee meetings, click on the link "See a full list of committees", under main committees click on Dumfries and Galloway Council and the minute is dated 25 September 2018, item 9.

FOI Unit
Dumfries and Galloway Council

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Dear FOI,

Please note the new link does not work just the same as the former one failed to do.

I have endeavoured to obtain the details by the other method you suggest but this failed as well. The council site could not be used to obtain the minute of 25 September, item 9. The site would not permit access to the links.

Yours sincerely,

Marion Cooper

FOI, Dumfries and Galloway Council

http://egenda.dumgal.gov.uk/aksdumgal/im...

Please accept my apologies for the link not working. This has now been checked and the link above should take you to the relevant committee report. Please note that the minute is not yet available, it is the committee report that has the information requested.

Regards

FOI Unit
Dumfries and Galloway Council

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Dear FOI,

The latest link you have supplied fails to work the same as all the ones before it.

Can you post the information online in view of this please?

Yours sincerely,

Marion Cooper

FOI, Dumfries and Galloway Council

Thank you for your email asking for the information to be posted online. The information is available online, as all of our Committee Reports are published prior to the Committee meeting being held. The way to access our Committee Reports online is:-

by logging on to dumgal.gov.uk, scrolling down to the heading Council and Democracy, click on the link to committee meetings, click on the link "See a full list of committees", under main committees click on Dumfries and Galloway Council and the committee paper is detailed under the first heading dated 25 September 2018. Click on this link and scroll down to item 9 which has the title North West Community Campus - Report by Acting Director Children, Young People and Lifelong Learning. The final report and the appendix are detailed under their respective links.

Alternatively, paper copies of the reports considered at Committee are available at Ewart Library, Catherine Street, Dumfries and Galloway Council

FOI Unit
Dumfries and Galloway Council

show quoted sections

Marion Cooper left an annotation ()

The Council Committee meeting can be found here:

https://dumfriesgalloway.moderngov.co.uk...

This has been superseded by even more problems being identified.

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