Dear Highways England Company Limited,

In the meantime, I restrict my request to

1. Your policy and / or arrangements / agreements with contractors
for the monitoring of ongoing works and costs; the obligations upon your
contractor and yourselves. This will include but not be restricted to:
a. The requirement of your contractor to keep you advised of the
temp’ VRS placement and ongoing costs for:
i. Varioguard
ii. Monitoring
iii. administration
b. The mitigation of temp’ VRS utilisation and continuance
c. Whether there is a threshold or thresholds above which you must be
notified or costs are limited
d. The requirements to monitor Varioguard

Yours faithfully,

Mr P Swift

this follows from your response to https://www.whatdotheyknow.com/request/m...

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority. You can find details of local
authorities using the search facility on the gov.uk website at:
[2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

For more information on how we use your data please check our privacy
notice at: [3]https://www.highwaysengland.co.uk/privacy

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[4]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

Kind regards

 

Highways England Customer Contact Centre

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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References

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2. https://www.gov.uk/find-your-local-council
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4. https://www.gov.uk/make-a-freedom-of-inf...
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

Thank you for your request for information about Restricted Monitoring
Ongoing Charges For Temp’ VRS in Area 10 dated 13 May 2020, please accept
our apologies for the delay in acknowledging this. We are dealing with it
under the terms of the Freedom of Information Act 2000.

 

The due date for issuing a response is 11 June 2020.

 

If you have any queries about this email, please contact us. Please
remember to quote reference number 101095 in any future communications.

 

Kind regards

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: [1]http://www.highwaysengland.co.uk

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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References

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1. http://www.highwaysengland.co.uk/
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

I am writing to confirm that we have now completed our search for the
information in Area 10 , which you requested on 13 May 2020.

 

A copy of the information is below.

 

With regard to incidents or repairs requiring temporary VRS (for example, 
parapet damage) and the associated chapter 8 monitoring of same, please
advise:

 

Your policy and / or arrangements / agreements with contractors for the
monitoring of ongoing works and costs; the obligations upon your
contractor and yourselves. This will include but not be restricted to:

 1. The requirement of your contractor to keep you advised of the
temporary VRS placement and ongoing costs for:

 a. Varioguard
 b. Monitoring
 c. Administration

 

Please note on 1 April 2019 Highway England moved to a new method of
delivering our services on our road network within the geographical
operational area known as Area 10 (Cheshire, Greater Manchester,
Merseyside and South Lancashire). We brought the responsibility for asset
investment and operational decision making in-house under a new delivery
model known as Asset Delivery. From that date we engaged a Maintenance and
Response Contractor (M&R) to provide cyclic and reactive maintenance
services which includes incident response and the repair of damaged assets
resulting from an incident.

 

Since 1 April 2019 under Asset Delivery, Highways England issues an
instruction in the form of works orders via our Confirm management system
for the M&R to make safe and repair a damaged asset. Varioguard is
installed as a safe guarding measure, which is an industry recognised
system to provide in a temporary state the necessary containment and
characteristics to meet standard until the asset is repaired.

 

The M&R will monitor and maintain varioguard in accordance with the
manufacturer’s instructions and Chapter 8 of the Traffic Signs Manual
produced by the Department for Transport
 [1]https://www.gov.uk/government/publicatio.... The
cost of this regime is paid for on a cost reimbursable basis as defined in
the M&R contract and claimed on a monthly basis via the Confirm management
system until the damaged asset is repaired.

 

 2. Regarding the mitigation of temporary VRS utilisation and continuance
of the monitoring of the cost which is ongoing from installation, a
charge accumulating on a per meter/day basis – what is the agreed

 

 a. Criteria for installation

 

Varioguard is installed when an asset has been damaged to protect the road
user and allow the network to be re-opened. The type and length of
protection will vary from job to job, but as standard there is a lead in
section, main body and the end section.

 

 b. Requirement to monitor/maintain

 

The varioguard is visually inspected twice in every 24 hour period and
maintained in accordance with the guidance from the manufacturer.

 

 c. SLA for repair – to minimise costs

 

Under Section 1 of the Freedom of Information Act 2000 Highways England
does not hold a document that states an SLA for repair. To give a bit of
context all repairs vary from site to site and would depend on what asset
has been damaged. Repairs are carried out as quick as practicable but
timescales may vary if a structural assessment and design is required for
a damaged structural asset to enable it to be returned back to standard
and its intended design purpose.  

