Reservoir Dams: Failure to carry out vegetation management

J. Willams made this Freedom of Information request to Canal & River Trust

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Waiting for an internal review by Canal & River Trust of their handling of this request.

Dear Canal & River Trust,

Manchester Evening News 26 December 2019 -

Simon Bamford, director of asset improvement at the Trust which has 74 reservoirs across the UK, conceded the investigations currently underway would be focusing on the 1971 modifications of the dam.

And he admitted that the Trust 'could have done better' with its maintenance of the dam, pointing to the fact plants and other vegetation had been growing from the spillway.

This, he admitted, 'didn't look good'.

Board meeting 20 September 2019 -

... with additional works planned this winter to resolve vegetation backlog works at reservoirs there is a risk we will exceed the agreed extension of contract value.

Please provide me with all recorded information held relating to -

1. Guidance provided by the regulation authority, the Environment Agency, or third parties (e.g. BDS or non-uk sources) regarding vegetation management.

2. For each of your reservoirs -

2.1 Consequence of failure.

2.2. The vegetation maintenance strategy for the reservoir.

2.4 The date, prior to 1 August 2019, vegetation maintenance was last carried out.

2.5 The date, post 1 August 2019, that vegetation management was carried out.

2.6 The cost of providing post 1 August 2019 vegetation management

Yours faithfully,

J. Willams

Information Request, Canal & River Trust

Dear J Williams,

Thank you for contacting the Canal & River Trust with your enquiry. We are currently looking into your enquiry and will get back to you as soon as possible.

Many Thanks,

Hannah Mobberley
Information Officer
Legal & Governance Services
T: 07342023642

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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Information Request, Canal & River Trust

Dear J Willams,

Thank you for contacting the Canal & River Trust with your request for information.

Unfortunately, we have concerns that an individual may be using your name as a pseudonym so would kindly ask that you provide and verify your full name. This shall enable the Trust to ensure that the criteria in Section 8 of the Freedom of Information Act 2000 are met before we proceed with answering this request.

This can be done by providing an original copy of your identity (passport, driving licence or birth certificate) by post to Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ or email to [email address]. Once you have verified your full name with appropriate identity we shall proceed with answering your request. You should note that any request submitted using a pseudonym is invalid.

Kind regards,

Hannah Mobberley
Information Officer
Legal & Governance Services
T: 07342023642

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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Dear Hannah,

You appear to be attempting to use the Freedom of Information Act 2000 to delay responding to a request within 20 working days. I can find nothing on the ICO website that allows you to demand personal information in this manner. Furthermore, I understand this request falls under Environmental Information Regulations 2004 not Freedom of Information.

I look forward to your full response or a refusal notice on or before next Monday (9/3/2020).

Yours sincerely,

J. Willams

Dear Hannah,

Further to my email yesterday, I have checked the relevant guidance given by the Information Commissioner regarding this matter. It is as follows -

There is no equivalent to section 8 in the EIR. This means that a request made under the EIR will be valid irrespective of whether the requester provides their real name.

As this a valid request for Environmental Information, I look forward to your response on or before Monday.

Yours sincerely,

J. Willams

Information Request, Canal & River Trust

Dear J Willams,

Please refer to my email of 5th March 2020.

Kind Regards
Hannah Mobberley

Hannah Mobberley
Information Officer
Legal & Governance Services
T: 07342023642

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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Dear Hannah,

I feel have made my position very clear and your most recent email does not dispute anything I have said.

In case you are confused -

CRT should be responding to this request under Environmental Information Regulations.

There is no equivalent to section 8 in the EIR. This means that a request made under the EIR will be valid irrespective of whether the requester provides their real name.

As it is a valid request, CRT need to respond within 20 working days. That is by next Monday.

Yours sincerely,

J. Willams

Dear Hannah,

As a courtesy, I am copying you with an email sent to the Information Commissioner yesterday. Please note that you are still obliged to provide me with a response today.

Yours sincerely,

J. Willams

<<<<<<<<<<< EMAIL STARTS >>>>>>>>>>>>>
Dear Sirs

I am making two complaints against Canal & River Trust concerning the handling of two information requests.

Complaint 1.

The request is at https://www.whatdotheyknow.com/request/c...

My complaint is that CRT have not satisfied any of the four parts of my request - see my email of 24 May 2019.

Complaint 2.

The request is at https://www.whatdotheyknow.com/request/r...

