Under-secretaries of State responsible for Highways Agency / Highways England since Jan 2010

Peter Silverman made this Freedom of Information request to Department for Transport

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Department for Transport should have responded by now (details). You can complain by requesting an internal review.

Dear Department for Transport,

Please provide me with a list showing each Under-secretary for Transport who has had responsibility for the Highways Agency / Highways England since Jan 1 2010.

Please show the dates on which they took up this responsibility.

Yours faithfully,

Peter Silverman

Department for Transport

Dear Mr Silverman,

I am writing to acknowledge receipt of your request for information which
has been allocated reference number P0015746.

A response will be issued to you in due course.

Regards,

Department for Transport
FOI Advice Team
Digital Service
Zone D/04
Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

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Chris Taylor, Department for Transport

2 Attachments

Dear Mr Silverman,

 

Please see attached reply to your recent FOI request.

 

Kind regards

 

Chris

 

[1][IMG]          Mr Chris Taylor 
Finance & Business Manager, Private Office

5/22, Great Minster House
33 Horseferry Road, London, SW1P 4DR
[2]Follow us on twitter @transportgovuk 

Please note that all e-mails and their attachments sent by a Private
Secretary on behalf of a Minister relating to a decision or comment made
by a Minister, or note of a Ministerial meeting, should be filed
appropriately by the recipient. DfT Private Office does not keep official
records of such e-mails or documents attached to, or forwarded with, them.

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Dear Chris Taylor,

Thank you for your communication of 6th March 2108. Please refer to the following guidance from the ICO
-----
Lists and schedules

11. Public authorities may receive requests for lists or schedules.

Example “Please provide me with a schedule of all correspondence between the council and company X between 3 September 2011 and 8 August 2012 inclusive. Please identify the sender and recipient, their position within the council or company X and the date of the correspondence.”

12. If the public authority had already produced a list for its own business needs, the information is clearly held. However, usually the public authority will not hold an actual list. It will hold the correspondence referred to in the request and the information required to produce the schedule will be contained in that correspondence. It is simply a case of extracting the relevant information (the individual building blocks) from the correspondence and organising them into a schedule. The extraction of existing information and presenting it as a schedule is not the creation of new information.

https://ico.org.uk/media/for-organisatio...
------
Please therefor provide me with the list I have requested.

Yours sincerely,

Peter Silverman

Peter Silverman left an annotation ()

COPY OF MY COMPLAINT TO THE INFORMATION COMMISSIONER

Subject: New complaint about the Department for Transport
Date: Thursday, 31 May 2018 at 14:58:00
From: Peter Silverman - Clean Highways
To: casework@ico.org.uk

Under-secretaries of State responsible for Highways Agency / Highways England since Jan 2010

Complaint to the Information Commissioner under FOIA S50

Complainant: Peter Silverman, Clean Highways, 20 Kingsend, Ruislip, HA4 7DA, 01895 625770

Public Authority: Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR

Details of the request, dated 6th February 2018, and all subsequent correspondence can be seen at:
https://www.whatdotheyknow.com/request/u...

No other relevant correspondence has been sent or received.

The DfT have failed to provide the information requested in the statutory time period.

Please issue a Decision Notice accordingly.

Please note I am not asking the ICO to progress the information or to act as a conciliator.

I look forward to hearing from you.

Peter Silverman
01895 625770
07799 404766
www.cleanhighways.co.uk

Peter Silverman left an annotation ()

NB
ICO have legitimately treated mine of 14/03 as a request for an internal review.
Under FOI there is no statutory time limit for completing Internal Reviews.

Copy of response from Information Commissioner:

--------------------
From: "casework@ico.org.uk"
Date: Thursday, 7 June 2018 at 10:46
To: Peter Silverman - Clean Highways
Subject: Your Complaint about Department for Transport[Ref. FS50751039]

7 June 2018

Case Reference Number FS50751039

Dear Mr Silverman

Your reference: https://www.whatdotheyknow.com/request/u...

