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PFI PPP Safety Audit

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Dear Kent County 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,

Megan Ingles

Kent County Council

Dear Ms Ingles

 

Thank you for your email below.

 

Kent County Council acknowledges your request for information under the
Freedom of Information Act 2000. Assuming KCC holds this information, we
will endeavour to supply the data to you as soon as possible but no later
than 21^st June 2017 (20 working days from date of receipt).

 

We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/17/0911 - in any
communication regarding this particular request.

 

Best regards

 

 

Carly Wattle | Information Access Officer | Information Resilience &
Transparency Team | Kent County Council | Room 2.71, Sessions House,
Maidstone, ME14 1XQ | Phone 03000 417061 | Fax 03000 420303 | 
[1]http://www.kent.gov.uk/about-the-council...
|

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Dear Kent County Council,

I have not yet received a response to my original request, under the law the authority should have responded within 20 working days, by my calculation this would have been June 21st. I have not received any request for an extension to consider the public interest test.

Please could you respond to my original request immediately and provide an explanation for the delay.

Yours faithfully,

Megan Ingles

Kent County Council

20 Attachments

Dear Ms Ingles

 

Thank you for your request for information made under the Freedom of
Information Act (FOIA) 2000, relating to Safety Audits and PFI Schemes in
Kent.

 

Please accept my sincere apologies for the delay in responding to you. I
appreciate that KCC has failed to comply with statutory timescales on this
occasion.

 

I am pleased to provide the response below and attached:

 

1.    The Ebbsfleet Academy (formerly the Swan Valley Secondary) and
Craylands Primary – they were built between 1998 and 2000 approximately.

 

a)    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.

 

The PFI Provider for this site is HCP Social Infrastructure (UK) Ltd and
the Facilities provider is Sodexo. These organisations were contacted by
email and the response is attached prefixed “Doc C”. Please note that some
personal information has been withheld which if disclosed would amount to
a breach of the Data Protection Act 1998 (relating to unlawful processing
of personal data) and accordingly falls outside of the scope of this
Authority’s disclosure obligations by virtue of section 40(2) of the
Freedom of Information Act 2000.

 

b)   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.

 

Gen² Property Ltd manage the PFI Contracts on behalf of Kent County
Council (KCC). Details of the roles and responsibilities relating to KCC
and Gen² Property Ltd with regards to PFI contract Management are provided
in the attached Document prefixed “Doc A”. Within Gen², the PFI contracts
are managed by the Total Facilities Management Team. Post holders involved
in the management of PFI contracts are:

 

·         Interim Head of Facilities Management – Accountable for the
delivery of the TFM and PFI Contracts

·         Area TFM Contract Managers – Responsible for the delivery of the
TFM and PFI within their areas (East, Mid and West Kent)

·         PFI/TFM Contracts Officers – Support the day-to-day management
of the TFM and PFI contracts in their areas (East, Mid and West Kent)

 

The relationships between these posts are displayed in the document
“REG-102-FM Structure Chart vnr.pdf”

 

c)    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.

 

This document is attached and is named “DOAIC Swanscombe – Redacted”. Kent
County Council considers that the financial information contained within
the contents of the documentation provided by the companies, is
commercially sensitive, even after that contract has been awarded. The
information contained within the documentation if released into the public
domain, would be prejudicial to the commercial interests of both KCC and
the contractor. Disclosure would hinder fair competition and could give
rival companies an advantage. We are therefore relying on section 43 of
the Freedom of Information Act to withhold this information. We consider
the public interest is best served by promoting a competitive market
operating on a level playing field and therefore the public interest in
maintaining the exemption outweighs the public interest in disclosure at
this time.

 

 

d)   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.

 

Kent County Council did not appoint a member of the institute of Clerk of
Works or inspector. That responsibility would lie with the PFI Provider to
appoint on KCC’s behalf

 

e)    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.

 

Our PFI Contractor has confirmed that to the best of their knowledge no
enforcement notices have ever been served on either school, but a number
of requirements were raised by the fire officer relating to the change of
the means of escape. All of the requirements were completed and the works
signed off by the Local Authority building control officer.

 

f)     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

 

We can confirm that there have been no deductions made relating to
structural defects under this PFI contract.

 

2.    6 PFI schools – North School, Ellington Hereson, Malling and
Holmesdale schools, Aylesford School, Hugh Christie School – These were
all built around 2005 to 2007.

 

a)    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.

 

The PFI provider for these sites, Bilfinger RE Asset Management Ltd, was
contacted by Email. Their response is attached prefixed “Doc B” Please
note that some personal information has been withheld which if disclosed
would amount to a breach of the Data Protection Act 1998 (relating to
unlawful processing of personal data) and accordingly falls outside of the
scope of this Authority’s disclosure obligations by virtue of section
40(2) of the Freedom of Information Act 2000.

 

 

b)   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.