My complaint is that CRT are wrongly and knowingly delaying a valid information request. I refer to CRT's response to another reservoir related request - Toddbrook Reservoir - Supervising Reports -

The Trust considers the information you have requested to fall within the
definition of environmental information as outlined in Regulation 2(1) of
the Environmental Information Regulations 2004. It is therefore exempt
from the provisions of the Freedom of Information Act 2000 (FOIA) in
accordance with Section 39(1) of the FOIA. On this basis the Trust has
dealt with your request in accordance with the Environmental Information
Regulations 2004 and has provided answers to your questions below.

Yours faithfully

Jessica Williams

<<<<<<<<<<< EMAIL ENDS >>>>>>>>>>>>>

Dear Canal & River Trust,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Reservoir Dams: Failure to carry out vegetation management'.

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

Yours faithfully,

J. Williams

Information Request, Canal & River Trust

Thank you for your email. Due to the ongoing impact of COVID-19 it may
take longer than usual to process your request.

While your statutory right of access remains unchanged, our resources may
be diverted away from usual compliance or information rights work at this
time.

The Information Commissioner accepts that delays may occur.

We will continue to keep you informed and thank you for your patience.

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Dear Canal & River Trust,

It has been pointed out to me that on the same day you sent me an unsigned auto-response -

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

You sent Jeremy Walker this -

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

You have previously refused to respond to this request. Now it would seem that you wish to delay explaining your actions by sending me a fictitious auto-response.

Yours faithfully,

J. Williams

Information Request, Canal & River Trust

Dear Mr Willams,

Thank you for your email.

Our auto-response message is currently being received by everyone who emails into this inbox and Mr Walker has received the same message also.

Please be assured your internal review has been passed onto the appropriate persons and you will be receiving an acknowledgment to this very soon.

As you are aware in the current Covid-19 situation we are working on a reduced capacity due to staff members being on furlough leave and therefore in some cases it is taking longer than usual for responses to be sent.

Thank you for your patience.

Kind Regards
Hannah Mobberley

Hannah Mobberley
Information Officer
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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Dear Canal & River Trust,

Thank you for the explanation.

This request was made on the 10th February and you have still not provided the information I asked for.

As such I would expect you to deal with this matter speedily by providing the information and providing me with an explanation of your actions.

Yours sincerely,

J. Williams

Information Request, Canal & River Trust

Dear Mr Willams,

Request Reference: EIR 12/20

Thank you for your initial email of 10 February 2020 and for an internal review on 2 June 2020, please refer to my colleagues email of 5 March 2020. The Trust has nothing further to add, until we hear from the ICO.

Yours Sincerely
Indy

Indy Virdee
Information Governance Manager
Legal & Governance Services
T: 07775 587674

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Dear Canal & River Trust

As you know, I made a two complaints to ICO with regard to this request and another. You were provided you with a copy.

With regard to the other request, ICO deemed it to be out of time.

With regard to this request, my complaint was accepted as valid. However,on the 29th May I was informed by ICO -

As the public authority has responded to your request for information, we will close the complaint. If you are dissatisfied with its response you should contact it again to request an internal review. If you remain dissatisfied after exhausting its internal complaints procedure you may complain to us again.

On the 2nd June, I made the request for review.

Based on the above, you may wish to reconsider your refusal to carry out an internal review.

Please let me know your intentions within the next two working days. If I do not hear from you then I will make a further complaint as suggested.

Yours sincerely,

J. Williams

Dear Canal & River Trust

Should you wish to discuss your refusal to carry out an internal review with ICO, the case reference is IC-38252-M1Q4 and the case officer is Anjum Iqbal.

Yours sincerely,

J. Willams

Information Request, Canal & River Trust

Dear J Willams,

Following the decisions from the ICO in regards to your request made on 10/02/2020. We have reconsidered your requests and have provided a response below.

1. Guidance provided by the regulation authority, the Environment Agency, or third parties (e.g. BDS or non-uk sources) regarding vegetation management.

We use the following external guidance references:
•Floods and Reservoir Safety 4th Edition, Institution of Civil Engineers
•The owner’s guide to reservoir safety, Environment Agency - https://www.gov.uk/government/publicatio...
•Guide to risk assessment for reservoir safety management, Environment Agency https://www.gov.uk/government/publicatio...