 

 d. Reporting procedure to Highways England about ongoing/accumulation
costs i.e. the need to justify, mitigate.

 

As Highways England has instructed the work and have responsibility to
define and instruct the repair the M&R continues to provide the
safeguarding measures until the permanent repair of the damaged asset is
completed. 

 

 e. The process for establishing necessity/requirement pre-payment of
invoice

 

As this work is defined as cost reimbursable, payment is made based on
records/invoices provided by the M&R to demonstrate the costs incurred.

 

 3. Whether there is a threshold or thresholds above which you must be
notified or costs are limited.

 

Under Asset Delivery contract there is no threshold for damage to crown
property. Highways England is responsible for recovering the cost of all
repairs undertaken which will include make safe, design and construction
costs to return an asset back to standard and its intended design purpose.

 

 4. The requirements to monitor Varioguard.

 

All locations where Varioguard has been placed is visually inspected twice
in a 24 hour period and systems are maintained in accordance with each
manufacturer’s guidance.

 

If you are unhappy with the way we have handled your request you may ask
for an internal review. Our internal review process is available at:

[2]https://www.gov.uk/government/organisati...

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [3][Highways England request email]. You should contact me if
you wish to complain.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

           Information Commissioner’s Office

           Wycliffe House

           Water Lane

           Wilmslow

           Cheshire

           SK9 5AF

 

If you have any queries about this email, please contact me. Please
remember to quote reference number 101095 in any future communications.

 

Yours sincerely

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [4]http://www.highwaysengland.co.uk

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
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References

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1. https://www.gov.uk/government/publicatio...
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]
4. http://www.highwaysengland.co/
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Dear OPS DMT (NW),

Thank you for your response. There are some outstanding issues and some clarification required:

What was the process pre 04/2019?

1. How before and after 04/2019, do you, Highways England monitor the installation that is accruing costs on a daily basis? What checking is in place, what responsibility does the contractor have to keep you advised and keep the period of installation to a minimum?

Repairs being carried out ‘as quick as possible’ is informal

2a. Am I correct in assuming there is:

i. No monitoring of the installations current in place or those pre-04/2019
ii. No policy that sets out the criteria for installation of the barrier
iii. No policy that requires a contractor to notify you of the installations, the date they were installed and of the ongoing costs

2b
Is the visual inspection ‘twice in every 24 hours’ an Authority policy (if so, please provide a copy) or established elsewhere.

The ‘Chapter 8’ requirements in the ‘Traffic Signs Manual’, as you may expect, relate to signage as opposed to temp VRS.

2d
See above as the request is seeking the ‘reporting procedure to Highways England about ongoing/accumulation costs i.e. the need to justify, mitigate’

2e
I note payment is made ‘based on records/invoices provided by the M&R to demonstrate the costs incurred’ but the request is seeking the ‘process for establishing necessity/requirement pre-payment of invoice’; how is established that the Varioguard was required and for the period charged?

3
Is there a threshold or thresholds above which you must be notified or costs are limited? I understand AD has removed the invoice threshold but I am assuming there are estimated costs that give rise to alarm/alert i.e. that Highway England is to be advised of a potential claim in excess of £x? In turn, that the Varioguard potentially giving rise to large costs, this may trigger such an alert.

Is there a threshold or thresholds for such purposes or does the contractor have authority to repair as they see fit, without need to convey cost (or potential cost) pre-issuance of an invoice? .

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

Thank you for your request for further information about Restricted
Monitoring Ongoing Charges For Temp’ VRS in Area 10 dated 4 June 2020. We
are dealing with it under the terms of the Freedom of Information Act
2000.

 

The due date for issuing a response is 2 July 2020.

 

If you have any queries about this email, please contact us. Please
remember to quote reference number 101149 in any future communications.

 

Kind regards

 

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: [1]http://www.highwaysengland.co.uk

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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References

Visible links
1. http://www.highwaysengland.co.uk/
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

Dear OPS DMT (NW),

I have waited well beyond the stated 02/07/2020 but and without an update or the information.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

10/07/2020 to ICO
Thank you, we have received your complaint.

Need to send documents to us?
If you have other relevant documents for us, you can post them to:

Customer Contact - FOI complaint documents
Information Commissioner's Office
Wycliffe House
Wilmslow
SK9 5AF

OPS DMT (NW), Highways England Company Limited

1 Attachment

  • Attachment

    Highways England Response Information Request 101149.html

    15K Download

Dear Mr Swift

Please see the attached copy of our response which was sent to you on 2 July 2020.