Information request to Department for Transport (DfT)

Thank you for your correspondence dated 31 May 2018 in which you complain about the time taken for DfT to carry out an internal review that you requested on 14 March 2018.

The right to complain to the Information Commissioner is given under section 50 of the Freedom of Information Act (FOIA). However, a complaint may be deemed ineligible under section 50, if for example:
• There is an undue delay before bringing a complaint to our attention, or;
• You have not exhausted any complaints procedure which is provided by the public authority.
Before accepting complaints, the Commissioner requires complainants to allow public authorities the opportunity to respond to their appeal for a review of the handling of or decision regarding their FOI request.

Although there is no statutory time set out in the FOIA within which public authorities must complete a review, the Commissioner has issued guidance on this matter. The Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review, and in no case should the total time taken exceed 40 working days.

I have written to DfT to provide them with a copy of your request for internal review and recommend that they issue you with an internal review decision within 10 working days from the date of receipt of our letter. I enclose a copy for your information.

From my letter to DfT you will see that significant or repeated unreasonable delays in dealing with internal reviews by public authorities are monitored and where appropriate further action may be taken.

This case has now been closed, however if you do not receive a response within 10 working days please contact us quoting the reference number on this letter.

If you remain dissatisfied after having exhausted DfT’s internal review process and would like us to look into the matter, please contact us quoting the reference number on this letter and providing us with a copy of the internal review decision.

If we can be of any further assistance please contact me on the number below, quoting your case reference number. You may also find some useful information on our website at www.ico.org.uk.

Yours sincerely

Anjum Iqbal (Mr)
Case Officer
Information Commissioner’s Office

0330 414 6239

----------------------- Attachment :

7 June 2018

Case Reference Number FS50751039

Dear Sir/Madam

Your reference: F0015746
Complaint from Peter Silverman

The Information Commissioner has received a complaint from
Mr Silverman stating that he has not received a decision regarding the internal review they requested on 14 March 2018. A copy of the internal review request can be found at: https://www.whatdotheyknow.com/request/u...

Guidance

The Commissioner has issued guidance regarding the time limits on carrying out internal reviews. The Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review, and in no case should the total time taken exceed 40 working days.

A full copy of this guidance is available on our website (www.ico.org.uk) under the Freedom of Information guidance section.

Enforcement

The Commissioner wants to ensure that a complainant has exhausted a public authority’s internal review procedure, but at the same time the complainant should not be unreasonably delayed in having his complaint considered under section 50.

Internal reviews are referred to in the section 45 Code of Practice, and significant or repeated unreasonable delays in dealing with internal reviews will be monitored by the Enforcement team. In some instances regulatory action may be necessary.

More details about the Commissioner’s FOI Regulatory Action Policy are available on our website using the following links:

http://ico.org.uk/what_we_cover/taking_a...

Actions

If it is the case that you have not issued an internal review decision to
Mr Silverman we recommend that you do so within 10 working days from the date of receipt of this letter.

If you have, in fact, already responded to Mr Silverman, and believe that your response should already have been received we would recommend you contact them to confirm receipt if you have not already done so.

If you need to contact us about this complaint I can be contacted on the number below. Please quote the reference number at the top of this letter.

Yours sincerely

Anjum Iqbal (Mr)
Case Officer
Information Commissioner’s Office

0330 414 6239

--------------------------

Chris Taylor, Department for Transport

2 Attachments

Dear Mr Silverman,

 

Please see attached internal review that has been conducted by the
Department. A copy will be forwarded to the ICO. Please accept my
apologies for the delay in responding.

 

Kind regards

 

Chris

 

[1][IMG]          Mr Chris Taylor 
Finance & Business Manager, Private Office

5/22, Great Minster House
33 Horseferry Road, London, SW1P 4DR
[2]Follow us on twitter @transportgovuk 

Please note that all e-mails and their attachments sent by a Private
Secretary on behalf of a Minister relating to a decision or comment made
by a Minister, or note of a Ministerial meeting, should be filed
appropriately by the recipient. DfT Private Office does not keep official
records of such e-mails or documents attached to, or forwarded with, them.

show quoted sections