2. For each of your reservoirs –

2.1 Consequence of failure.
2.2. The vegetation maintenance strategy for the reservoir.
2.4 The date, prior to 1 August 2019, vegetation maintenance was last carried out.
2.5 The date, post 1 August 2019, that vegetation management was carried out.
2.6 The cost of providing post 1 August 2019 vegetation management

Upon further investigation it is evident that to provide all the information you have requested in question 2 it would be manifestly unreasonable in accordance with Regulation 12(4)(b) of the Environmental Information Regulations 2004.

However, a public authority can only withhold information if the public interest in maintaining this exception outweighs the public interest in disclosing the information. I have carried out the public interest test in relation to this exception and the arguments for disclosure are that it is generally accepted that the disclosure of information can increase transparency, accountability and trust is an organisation.

However, arguments against disclosure are that complying with this request would involve an unreasonable diversion of resources and place a disproportionate burden on those involved with the response. The Trust has 74 reservoirs and thus would involve multiple members of the asset improvement team to gather all the information requested. The Trust estimates that to provide a response to all the questions you have raised for each of the 74 reservoirs it would take the asset improvement team 18 hours to fulfil the requirements of this request.

On balance therefore, it is our view that the public interest in maintaining the exception in regulation 12(4)(b) outweighs the public interest in disclosure. I understand this response may be disappointing, but it aims to ensure, as recognised in the guidance, that our responsibilities under the regulations do not distract from our other statutory functions.

When refusing a request for environmental information under regulation 12(4)(b) public authorities are required to provide advice and assistance to the requester and explain how their request may be refined. We therefore suggest you refine your request by specifying the reservoirs in which you would like the information for. This will assist us in refining our searches and being able to deal with your request. The ICO have also produced some advice for requesters on how to make a request which are less likely to be refused. You can access this via the following link: https://ico.org.uk/your-data-matters/off...

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of this email and should be sent by email to [email address] or by post to Information Officer, Legal Department, Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ. You are also able to contact the Information Commissioner by telephoning 0303 123 1113 although please note they would usually expect you to have gone through our internal review procedure before contacting them.

Kind Regards,
Hannah

Hannah Mobberley
Information Officer
Legal & Governance Services
T: 07342023642

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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Dear Canal & River Trust,

Further to your suggestion -

"We therefore suggest you refine your request by specifying the reservoirs in which you would like the information for."

Using an alphabetic list of your reservoirs, please supply the requested information for the first ten reservoirs on that list.

This modified request should take less than 2.5 hours (based on your calculation that providing this information for 74 reservoirs would take 18 hours).

Yours sincerely,

J. Willams

Dear Canal & River Trust

On the advice of the Information Commissioner, I am writing to inform you that I am still awaiting a response to my modified request.

Yours sincerely,

J. Willams

Information Request, Canal & River Trust

Dear Mr Willams,

Thank you for your email and apologies for the delayed response. We are currently working at a reduced capacity and therefore responses are taking longer than usual.

I am just waiting for the final bit of information to answer your request and will respond by the end of this week.

Kind regards,
Hannah

Hannah Mobberley
Information Governance Advisor
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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Dear Canal & River Trust

Please note that this request was made over one year ago - 10/2/2020. My modified request was made two months ago - 17/12/2020 .

Taking into consideration the history of of this request and your previous attempts at delay (either deliberate or through ignorance), I ask that you -

- immediately provide the information that you have.

- provide 'the final bit' when it becomes available at the end of the week.

Yours sincerely,

J. Willams

Information Request, Canal & River Trust

Dear Mr Williams,

Thank you for contacting the Canal & River Trust with your request for information. We have treated your request as a request for information under the Environmental Information Regulation 2004.

As requested, we have revisited your request using an alphabetic list of Trust reservoirs and provided the information for the first 10 reservoirs on that list.

First 10 reservoirs when listed alphabetically are:
1.Barrowford
2.Belvide
3.Bittell (Mill Shrub Pool)
4.Bittell Lower
5.Bittell Upper
6.Black Moss
7.Boddington
8.Bosley
9.Brent
10.Brunclough

Question 2.1 Consequence of failure.

The Trust is entitled to rely on regulation 12(5)(a) on the basis that disclosure would adversely affect national security and public safety. The Trust has considered the public interest test in relation to the application of this exception.

