Dear Aberdeen City Council,

This request for information is an attempt to seek reassurance about the safety of public buildings in the light of the findings revealed in the Inquiry commissioned following the collapse of a school building wall in Edinburgh and subsequent closure of 17 schools.

Please answer the following for each PFI/PPP schemes in the local authority area treating each scheme as a separate request.

Please provide all documents showing how your organisation has responded to the findings contained in the report on Edinburgh Schools Construction by John Cole: including, but not limited to memos, emails, minutes, reports.

I would like to understand the expertise and resource committed by your organisation to the management and oversight of PFI schemes from procurement through to ongoing contract operation. Please provide documents relating to the PFI Team(s) allocated to each project its makeup and structure of the team during each project phase. This may comprise terms of reference, organisation chart, post titles and role profiles.

Provide the deed of appointment for the Independent Certifier and any other documents setting out the scope of that role. Please confirm the level of indemnity insurance and liability period.

Please confirm whether your organisation employed a member of the Institute of Clerk of Works or an inspector of similar standing and assigned them to each construction site. If someone in this role was employed please confirm their level of qualification, the salary associated with this role and how much time was allocated to per project/site.

Please provide a list of all enforcement or improvement notices served; investigations carried out and reports commissioned into fire safety (include dates and specify who commissioned or issued these) Please provide copies of all items listed.

Provide details of all attempts to make deductions relating to structural defects for each project. Confirm the amount, what it was for, and when the deduction was made.

Yours faithfully,

Stuart Gamblin

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Gamblin,

 

Thank you for your request for information, made under Section 1(1) of the
Freedom of Information (Scotland) Act (FOISA), and received on 22 May
2017.

 

We would like to ask you to clarify your request so that we can identify
and locate the information which you have requested. Under Section 1(3) of
the FOISA, we do not have to supply you with the requested information
until you have provided us with more detail in this respect.

 

Please answer the following for each PFI/PPP schemes in the local
authority area treating each scheme as a separate request.

 

Please provide all documents showing how your organisation has responded
to the findings contained in the report on Edinburgh Schools Construction
by John Cole: including, but not limited to memos, emails, minutes,
reports.

 

Please provide documents relating to the PFI Team(s) allocated to each
project its makeup and structure of the team during each project phase.
This may comprise terms of reference, organisation chart, post titles and
role profiles.

 

We would like to advise you that the Freedom of Information (Scotland) Act
2002 provides access to information, not copies of documents. We would be
extremely grateful if you could clarify your requests? Perhaps you could
ask the following:

 

Please explain how your organisation responded to the findings contained
in the report on Edinburgh Schools Construction by John Cole?

 

Please explain which council officers were involved in each project?

 

You may also wish to look at previous responses we have provided on this
matter:

 

FOI-16-0614:
[1]http://www.aberdeencity.gov.uk/nmsruntim...

EIR-16-0621:
[2]http://www.aberdeencity.gov.uk/nmsruntim...

EIR-16-0723:
[3]http://www.aberdeencity.gov.uk/nmsruntim...

EIR-16-0753:
[4]http://www.aberdeencity.gov.uk/nmsruntim...

EIR-17-0310:
[5]http://www.aberdeencity.gov.uk/nmsruntim...

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in.  Please note we will keep
your request on file for 20 working days whilst we await your
clarification.  It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[6][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[7]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://www.aberdeencity.gov.uk/nmsruntim...
2. http://www.aberdeencity.gov.uk/nmsruntim...
3. http://www.aberdeencity.gov.uk/nmsruntim...
4. http://www.aberdeencity.gov.uk/nmsruntim...
5. http://www.aberdeencity.gov.uk/nmsruntim...
6. mailto:[Aberdeen City Council request email]
7. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

Please can I refer you to the ICO guidance which I think relates to your clarification question of information/documents. Points 10, 11 and 12 seem to be of particular relevant in relation to your question.

https://ico.org.uk/media/for-organisatio...

"These rights only apply to the information held by the public authority. This means that there is no explicit right to copies of original documents.

"9. This is because Section 1 was designed to provide a wide ranging right to information. It ensures that information is covered wherever and however it is recorded. It also means that authorities have to consider the release of information within a document, rather than taking a document by document approach and withholding whole documents when only some of the information is exempt.

"10. Nevertheless, requesters often ask for copies of documents, or refer to documents by name as a means of describing the information they want.

"11. An authority should treat any request for a document as a valid request for all of the recorded information in that document.

"12. Most documents usually contain recorded information over and above the actual wording, such as the design, layout and style of writing. This means that, in most cases, the only practicable way to accurately communicate all the information to the requester is to provide a copy of the original document."

Yours sincerely,

Stuart Gamblin

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Gamblin,

 

Thank you for your email which we received on 27 June 2017.

 

As you did not clarify your request within 20 working days, Aberdeen City
Council have closed it.

 

We would like to ask whether you would like to make a new request? As
stated previously, we understand your request to be:

 

This request for information is an attempt to seek reassurance about the
safety of public buildings in the light of the findings revealed in the
Inquiry commissioned following the collapse of a school building wall in
Edinburgh and subsequent closure of 17 schools.

 

Please answer the following for each PFI/PPP schemes in the local
authority area.

 

Please explain how your organisation responded to the findings contained
in the report on Edinburgh Schools Construction by John Cole?

 

Please explain which council officers were involved in each PFI/PPP
project?

 

Please provide information relating to the appointment of the Independent
Certifier. What was the scope of their role?

 

What was the level of indemnity insurance and liability period?

 

Did ACC employ a member of the Institute of Clerk of Works or an inspector
of similar standing and assign them to each construction site?

 

If yes, please confirm the required level of qualification and the salary
range associated with the role.

 

If yes, how much time was allocated per project/site?

 

How many enforcement or improvement notices have been served? Please
provide details of each including dates and specify who commissioned or
issued them

 

How many investigations have been carried out? Please provide details of
each including dates and specify who commissioned or issued them

 

How many reports have been commissioned into fire safety? Please provide
details of each including dates and specify who commissioned or issued
them

 

In relation to all attempts to make deductions relating to structural
defects for each project, please confirm the amount, what it was for and
when the deduction was made?

 

We have concerns that the scope of your request is too broad and it is
likely to exceed the statutory cost limit (£600) to response to your
information request, breaching Section 12 – Excessive Cost of Compliance –
of the Freedom of Information (Scotland) Act 2002 or Regulation 10(4)(b) –
Manifestly Unreasonable – of the Environmental Information (Scotland)
Regulations 2004.

 

To ensure your request is not refused on the grounds outlined above we
would ask you to consider whether you could narrow the scope of your
request.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

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