Kind regards

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: [1]http://www.highwaysengland.co.uk

show quoted sections

Mr P Swift left an annotation ()

10/07/2020 response from HE:
Dear Mr Swift

I am writing to confirm that we have now completed our search for the information, which you requested on 4 June 2020.

A copy of the information is below.

What was the process pre 04/2019?

For the Asset Support Contract, pre April 2019 the requirements for the contractor to follow are set out in Annexe 23 of the ASC contract and in line with Section 21 of the Freedom of Information Act 2000, we would advise that a copy of this information is available online.

1. How before and after 04/2019, do you, Highways England monitor the installation that is accruing costs on a daily basis? What checking is in place, what responsibility does the contractor have to keep you advised and keep the period of installation to a minimum?

As above, the requirements prior to April 2019 are set out in Annexe 23 of the ASC contract and in line with Section 21 of the Freedom of Information Act 2000, we would advise that a copy of this information is available online. Post April 2019 under the Asset Delivery regime, this is monitored via our Confirm management system. The responsibility rests with Highways England to keep all works to a minimum and ensure that repairs are carried out as quick as practicable to minimise repair costs.

2a. Am I correct in assuming there is:

i. No monitoring of the installations current in place or those pre-04/2019

ii. No policy that sets out the criteria for installation of the barrier

iii. No policy that requires a contractor to notify you of the installations, the date they were installed and of the ongoing costs

i. Monitoring of installations pre and post April 2019 are carried out by the Maintenance and Response Contractor (M&R).

ii. Criteria for installation of the barrier is based on Chapter 8, Design Manual for Roads and Bridges.

iii. Highways England manage this process under Asset Delivery. For the Asset Support Contract, pre April 2019 the requirements for notifying incidents are set out in Annexe 23 of the ASC contract and in line with Section 21 of the Freedom of Information Act 2000, we would advise that a copy of this information is available online.

2b Is the visual inspection ‘twice in every 24 hours’ an Authority policy (if so, please provide a copy) or established elsewhere.

There is no formal policy stating how often a visual inspection should take place. We follow best practice and industry standard.

2d See above as the request is seeking the ‘reporting procedure to Highways England about ongoing/accumulation costs i.e. the need to justify, mitigate’

This was answered in the original reply, section 1 the use of Confirm to issue works orders and section 2e covering the requirement to provide records to demonstrate the costs incurred.

2e

I note payment is made ‘based on records/invoices provided by the M&R to demonstrate the costs incurred’ but the request is seeking the ‘process for establishing necessity/requirement pre-payment of invoice’; how is established that the Varioguard was required and for the period charged?

Varioguard is provided as part of incident response to asset damage. The decision for how long it remains in place and the associated cost is determined by Highways England based on the complexity of the work required to effect the repair. This will vary depending on considerations such as, the amount of time required for design checks/design work, availability of materials, resources and network occupancy.

3 Is there a threshold or thresholds above which you must be notified or costs are limited? I understand AD has removed the invoice threshold but I am assuming there are estimated costs that give rise to alarm/alert i.e. that Highway England is to be advised of a potential claim in excess of £x? In turn, that the Varioguard potentially giving rise to large costs, this may trigger such an alert.

No, we aim to repair the asset as quickly as reasonable and practicable

Is there a threshold or thresholds for such purposes or does the contractor have authority to repair as they see fit, without need to convey cost (or potential cost) pre-issuance of an invoice? .

Under Asset Delivery repairs are only carried out by the M&R when instructed by Highways England. This point was covered in the original reply – section 2d.

If you are unhappy with the way we have handled your request you may ask for an internal review. Our internal review process is available at:

https://www.gov.uk/government/organisati...

If you require a print copy, please phone the Information Line on 0300 123 5000; or e-mail [Highways England request email]. You should contact me if you wish to complain.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

If you have any queries about this email, please contact me. Please remember to quote reference number 101149 in any future communications.

Yours sincerely

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: http://www.highwaysengland.co.uk

Dear OPS DMT (NW),

where was this sent on 2 July 2020.

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

The response was sent to email address: [email address] and not .com. An error was made when copying the address, for which we apologise.

As we didn't receive notification that the email was not delivered, we were unaware it was sent to an incorrect address.

Kind regards

Divisional Management Team – Operations Directorate Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: [1]http://www.highwaysengland.co.uk

show quoted sections

Dear OPS DMT (NW),

please provide the specific link/section that relates to the monitoring.

