Third Party Road damage Claim Costs & Recoveries Utilizing CECA

The request was refused by Birmingham City Council.

Dear Birmingham City Council,
With regard to the following incidents/claims

A. 16/04/2020
Z05B287
Crossfields Road, junction of Flaxley Road, Birmingham Column strike due to RTC. Atended made safe, Cleared debris, removed lantern, cut down column and installed temorary barriers oround column stump. WPD carried out disconnection and Crown carried out reconnection and loop transfers.
Refit of lantern within labour costs
Kier ref. GC\43812 INC 7800270

B. 21/12/2020
Z08B974
Traffic signals knocked down due to RTA. Attended made safe, cleared debris and put temporary barriers around damage signal. Dynniq carried out permanent repairs.
Lichfield Road, Tamworth Road, Anchorage Road, Junction with Tamworth Road, Birmingham
Kier ref. GC\47247 INC 7601839

I ask to be provided:
1. The amount Kier stated they claimed
2. The amount Kier stated they recovered
3. Confirmation (or otherwise) the rates Kier utilised when billing the Third Party in respect of the incident are ‘cost’
4. The uplift applied if any (as profit) - and how this is applied i.e. the mechanism
5. The management fee, if any (comprising profit) and what this is, how it is calculated i.e. per claim, as a percentage of claim value etc.
6. The amount remitted to you and if not, why not; the mechanism involved
7. The ‘detailed application submitted by Kier (monthly)
8. Any payment made to Kier

9. Please ensure the response sets out the method by which Kier makes a profit from the claims (fee or uplift)

10. Please also provide the detailed applications for payment submitted by Kier on a monthly basis since 01/03/2021; the detail for the costs incurred as well as the detailed cost transaction report for all levels of activity and associated costs, in Excel format

I am not seeking the specific rates utilised, as held by you, these are addressed in my request of 03/03/3021 @ Damage to Street Furniture Claim Costs & Recoveries:

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

Yours faithfully,
P. Swift

Birmingham City Council

 
 
 
 
Information request
Our reference: 24056381
Your reference: [FOI #754726 email]

show quoted sections

Birmingham City Council

 
 
 
 
Information request
Our reference: 24056381
Your reference: [FOI #754726 email]

show quoted sections

Dear Birmingham City Council,

Thank you.

More on the subject can be found here:
https://www.englandhighways.co.uk/kier-h...

Yours sincerely,

Mr P Swift

Dear Birmingham City Council,

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

I am writing to request an internal review of Birmingham City Council's handling of my FOI request 'Third Party Road damage Claim Costs & Recoveries Utilizing CECA'.

You have not addressed s1 of the FoIA, you have provided no response.

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

Yours faithfully,

Mr P Swift

Mr P Swift left an annotation ()

to ICO 13:37 15/06/2021

Mr P Swift left an annotation ()

From: ICO Casework <icocasework @ ico.org.uk>
Sent: 28 June 2021 10:18
Subject: ICO Case Reference: IC-112545-L1P3

Freedom of Information Act 2000
Birmingham City Council

I write concerning your complaint about the failure by Birmingham City Council to respond to the information request:

I have contacted Birmingham City Council and asked it to respond to your request within 10 working days. If it fails to do this, a decision notice will be issued requiring it to respond to your request.

I will contact you again in due course. If in the meantime you receive a response from Birmingham City Council to your request, please let us know.

Yours sincerely,

Case Officer
Information Commissioner's Office

Birmingham City Council

1 Attachment

Case Reference: IC-119595-T6B9 

Dear Mr Swift

I write further to your freedom of information request submitted on 15
June 2021 seeking information relating to withholding information,
including internal emails/exchanges and those with contractors.

My apologies that you have not received a response sooner. As you are
aware, in addition to your requests under the Freedom of Information Act
you have also raised a complaint within our internal complaints process.
Through the response to that complaint (on 2 June 2021 - our reference
2010 065, copy enclosed) we had sought to ensure that you received both
appropriate context and a response to your questions. Unfortunately, we
had initially missed that you had submitted this further request.

Your request of 15 June 2021 was:

'I am seeking all information relating to you withholding information from
me and the consideration to disclose to another. this will include
internal emails / exchanges and those with with your contractors.'

In respect of this we have checked both our records and with our
contractors and consider that we do not hold any further information
relating to withholding information from you. The response to your
complaint sent on 2 June 2021 contains a full explanation of the context
and position in relation to your Freedom of Information Act requests and
your complaints.