The factors in favour of withholding the information are that if the information would, if disclosed, adversely affect international relations, refence, national security or public safety. The consequences of failure would reveal specific vulnerabilities at the reservoirs. Reservoirs hold back huge quantities of water in many cases, with the potential to cause serious flooding and risk to homes, property and people in released uncontrolled. Thus, disclosure of the material for this question would risk the release of sensitive information that could be used for malicious purposes. Furthermore, we have to take regard to the National Protocol for the Handling, Transmission and Storage of Reservoir Information and Flood Maps which was produced by the UK Reservoir Safety Liaison Group and provided to us by the environment agency, our regulatory body. It states that “[a]ny public body that receives a request under EIRs for information relating to regulated reservoirs, which is not already publicly available, should consider release of the information in accordance with the provisions of the legislation and the guidance provided by this Protocol.” It is specifically stated under Annex 1.1 page 15 of the Protocol attached that any information which conveys the likely or expected number or rate of fatalities which would result in the event of a reservoir failure should be withheld.

The factors in favour of disclosure are that there is a general presumption of openness and a need to promote accountability and transparency, taking into account the public interest in reservoirs. The Trust has considered whether the information is already in the public domain and in the case of this information, it is not. The Trust has determined that the factors in favour of withholding the information outweigh the public interest factors in disclosing the information.

Question 2.2. The vegetation maintenance strategy for the reservoir.
Apologies we are still in the process of gathering this information and will send it over to you as soon as we have received it from the relevant team.

Question 2.4 The date, post 1 August 2019, that vegetation management was carried out – Please see below.
1.Barrowford – June 2019
2.Belvide – July 2019
3.Bittell (Mill Shrub Pool) – July 2019
4.Bittell Lower – July 2019
5.Bittell Upper – July 2019
6.Black Moss – June 2019
7.Boddington – June 2019
8.Bosley – July 2019
9.Brent – July 2019
10.Brunclough – June 2019

Questions 2.6: The cost of providing post 1 August 2019 vegetation management
We have provided here the current Core PPM services required at these sites as amended in July 2020. To include all aspects of maintenance (i.e. to include reactive works) would take longer than the 18 staff hours in accordance with the ICO guidelines.

1.Barrowford – £9,971.03 p/a
2.Belvide – £20,261.43 p/a
3.Bittell (Mill Shrub Pool) – £4,809.18 p/a
4.Bittell Lower – £4,931.64 p/a
5.Bittell Upper – £5,451.12 p/a
6.Black Moss – £2,236.09 p/a
7.Boddington – £28,795.62 p/a
8.Bosley – £5,979.25 p/a
9.Brent – £8,947.56 p/a
10.Brunclough – £1,448.04 p/a

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of this email and should be sent by email to [email address] or by post to Information Officer, Legal Department, Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ. You are also able to contact the Information Commissioner by telephoning 0303 123 1113 although please note they would usually expect you to have gone through our internal review procedure before contacting them.

Many Thanks,
Hannah

Hannah Mobberley
Information Governance Advisor
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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Dear Canal & River Trust

Regarding your response of 19/2/2021 -

2.1 Consequence of failure
You attempt to justify your position by saying -

" It is specifically stated under Annex 1.1 page 15 of the Protocol attached that any information which conveys the likely or expected number or rate of fatalities which would result in the event of a reservoir failure should be withheld."

This totally untrue, as I am sure you are aware. However, it would explain why you did not attach the protocol to your response.

I would ask that you provide the data requested.

2.2. The vegetation maintenance strategy for the reservoir.
You have yet to respond to this part of my request.

2.3
This is a numbering error on my part for which I apologise

2.4 The date, prior to 1 August 2019, vegetation maintenance was last carried out.
You have this as - "The date, post 1 August 2019, that vegetation management was carried out – Please see below."

2.5 The date, post 1 August 2019, that vegetation management was carried out.
You have not responded to this part of my request.

2.6 The cost of providing post 1 August 2019 vegetation management
I have no idea what Core PPM services are but suspect it is not the information I am requesting.
What I am after is the cost of resolving vegetation backlog as my original request makes clear.

Based on the above, I consider that you have not responded to any of the outstanding parts of this request appropriately and would ask you to do so.

I would add that my request does not require you to name the reservoirs.

Yours sincerely,

J. Willams

Dear Canal & River Trust,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Reservoir Dams: Failure to carry out vegetation management'.

My concerns are as expressed in email of 21 February 2021 to which you have not replied.

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

Yours faithfully,

J. Willams

Information Request, Canal & River Trust

Dear Mr Willams,

Thank you for your request for internal review. I will pass this onto the reviewing officer to conduct.

