Number of Potholes, Severity and compensation Paid Cannock Chase Area. Part 2

The request was partially successful.

Chase Community Independents Group

Dear Staffordshire County Council,

Further to our previous request on this issue could you advise:-
Where the 817 potholes you mentioned in your reply are located?

When each of these 817 were reported?

Yours faithfully,

Paul Dadge.

Chase Community Independents Group

Staffordshire County Council

Dear Chase Community Independents Group,
 
Thank you for your request for information received by Staffordshire
County Council on 26/04/2021.
Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within twenty working days. 

**Coronavirus (COVID-19)**

During the current situation we will try to meet the statutory deadlines
for processing access to information requests. However, it is likely that
resources, whether they are finances or people, may be diverted away from
access to information work to deal with priority public services.

Please be patient if you experience delays when making information rights
requests during the pandemic. Where practicable, we will try to notify you
if there is likely to be a delay in being able to provide the information
you have requested.

 
If you have any queries about this request do not hesitate to contact us.
Please remember to quote the case reference number above in any future
communications.
Yours sincerely,
 
Access Team

Portch, David (Corporate), Staffordshire County Council

1 Attachment

Dear Paul Dadge

Thank you for your further request for information.

Your request has been handled under the Environmental Information Regulations 2004, and not the Freedom of Information Act, as the information you have requested falls under the definition of environmental information, and as such, is exempt from the Freedom of Information Act by virtue of s39. Instead, it falls under the Environmental Information Regulations 2004.

Redacted information

Whilst Staffordshire County Council seeks to be as open as possible dates have been withheld (Redacted). Information provided covers the period relevant to your request.

I am sorry if the redaction of dates is inconvenient. The reason for redaction of dates is as follows:

Any information that is provided in response to a request under the Freedom of Information Act or the Environmental Information Regulations is, whether it will be the case or not, must be considered to then be in the public domain i.e. made publicly available.

If the full report including dates is made publicly available, the inclusion of dates could be used to facilitate speculative/fraudulent claims against the Council in respect of damage or personal injuries.

Under regulation 12(5)(b) of the Environment Information Regulations, a public authority is entitled to withhold information if it considers that the disclosure of that information would adversely affect the course of justice - The scope of regulation 12(5)(b) is broad enough for prejudice to inquiries, investigations and assessment of claims for damages to be considered within scope of this exception (Exemption).

Exemptions under the Environmental Information Regulations requires us to hold a public interest test to consider the public interest in favour of disclosure or to withholding information.

The public interest test panel considered the strong public interest in disclosing the details of the highway conditions, and the public interest in the condition of the highways and expenditure for their maintenance, the panel decided that the public interest in openness is outweighed by the risk to the public purse arising from fraudulent damages claims. The dates in the documents provided have therefore been redacted in accordance with the panel’s decision.

We are required to treat all requestors equally and cannot take the individual requestor, or the known, or assumed, purpose of a request into consideration. Dates are therefore redacted from all requests for this type of information.

If you have any comments relating to how your access to information request has been handled by our authority you should contact us in the first instance.  Send your comment or complaint to:

Access Manager, Access Team, Staffordshire County Council, 2 Staffordshire Place, Stafford ST16 2DH or email [Staffordshire County Council request email]

If you then have any further comments relating to how your request has been handled by our authority, please contact the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Regards
  
David Portch

Access Team
Staffordshire County Council
1 Staffordshire Place
Stafford
ST16 2DH

show quoted sections

Chase Community Independents Group

Dear Staffordshire County Council,
Thank you for your reply. It is very disappointing that the dates have been redacted as we are looking to establish how long Pot Holes take to repair.

Aside from the above is it possible to provide the postcodes for the location of the potholes.

Yours faithfully,

Chase Community Independents Group

Portch, David (Corporate), Staffordshire County Council

Dear Paul Dadge

 

As per the response to your access to information request (Our ref.
F0004947), you will not be provided with dates of
inspections/reports/repairs for the reasons stated in the response.
Similarly, we have provided the names of streets and will not provide any
more precise location for the same reasons.