 

Gen² Property Ltd manage the PFI Contracts on behalf of Kent County
Council. Detail of the roles and responsibilities relating to KCC and Gen²
Property Ltd with regards to PFI contract Management are provided in the
attached Document prefixed “Doc A”. Within Gen², the PFI contracts are
managed by the Total Facilities Management Team. Post holders involved in
the management of PFI contracts are:

 

·         Interim Head of Facilities Management – Accountable for the
delivery of the TFM and PFI Contracts

·         Area TFM Contract Managers – Responsible for the delivery of the
TFM and PFI within their areas (East, Mid and West Kent)

·         PFI/TFM Contracts Officers – Support the day-to-day management
of the TFM and PFI contracts in their areas (East, Mid and West Kent)

 

The relationships between these posts are displayed in the document
“REG-102-FM Structure Chart vnr.pdf”

 

c)    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.

 

This document is attached and is named “DOAIC 6 Schools - Redacted” Kent
County Council considers that the financial information contained within
the contents of the documentation provided by the companies, is
commercially sensitive, even after that contract has been awarded. The
information contained within the documentation if released into the public
domain, would be prejudicial to the commercial interests of both KCC and
the contractor. Disclosure would hinder fair competition and could give
rival companies an advantage. We are therefore relying on section 43 of
the Freedom of Information Act to withhold this information. We consider
the public interest is best served by promoting a competitive market
operating on a level playing field and therefore the public interest in
maintaining the exemption outweighs the public interest in disclosure at
this time.

 

 

d)   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.

 

Kent County Council did not appoint a member of the institute of Clerk of
Works or inspector. That responsibility would lie with the PFI Provider to
appoint on KCC’s behalf

 

e)    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.

 

Investigations were carried out with regards to the width of some fire
doors at properties under this PFI Scheme. These were rectified by the PFI
provider. Documentation is provided attached prefixed with Doc D to Doc M.

A further document relating to fire engineering at The Malling School
exists, but is marked “Commercial in Confidence”, as such we are
withholding this document under Section 41 of the FOIA: Information
Provided in Confidence, as the disclosure of this information by the
Authority would constitute an actionable breach of confidentiality.

 

 

f)     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

 

No deductions were made for structural defects, the above mentioned fire
door issues were rectified and did not result in any deductions.

 

 

3.    Gravesham 3 BSF PFI schools – Northfleet Technology School, St
John’s comprehensive school and Thamesveiw School – these were all built
2008-2010.

 

 

a)    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.

 

Kier, as Facilities Management Provider for the contract, were instructed
to inspect the condition of the buildings following the Edinburgh Schools
failure and no particular defects or issues were identified. Please find
documents titled “Checklist Visual Inspection Of External Walls” + School
Name, that resulted from these inspections.

 

b)   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.

 

Gen² Property Ltd manage the PFI Contracts on behalf of Kent County
Council. Detail of the roles and responsibilities relating to KCC and Gen²
Property Ltd with regards to PFI contract Management are provided in the
attached Document prefixed “Doc A”. Within Gen², the PFI contracts are
managed by the Total Facilities Management Team. Post holders involved in
the management of PFI contracts are:

 

·         Interim Head of Facilities Management – Accountable for the
delivery of the TFM and PFI Contracts

·         Area TFM Contract Managers – Responsible for the delivery of the
TFM and PFI within their areas (East, Mid and West Kent)

·         PFI/TFM Contracts Officers – Support the day-to-day management
of the TFM and PFI contracts in their areas (East, Mid and West Kent)

 

The relationships between these posts are displayed in the document
“REG-102-FM Structure Chart vnr.pdf”

 

c)    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.

 

This is attached in the document names “DOAIC Gravesham - Redacted”.
Please note that some personal information has been withheld which if
disclosed would amount to a breach of the Data Protection Act 1998
(relating to unlawful processing of personal data) and accordingly falls
outside of the scope of this Authority’s disclosure obligations by virtue
of section 40(2) of the Freedom of Information Act 2000.

Also, Kent County Council considers that the information contained within
the contents of the documentation provided by the companies, is
commercially sensitive, even after that contract has been awarded. The
information contained within the documentation if released into the public
domain, would be prejudicial to the commercial interests of both KCC and
the contractor. Disclosure would hinder fair competition and could give
rival companies an advantage. We are therefore relying on section 43 of
the Freedom of Information Act to withhold this information. We consider
the public interest is best served by promoting a competitive market
operating on a level playing field and therefore the public interest in
maintaining the exemption outweighs the public interest in disclosure at
this time.

 

 

d)   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.

 

Kent County Council did not appoint a member of the institute of Clerk of
Works or inspector. That responsibility would lie with the PFI Provider to
appoint on KCC’s behalf

 

e)    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.

 

None.

 

f)     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

 

No enforcement or improvement notices were served and no deduction for
structural defects levied.

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[1]http://www.kent.gov.uk/about-the-council...
on our website. Please quote reference FOI/17/0911.

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner’s website [2]http://www.ico.org.uk/concerns.

 

Yours sincerely,

 

Alex Corcoran | Information Access Officer | Information Resilience &
Transparency Team | Kent County Council | Room 2.71, Sessions House,
Maidstone, ME14 1XQ | Phone 03000 419707 | Fax 03000 420303 |
[3]http://www.kent.gov.uk/about-the-council...
|

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