Kind Regards,
Hannah

Hannah Mobberley
Information Governance Advisor
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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Dear Canal & River Trust,

Manchester Evening News 26 December 2019 -

Simon Bamford, director of asset improvement at the Trust which has 74 reservoirs across the UK, conceded the investigations currently underway would be focusing on the 1971 modifications of the dam.

And he admitted that the Trust 'could have done better' with its maintenance of the dam, pointing to the fact plants and other vegetation had been growing from the spillway.

This, he admitted, 'didn't look good'.

Board meeting 20 September 2019 -

... with additional works planned this winter to resolve vegetation backlog works at reservoirs there is a risk we will exceed the agreed extension of contract value.

Please provide me with all recorded information held relating to -

1. Guidance provided by the regulation authority, the Environment Agency, or third parties (e.g. BDS or non-uk sources) regarding vegetation management.

2. For each of your reservoirs -

2.1 Consequence of failure.

2.2. The vegetation maintenance strategy for the reservoir.

2.4 The date, prior to 1 August 2019, vegetation maintenance was last carried out.

2.5 The date, post 1 August 2019, that vegetation management was carried out.

2.6 The cost of providing post 1 August 2019 vegetation management

Yours faithfully,

J. Willams

The above request was made over a year ago on 10 February 200.

To date you have not provided the information requested.

You also have not responded to my request to carry out an internal review.

Information Request, Canal & River Trust

3 Attachments

Dear J.Willams,

INTERNAL REVIEW – UNDER THE ENVIRONMENTAL INFORMATION REGULATIONS 2004

Thank you for your email. I have been appointed as the reviewing officer for your internal review request of 2nd March 2021. Please note we are dealing with your internal review for your request made on 10th February 2020 as a separate request and you will receive a response to this shortly.

I have reviewed both your original information request and the response provided by Ms Mobberley. I have been through each question and responded to each of your concerns below.

In relation to question 2.1 consequences of failure, I find Ms Mobberley's response in withholding this information inline with Regulation 12(5)(a) to be correct. I have also attached the National Protocol for handling, transmission and storage or reservoir information and flood maps as referred to in Ms Mobberley email. Annex 1 states "The general principle in releasing information is that it should not expose any vulnerabilities of a reservoir, such as structural details, faults, safety measures, etc."

I have took into consideration the public interest test in reviewing the use of this exception.

There is a general presumption within the Environmental Information Regulation of openness and a need to promote accountability and transparency. The Trust acknowledges this is particularly significant in relation the reservoir information following the Toddbrrok incident in 2019. Notwithstanding this we believe the public interest in obtaining the information is outweighed by the following factors.

Likelihood of the adverse effect: The consequences of failure would set out a number of design flaws for these reservoirs, if this information were to be disclosed this would uncover flaws within other reservoirs of a similar design. Information which exposes vulnerabilities in the UK’s reservoir infrastructure would be in the public domain and so national security, in the sense of threat and risk, would be inevitably adversely affected.

Severity: reservoirs hold back huge quantities of water in many cases, with the potential to cause serious flooding and risk to homes, property and people if released uncontrolled. A successful attack on a reservoir would therefore be likely to lead to widespread injury, loss of life and damage to property. Any information that would increase the likelihood of such an attack, or of such an attack being executed successfully, would therefore have a severe adverse effect on national security and public safety.

In light of the above I agree with Ms Mobberley's original response that there is substantial weight in favour of maintaining the exception under regulation 12(5)(a).

2.2. The vegetation maintenance strategy for the reservoir.
We apologise that we were not able to provide this information to you within the statutory deadline however I have attached the vegetation management plans for the below 10 reservoirs plus a statement on how we manage grass, as grass growth varies across the country but the Trust aims to achieve the same standard.

The works highlighted within the site specific plans are either delivered via customer operations teams (via PPM) or by our vegetation contractors, where the works are outlined in the Trust’s Service Information (SI). The SI defines when we wish to undertake the work. If additional works are required e.g. an additional grass cut, due to the growing conditions being ideal, then this is instructed locally via a Task Order.