 

In addition, I understand the data we hold does not include postcodes and
we are not required to create information in order to answer requests.
Postcodes for the named routes are also available to you by other means.

 

Further information/clarification of why dates and precise locations will
not be released is set out below -

 

We are required to be both requestor and request neutral and do not take
the individual requestor nor the known, or assumed, purpose of the request
into consideration when processing and making decisions about requests.

 

In the case of your information request, and similar requests for highway
site history information, concerns were raised about the potential for
speculative, or fraudulent damage or personal injury claims should this
information be released. As required by the legislation, we have held a
public interest test to decide whether it is in the public interest to
disclose some, or all of, the information.

 

The Public Interest Test Panel decided, that with reference to the
Information Commissioner’s Office (ICO) guidance we must assume any
information released will then be available in the public domain and it is
therefore in the public interest to protect ‘the public purse’ from
speculative and fraudulent claims, and consider that disclosure of dates
is likely to cause prejudice as detailed in Regulation 12(5)(b).

 

The scope of Environmental Information Regulation (EIR) 12(5)(b) Course of
justice and inquiries is broad enough to include within scope the
investigation and assessment of damages claims. We have therefore decided
that it is appropriate to ‘engage’ EIR exception 12(5)(b).

 

Rather than refuse requests for this type of information in full, the
panel are of the opinion that the key risk is the disclosure of dates.
Dates have therefore been redacted from the information provided to you.
Unredacted copies of the report will therefore not be provided to you
through the access to information regime.

 

The report still includes a record of inspections, defect reports received
from members of the public and maintenance/repair works (as specified in
your request) undertaken during the period indicated at the top left of
each page of the report.

 

Time frames for repair of highway defects vary depending on a variety of
factors. Information published on our website may more fully explain this.

Highway Safety Inspection Code of Practice -
[1]https://www.staffordshire.gov.uk/Highway...

Repair methods -
[2]https://www.staffordshire.gov.uk/Highway...

Management of roads and highways –
[3]https://www.staffordshire.gov.uk/Highway...

Information about spend on maintaining highways is available on our
website -
[4]https://www.staffordshire.gov.uk/Highway...

Asset management (includes average cost) -
[5]https://www.staffordshire.gov.uk/Highway...

 

If you have any further comments relating to how your request has been
handled by our authority, please contact the Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

 

 

Regards

  

David Portch

 

Access Team

Staffordshire County Council

1 Staffordshire Place

Stafford

ST16 2DH

 

 

 

From: Chase Community Independents Group
<[6][FOI #750253 email]>

Sent: 25 May 2021 12:29

To: Access Information <[7][Staffordshire County Council request email]>

Subject: Re: Freedom of Information request - Number of Potholes, Severity
and compensation Paid Cannock Chase Area. Part 2

 

CAUTION: This email originated from outside of Staffordshire County
Council. Do not click links or open attachments unless you recognize the
sender and know the content is safe.

 

 

Dear Staffordshire County Council,

Thank you for your reply. It is very disappointing that the dates have
been redacted as we are looking to establish how long Pot Holes take to
repair.

 

Aside from the above is it possible to provide the postcodes for the
location of the potholes.

 

Yours faithfully,

 

Chase Community Independents Group

 

 

Disclaimer

This e-mail (including any attachments) is only for the person or
organisation it is addressed to. If you are not the intended recipient you
must let me know immediately and then delete this e-mail. If you use this
e-mail without permission, or if you allow anyone else to see, copy or
distribute the e-mail, or if you do, or don't do something because you
have read this e-mail, you may be breaking the law.

Liability cannot be accepted for any loss or damage arising from this
e-mail (or any attachments) or from incompatible scripts or any virus
transmitted.

E-mails and attachments sent to or received from staff and elected Members
may be monitored and read and the right is reserved to reject or return or
delete any which are considered to be inappropriate or unsuitable.

Do you really need to print this email? It will use paper, add to your
waste disposal costs and harm the environment.