With regard to

'Varioguard is provided as part of incident response to asset damage. The decision for how long it remains in place and the associated cost is determined by Highways England based on the complexity of the work required to effect the repair. This will vary depending on considerations such as, the amount of time required for design checks/design work, availability of materials, resources and network occupancy'

Please confirm whether 'Highways England' (above) you are referring to your contractor or whether Highways England staff, such as HETO, directly undertake the decision and the criteria for same.

It appears Variogurad is installed and left to accumulate costs without any consideration by Highways England, without any monitoring, causing costs to escalate for:

1. daily hire
2. contractor percentage uplift on charge
3. contractor daily drive-by

Costs which Highways England appear to pay without question.

I am seeking all information that contradicts the above concern (highlighted to your Authority).

since 01/01/2018, what reviews of these ongoing charges presented by contractors have occurred?

How many incidents are currently the subject of Varioguard costs that will be presented to Highways England?

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

Thank you for your request for information following the response to your
previous Freedom of Information request numbered 101149 dated 17 July
2020. I am dealing with it under the terms of the Freedom of Information
Act 2000.

 

The due date for issuing a response is 14 August 2020.

 

If you have any queries about this email, please contact me. Please
remember to quote reference number 101271 in any future communications.

 

Kind regards

 

Julie

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://www.highwaysengland.co.uk

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
need to.

References

Visible links
1. http://www.highwaysengland.co/
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

 

I am writing to advise you that we do hold information that is relevant to
your recent requests dated 15 and 17 July 2020 in which you asked for
further information regarding email exchanges with BBMM together with
further details regarding varioguard installation. I regret to inform you
of my decision not to disclose this information.

 

The information you requested is being withheld in reliance on the
exemption in [1]Section 12 of the Freedom of Information Act 2000. This is
because the aggregated cost of responding to your recent requests numbered
101149 and 101173, which were of a similar nature to this request, has
reached the appropriate cost limit of requests. As such compiling your new
requests will exceed the appropriate cost of £450. Section 12 of the Act
does not oblige us to comply with requests if they exceed this limit,
whether on a singular or aggregated basis, as is the case here.

 

If you are unhappy with the way we have handled your request you may ask
for an internal review. Our internal review process is available at:
[2]https://www.gov.uk/government/organisati...

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [3][Highways England request email]. You should contact me if
you wish to complain.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

            Information Commissioner’s Office

            Wycliffe House

            Water Lane

            Wilmslow

            Cheshire

            SK9 5AF

 

If you have any queries about this email, please contact us. Please
remember to quote reference number 101266/101271 in any future
communications.

 

Kind regards

 

Julie

Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [4]http://www.highwaysengland.co.uk

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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References

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2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]
4. http://www.highwaysengland.co/
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Dear OPS DMT (NW),

101271/ 101149

with regard to:
'The information you requested is being withheld in reliance on the
exemption in [1]Section 12 of the Freedom of Information Act 2000. This is
because the aggregated cost of responding to your recent requests numbered
101149 and 101173, which were of a similar nature to this request, has
reached the appropriate cost limit of requests. As such compiling your new
requests will exceed the appropriate cost of £450. Section 12 of the Act
does not oblige us to comply with requests if they exceed this limit,
whether on a singular or aggregated basis, as is the case here.'

I am surprised that this is only just being mentioned and that there is no suggestion as to how the information requested could be limited to assist you, reduce the cost

However, noting I have duplicate responses on both requests, please proceed to deal with this matter in isolation. I shall address the other separately by way of IR and ICO if necessary.

Yours sincerely,

Mr P Swift

OPS DMT (NW), Highways England Company Limited

Dear Mr Swift

I would confirm that it is not possible to deal with either of your requests, numbered 101266 and 101271 because the appropriate cost limit of requests was reached when answering your previous requests which were of a similar nature, these were numbered 101149 and 101173.

Kind regards

Julie
Divisional Management Team – Operations Directorate
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://www.highwaysengland.co.uk

show quoted sections

Dear OPS DMT (NW),

Please explain how you have calculated the requests will exceed the appropriate cost of £450.

I understand how many man-hours were used or the rates paid internally by Highways England in considering and preparing for a Tribunal hearing and Appeal are not recorded as you do not record this information or charge any rates for this.
https://www.whatdotheyknow.com/request/c...