2.4 The date prior to 1 August 2019, vegetation maintenance was caried out

1.Barrowford – June 2019
2.Belvide – July 2019
3.Bittell (Mill Shrub Pool) – July 2019
4.Bittell Lower – July 2019
5.Bittell Upper – July 2019
6.Black Moss – June 2019
7.Boddington – June 2019
8.Bosley – July 2019
9.Brent – July 2019
10.Brunclough – June 2019

2.5 The date, post 1 August 2019, that vegetation management was carried out.

1.Barrowford – Sept 2019
2.Belvide – Sept 2019
3.Bittell (Mill Shrub Pool) – Sept 2019
4.Bittell Lower – Sept 2019
5.Bittell Upper – Sept 2019
6.Black Moss – Oct 2019
7.Boddington – Aug 2019
8.Bosley – Aug 2019
9.Brent – Aug 2019
10.Brunclough – Oct 2019

2.6 The cost of providing post 1 August 2019 vegetation management Ms Mobberley provided you with the cost of the current core PPM services required at these sites. In your response to this you stated you had no idea what Core PPM services are but suspect it is not the information you were requesting. You wanted the cost of resolving vegetation backlog.

For background PPM is services which we have identified as the cyclical vegetation maintenance duties which are performed routinely. These include services such as grass surfaces, weed management, shrub maintenance and many other tasks that are performed on a regular basis. We may also perform reactive tasks at the reservoirs which are done by a contractor or tasks may be completed in house by our operations team. Ms Mobberley in her response to you has provided the core PPM service cost for the cyclical vegetation management duties. As per Ms Mobberley's email to work out the cost for all the reactive job at these 10 reservoirs it would take longer than 18 hours as set out in the ICO guidelines. Furthermore this figure would not include any works completed in house by our operations teams. We also do not record vegetation backlog work separately, any backlog works are either added to the PPM works or added as an additional reactive job.

If you are dissatisfied with the handling of your request for an internal review, then you are able to contact the Information Commissioner by telephoning 0303 123 1113.

There is more information on the Information Commissioner’s Website https://ico.org.uk/make-a-complaint/offi... on how to complain and what the Information Commissioner can do.

Yours Sincerely
Joshua

Joshua Fellows
Information Governance Administrator
Legal & Governance Services

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Dear Canal & River Trust,

I have been referred to ICO guidance "internal reviews under the EIR 20130829 Version: 1.1". This states that reviews should be carried out by someone senior to the person who dealt with the original request.

The senior person who dealt with the original request was Indy Virdee, Information Governance Manager, Legal & Governance Services who upheld a decision not to provide information until I had provided my passport.

In view of your long history of trying to avoid your statutory obligations, please carry out this internal review according to the guidance using an appropriate person.

Yours sincerely,

J. Willams

Dear Canal & River Trust,

https://canalrivertrust.org.uk/the-publi... reads-

A review of your case will be undertaken, usually by a director or manager in a senior role ...

You can not, therefore, claim ignorance of the requirements for the person carrying out this review.

I would also refer you to Joshua Fellows linkedin profile. He joined you in January of this year and has no prior experience of, or qualifications in, Environmental Information Regulations or Freedom of Information.

Please provide a response from a director or a manager senior to Indy Virdee.

Please again be aware, that my request has not asked you to name the reservoirs for which I am requesting information and my expectation that the reviewer will provide a full review of your handling of this request as well as the information still being withheld.

Yours sincerely,

J. Willams

Information Request, Canal & River Trust

Dear J. Willams,

Thank you for your email.

It is stated in the ICO guidance that it is best practice for an internal review under the EIR to be carried out by someone senior to the person who dealt with the original request. The ICO however acknowledge that this is just a guideline and is not always possible/applicable to all organisations.

As you have pointed out we do state on our website that a internal review will usually be completed by a director or manager in a senior role, however again this is not always possible.

In light of the above and following advice from the ICO we will not be undertaking another internal review for this request. If you are still dissatisfied with the handling of your request for an internal review, you are able to contact the Information Commissioner by telephoning 0303 123 1113. There is more information on the Information Commissioner’s Website https://ico.org.uk/make-a-complaint/offi... on how to complain and what the Information Commissioner can do.

Kind Regards,
Hannah

Hannah Mobberley
Information Governance Advisor
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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Dear Canal & River Trust,

Your response is unacceptable.

I quote "Internal reviews under the EIR 20130829 Version: 1.1"

"It should be carried out by someone senior to the person who
dealt with the original request. If this is not possible it should
be undertaken by someone trained in, and who understands,
the Environmental Information Regulations."

Please carry out this review in accordance with guidance. Use someone senior to Indy Videe. You have eight directors, 12 trustees and eighty senior staff to chose from.

If this is not possible, please explain why and use someone trained in and who understands EIR.

Yours faithfully,

J. Willams