References

Visible links
1. https://www.staffordshire.gov.uk/Highway...
2. https://www.staffordshire.gov.uk/Highway...
3. https://www.staffordshire.gov.uk/Highway...
4. https://www.staffordshire.gov.uk/Highway...
5. https://www.staffordshire.gov.uk/Highway...
6. mailto:[FOI #750253 email]
7. mailto:[Staffordshire County Council request email]

Chase Community Independents Group

Dear Staffordshire County Council,

Thank you for your quick reply.
I understand the reasons for not giving precise dates or post codes but are you able to say of the potholes still awaiting repair how long ago the oldest pothole was reported without giving any address or location details and what the average wait time is for repair?

Yours faithfully,

Chase Community Independents Group

Portch, David (Corporate), Staffordshire County Council

Dear Chase Community Independents Group

 

I have forwarded your further request to the relevant service for advice
and will send you a reply as soon as possible within 20 working days.

 

 

Regards

  

David Portch

 

Access Team

Staffordshire County Council

1 Staffordshire Place

Stafford

ST16 2DH

 

 

From: Chase Community Independents Group
<[1][FOI #750253 email]>

Sent: 25 May 2021 13:24

To: Access Information <[2][Staffordshire County Council request email]>

Subject: Re: Freedom of Information request - Number of Potholes, Severity
and compensation Paid Cannock Chase Area. Part 2

 

CAUTION: This email originated from outside of Staffordshire County
Council. Do not click links or open attachments unless you recognize the
sender and know the content is safe.

 

 

Dear Staffordshire County Council,

 

Thank you for your quick reply.

I understand the reasons for not giving precise dates or post codes but
are you able to say of the potholes still awaiting repair how long ago the
oldest pothole was reported without giving any address or location details
and what the average wait time is for repair?

 

Yours faithfully,

 

Chase Community Independents Group

 

Disclaimer

This e-mail (including any attachments) is only for the person or
organisation it is addressed to. If you are not the intended recipient you
must let me know immediately and then delete this e-mail. If you use this
e-mail without permission, or if you allow anyone else to see, copy or
distribute the e-mail, or if you do, or don't do something because you
have read this e-mail, you may be breaking the law.

Liability cannot be accepted for any loss or damage arising from this
e-mail (or any attachments) or from incompatible scripts or any virus
transmitted.

E-mails and attachments sent to or received from staff and elected Members
may be monitored and read and the right is reserved to reject or return or
delete any which are considered to be inappropriate or unsuitable.

Do you really need to print this email? It will use paper, add to your
waste disposal costs and harm the environment.

References

Visible links
1. mailto:[FOI #750253 email]
2. mailto:[Staffordshire County Council request email]

Portch, David (Corporate), Staffordshire County Council

Dear Chase Community Independents Group

 

Thank you for your request for information. (the oldest pothole was
reported without giving any address or location details and what the
average wait time is for repair?)

 

I am advised by the service as follows –

 

The oldest defect shown on our records dates back to 2013. However, this
may not be what might be described as a pothole. Repairs are based on a
defect’s risk category and takes into account the type/size/position of
the defect, the type of route and volume of traffic using the route.

 

In answer to the question of average time taken to repair defects - This
information is not held. We are not required to generate data in order to
answer 'freedom of information requests' and because of the variety of
factors involved, cannot calculate this information.  

 

The length of time taken to repair defects will depend on the assessed
nature and severity of the individual defects and assessed risks as
detailed in the Highway Safety Inspection CoP -
[1]https://www.staffordshire.gov.uk/Highway...
, the overall condition of the route and method(s) of repair assessed to
be appropriate and cost effective -
[2]https://www.staffordshire.gov.uk/Highway...

 

I am sorry that we are not able to provide you with more specific answers
to your questions.

 

 

If you have any comments relating to how your request has been handled by
our authority you should contact us in the first instance. Send your
comment or complaint to:

 

Access Manager, Access Team, Staffordshire County Council, 2 Staffordshire
Place, Stafford ST16 2DH or email
[3][Staffordshire County Council request email]

 

If you then have any further comments relating to how your request has
been handled by our authority, please contact the Information
Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, or
[4]Make a complaint | ICO

 

 

Regards

  

David Portch

 

Access Team

Staffordshire County Council

1 Staffordshire Place

Stafford

ST16 2DH

 

 

From: Chase Community Independents Group
<[5][FOI #750253 email]>

Sent: 25 May 2021 13:24

To: Access Information <[6][Staffordshire County Council request email]>

Subject: Re: Freedom of Information request - Number of Potholes, Severity
and compensation Paid Cannock Chase Area. Part 2

 

CAUTION: This email originated from outside of Staffordshire County
Council. Do not click links or open attachments unless you recognize the
sender and know the content is safe.