It appears you do not record the man-hours associated with considering requests as this information has not been supplied in response to the above request. I am therefore at a loss to understand your calculation to date and ask that you provide all information stemming from the 18 hours / £450 spend.

Yours sincerely,

Mr P Swift

The information you requested is being withheld in reliance on the
exemption in [1]Section 12 of the Freedom of Information Act 2000. This is
because the aggregated cost of responding to your recent requests numbered
101149 and 101173, which were of a similar nature to this request, has
reached the appropriate cost limit of requests. As such compiling your new
requests will exceed the appropriate cost of £450. Section 12 of the Act
does not oblige us to comply with requests if they exceed this limit,
whether on a singular or aggregated basis, as is the case here.

Mr P Swift left an annotation ()

to ICO Case Reference: IC-46429-T6S6

Dear Highways England Company Limited,
For the sake of clarity, my 25/08/2020 conveying dissatisfaction, please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Restricted Monitoring Ongoing Charges For Temp’ VRS'.

I do not accept the calculation undertaken
this is unexplained
no guidance/assistance has been provided
the email/exchanges with BBMM could be easily located, form a request for clarification, could have been supplied with the original response.

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,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.

 

A map of the roads for which we are responsible can be found here
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If the road you’re interested in isn’t on this map it will fall under the
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
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[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
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Consider the environment. Please don't print this e-mail unless you really
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References

Visible links
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2. https://www.gov.uk/find-your-local-council
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4. https://www.gov.uk/make-a-freedom-of-inf...
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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

20 days for an IR having passed, please advise by when I can expect this.

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority. You can find details of local
authorities using the search facility on the gov.uk website at:
[2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

For more information on how we use your data please check our privacy
notice at: [3]https://www.highwaysengland.co.uk/privacy

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[4]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

Kind regards

 

Highways England Customer Contact Centre

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
need to.

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
3. https://www.highwaysengland.co.uk/privacy
4. https://www.gov.uk/make-a-freedom-of-inf...
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Swift,

 

Please find attached the internal review ref. IR 101271 of your freedom of
information request ref. FOI 101271.

Kind Regards

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://highwaysengland.co.uk

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
need to.

References

Visible links
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2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Swift,

 

Please find attached the internal review ref. IR 101266 of your freedom of
information request ref. FOI 101266.

 

Kind Regards

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://highwaysengland.co.uk

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
need to.

References

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3. mailto:[Highways England request email]

Mr P Swift left an annotation ()

HE response:
On the 29 July 2020 Highways England responded under reference FOI 101266 refusing the request under Section 12 of the Freedom of Information Act 2000 because the aggregated costs of responding to requests on a similar subject when responding to your previous requests 101149 and 101173, also about BBMM/Area 10, had reached the appropriate limit of £450, which equates to 18 hours work.

On the 27 August 2020 you contacted Highways England requesting an internal review of the response.

I have now had the opportunity to review the request and the response and discuss the case with the team who provided the response. Following, this I am satisfied that Section 12 has been correctly applied to this request. To help explain this conclusion, within your request for internal review you have stated that no guidance/assistance has been provided and whilst the requirement to provide advice and assistance does usually apply to Section 12, in the case of aggregated costs and this case in particular, we are not required to do so. To explain this further, the duty to advise and assist is in place in situations where a request has exceeded the appropriate cost under the Act and the public authority can advise what information could be provided within said cost. The requester can take this advice and chose to reduce the scope of their request or not, where if they don’t the response to their request is likely to be a refusal under Section 12.

In the case of aggregated costs under Section 12 advice does not have to be provided if the cost limit has already been reached, as the case is here, when providing responses to previous requests. In this case FOI 101149 and 101173. Therefore, there is no advice or assistance that can be provided that will enable the scope of this request to be reduced to a point where it is falls under the cost limit because the cost limit has already been reached.

Therefore, as noted above, I am satisfied this request has been refused under Section 12 of the Freedom of Information Act 2000.

Mr P Swift left an annotation ()

09/09/2020 form the ICO:
From the evidence provided to the Commissioner in this case, it is clear that in failing to issue a response to the request that reached the complainant within 20 working days, Highways England breached section 10(1) of the FOIA.

25/09/2020 Returned to the ICO to progress a complaint about failure to disclose

Mr P Swift left an annotation ()

From: ICO Casework
29 September 2020
Case Reference: IC-60093-M0J5
Your complaint has been accepted as eligible for further consideration and will be allocated to a case officer as soon as possible.