Yours sincerely

 

Jenny Bent

Business Support Coordinator

Digital & Customer Support Services

 

 

c.c. Patrick Mitchell 
Case Officer 
Information Commissioner's Office

BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
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The relevant history is:
12/05/2021 the request was made
13/05/2021 you acknowledged the request 24056381
02/06/2021 you wrote in respect of complaints (this letter now bears today’s date 07/10/2021)
The complaint does not address the request, it includes one mention of your reference
You failed to comply with the law and provide the information within 20 working days
15/06/2021 I responded to the complaint letter; I was unhappy and understood the matter would be referred to an Independent Complaints Champion under the second stage of your complaints process and you will respond within 20 working days
15/06/2021 I requested an Internal review. The complaint correspondence does not address the FoIA request of 12/05/2021.
I did not receive the IR within 20 working days
I did not receive a response to my challenge of your complaint

You have provided contradictory responses to requests. It appears, to address these, you would be required to liaise with your supplier. Some of the responses indicate contact with your supplier.

I have not received the information I requested 12/05/2021
I have not received an Internal Review

It appears you are seeking to circumvent the FoIA by use of complaint responses; avoiding the formal requests are legal requirement to address these within 20 working days.

I also question why the complaint letter has been placed in the public domain

My requests are straightforward. I wish to understand the difference between the KSoR (Kier Schedule of Rates) your contractor Kier Highways Ltd. charges a driver, fleet, haulier, or their insurer and those they charge your council in respect of damage to council property, such as a road barrier or sign. Additionally, why you permit this. The KSoR are substantially higher than ‘Authority Rates’.

https://www.englandhighways.co.uk/birmin...

Yours

P. Swift

Birmingham City Council

Dear Mr Swift
 
Thank you for your email.
 
I can confirm this matter is currently receiving attention and we will
write to you again on the outcome.
 
Kind regards
 
Yours sincerely
 
 
Jenny Bent
Business Support Coordinator
 
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
and/or subject to the provisions of privacy legislation. It is intended
solely for the addressee. If you are not the intended recipient, an
addressing or transmission error has misdirected this e-mail; you must not
use, disclose, copy, print or disseminate the information contained within
this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Dear Birmingham City Council,

By when can I expect a response? Advising we will write again is unhelpful.

I have therefore, reluctantly, returned to the ICO concerned I remain the subject of delays, prevarication.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

Sent by email to: infogovernance @ birmingham.gov.uk
14 October 2021
Dear Sir/Madam,
Freedom of Information Act 2000 (FOIA)
Complaint from: Philip Swift
Your reference: 24056381
The Information Commissioner has received a complaint from the above named
individual who says that you have not sent a response to an information request
they submitted to your organisation on 12 May 2021. You acknowledged you
received this request on 13 May 2021 and supplied the complainant with the
reference number 24056381.
Action
The FOIA places a duty on any public authority in receipt of such a request to
respond within 20 working days of receipt. As you have acknowledged receipt of
the request but have not responded, please now provide the complainant with a
response that complies with the FOIA within 10 working days of the date of
this email.
Please copy the icocasework@ico.org.uk email address into your response.
The Commissioner has published the following guidance, which you may find
helpful:
 Time for compliance and the FOIA
 Time for compliance and the EIR
 Refusing a request
Our Regulatory Action Policy is published on our website. In the event of other,
similar, complaints the Commissioner may consider taking enforcement action
under section 52 of the FOIA.
Finally, you should be aware that the Information Commissioner often receives
requests for copies of the correspondence we send and receive when dealing with
casework. Not only are we obliged to deal with these in accordance with the
access provisions of Data Protection legislation and the FOIA, it is in the public
interest that we are open, transparent and accountable for the work that we do.
I have copied this correspondence to the complainant.

Mr P Swift left an annotation ()

ICO Case Reference: IC-134654-N1D8

Birmingham City Council

Dear Mr Swift
 
This matter is currently receiving attention and we will respond to you on
or before 26 October 2021.  I apologise for the delay in replying.
 
Yours sincerely
 
Jenny Bent
Business Support Coordinator.

show quoted sections

Please use this email address for all replies to this request:
[FOI #754726 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
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For more detailed guidance on safely disclosing information, read the
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Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
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-------------------------------------------------------------------
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
and/or subject to the provisions of privacy legislation. It is intended
solely for the addressee. If you are not the intended recipient, an
addressing or transmission error has misdirected this e-mail; you must not
use, disclose, copy, print or disseminate the information contained within
this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Dear Birmingham City Council,

Thank you

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

From: ICO Casework <icocasework@ico.org.uk>
Sent: 25 October 2021 15:20
To: Philip Swift <pswift@cmaclaims.co.uk>
Subject: ICO Case Reference: IC-112545-L1P3

25 October 2021

Case Reference: IC-112545-L1P3

Dear Mr Swift

Freedom of Information Act 2000 (FOIA)
Information request to Birmingham City Council
https://www.whatdotheyknow.com/request/t...