 

 

Dear Staffordshire County Council,

 

Thank you for your quick reply.

I understand the reasons for not giving precise dates or post codes but
are you able to say of the potholes still awaiting repair how long ago the
oldest pothole was reported without giving any address or location details
and what the average wait time is for repair?

 

Yours faithfully,

 

Chase Community Independents Group

 

 

Disclaimer

This e-mail (including any attachments) is only for the person or
organisation it is addressed to. If you are not the intended recipient you
must let me know immediately and then delete this e-mail. If you use this
e-mail without permission, or if you allow anyone else to see, copy or
distribute the e-mail, or if you do, or don't do something because you
have read this e-mail, you may be breaking the law.

Liability cannot be accepted for any loss or damage arising from this
e-mail (or any attachments) or from incompatible scripts or any virus
transmitted.

E-mails and attachments sent to or received from staff and elected Members
may be monitored and read and the right is reserved to reject or return or
delete any which are considered to be inappropriate or unsuitable.

Do you really need to print this email? It will use paper, add to your
waste disposal costs and harm the environment.

References

Visible links
1. https://www.staffordshire.gov.uk/Highway...
2. https://www.staffordshire.gov.uk/Highway...
3. mailto:[Staffordshire County Council request email]
4. https://ico.org.uk/make-a-complaint/
5. mailto:[FOI #750253 email]
6. mailto:[Staffordshire County Council request email]

Chase Community Independents Group

Dear Portch, David (Corporate),
Dear David,
Are you able to tell me the grade of pothole or road damage with respect to the case reported in 2013

Yours sincerely,

Chase Community Independents Group

Portch, David (Corporate), Staffordshire County Council

Dear Chase Community Independents Group

Thank you for your further request for information.

The highway defect recorded in 2013 is shown on the records provided to me as being a category 3 defect. However, from the information now made available to me I can advise that the 2013 defect was a footway and not a carriageway defect. The oldest outstanding carriageway defect dates from 2016 and is also classed as a C3 defect.

The Highway Inspection Code of Practice - https://www.staffordshire.gov.uk/Highway...
Gives the following information about category 3 defects -

' Category 3
Medium or Low Risk Category 3 defect;
- These defects will be categorised within the relevant system as a
Category 3M, 3Q or 3A defect. These categories relate to the inspection frequency
so that defects on a monthly inspected road will be a 3M and similarly for quarterly
inspections Q and annual inspections A.

The repair period assigned for Category 3 defects is 28 days for a monthly route
(3M), 45 days for a quarterly route (3Q) and 60 days for an annual route (3A), as the
overall operation within a year is resource limited according to the available budget.
The categorisation process allows for a greater priority to be assigned to the defects
on the busier roads that are subject to the most traffic and therefore possess the
greater risk to the travelling public. This aligns with the overall risk-based approach
to inspections and defect categorisation.

The number of outstanding defects and their completion times will be monitored on
an ongoing basis to establish a performance measure for each type of category 3
defect this will then be the target for completion for each type of category 3 defect.
All defects generated from customer reports will be assigned a category as defined
in the risk matrix.'

If you have any comments relating to how your request has been handled by our authority you should contact us in the first instance. Send your comment or complaint to:

Access Manager, Access Team, Staffordshire County Council, 2 Staffordshire Place, Stafford ST16 2DH or email [Staffordshire County Council request email]

If you then have any further comments relating to how your request has been handled by our authority, please contact the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, or Make a complaint | ICO

Regards
  
David Portch

Access to Information Team
Staffordshire County Council
1 Staffordshire Place
Stafford
ST16 2DH

show quoted sections