Thank you for your correspondence of 20 October 2021 in which you complain about the time taken for the above public authority to carry out an internal review you requested on 7 October 2021.

The right to complain to the Information Commissioner is given under section 50 of the FOIA. However, we may not look at a complaint under section 50, if for example:

• there is a long delay before bringing a complaint to our attention; or
• you have not completed the complaints procedure which the public authority provides.

Before accepting complaints, the Commissioner requires that complainants give public authorities the chance to respond to their request for an internal review of its decision.

Although there is no statutory time set out in the FOIA within which public authorities must complete a review, the Commissioner has issued guidance about it. The Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review.

The maximum amount of time taken should not be more than 40 working days. This longer period may be justified if an internal review is complex, requires consultation with third parties or there is a high volume of relevant information covered by the request. There will sometimes be legitimate reasons why an extension longer than 40 working days is needed.

As the public authority has not had 40 working days to complete its review, we will not be taking further action at this point.

If you remain dissatisfied once you receive the internal review decision and would like us to look into the matter, please contact us and include a copy of the internal review decision. If you do not receive any response from the public authority, please let us know and we will be able to advise further.

Thank you for bringing these concerns to the attention of the Information Commissioner. If you have any further queries, or if you do not receive a review response within the required timeframe, please contact me.

Yours sincerely,

Mr Anjum Iqbal
Case Officer
Information Commissioner's Office

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
T. 0330 414 6239 ico.org.uk twitter.com/iconews
Please consider the environment before printing this email.

Mr P Swift left an annotation ()

From: Philip Swift
Sent: 26 October 2021 06:59
To: ICO Casework <icocasework@ico.org.uk>
Subject: RE: ICO Case Reference: IC-112545-L1P3

Dear Sirs

Thank you for your email.

I was provided reference IC-134654-N1D8 for this matter.
The relevant history is:
12/05/2021 the request was made
13/05/2021 Birmingham Council acknowledged the request 24056381
02/06/2021 Birmingham Council wrote in respect of complaints (this letter now bears 07/10/2021)
The complaint does not address the request, it includes one mention of Birmingham Council’s reference
Birmingham Council failed to comply with the law and provide the information within 20 working days
15/06/2021 I responded to the complaint letter; I was unhappy and understood the matter would be referred to an Independent Complaints Champion under the second stage of Birmingham Council‘s complaints process and Birmingham Council will respond within 20 working days
15/06/2021 I requested an Internal review. The complaint correspondence does not address the FoIA request of 12/05/2021.
I did not receive the IR within 20 working days
I did not receive a response to my challenge of Birmingham Council’s complaint
I placed the matter with the ICO
28/06/2021 you gave the Council 10 working days to respond
07/10/2021 I received a copy of their 02/06/2021 (above) letter
19/10/2021 the council have written ‘I can confirm this matter is currently receiving attention and we will write to you again on the outcome’ with no indication of a time frame.

I am now provided a new reference IC-112545-L1P3

Please explain how the Authority is within the 40 day limit, from what day you are calculating the 40 days and in turn, when this expires.

Yours faithfully,

P. Swift

Birmingham City Council

Freedom of Information Act 2000 (FOIA)

Complaint from Philip Swift

Your reference: 24056381

Dear Mr Swift
 
The above complaint is currently receiving attention and we will respond
to you on or before 6 January 2022.
 
Kind regards
 
Jenny Bent
Digital & Customer Support Services
[1][email address]
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
and/or subject to the provisions of privacy legislation. It is intended
solely for the addressee. If you are not the intended recipient, an
addressing or transmission error has misdirected this e-mail; you must not
use, disclose, copy, print or disseminate the information contained within
this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

References

Visible links
1. file:///tmp/foiextract20211231-5546-1iiyp3j#

Birmingham City Council

1 Attachment

Freedom of Information Act 2000 (FOIA)

Complaint from Philip Swift

ICO Case Reference: IC-134654-N1D8 (ref: 24056381)

 

Dear Mr Swift

Please find attached our response in respect of the above complaint.

 

Yours sincerely

 

Jenny Bent

Business Support Coordinator

Digital & Customer Support Services

BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
and/or subject to the provisions of privacy legislation. It is intended
solely for the addressee. If you are not the intended recipient, an
addressing or transmission error has misdirected this e-mail; you must not
use, disclose, copy, print or disseminate the information contained within
this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.