190812 FoI National Schedule Of Repair Costs For Network Damage

12/08/2019 to Highways England Company Limited – FOI 100236

I refer to the information you have provided at ‘Third Party’  in which it is stated:

‘The National Schedule of Repair Costs have been derived from competitively tendered rates from across England. In arriving at the National Schedule of Repair Costs we have taken in to account other information available to us to ensure that they can be substantiated as being reasonable costs.’

I ask to be provided:

1. All rates and other information used to calculate and/or substantiate the schedule provided 24/06/2019.

The online schedule of rates has changed since they were first posted and now display a new set of charges ‘Version 1.1 from 23 July 2019’.

I ask to be provided:

2. All information giving rise to the discovery the original rates were incorrect and

3. All rates and other information used to calculate and/or substantiate the schedule appearing ‘Version 1.1 from 23 July 2019’

I ask to be provided:

4. All information about the rates you, the Authority, will be pay; whether they are identical rates to those a Third Party is to be charged and if not, how this differs and why.

5. all exchanges with your contractors regarding the new process.


From Highways England:

Thank you for your request for information about National Schedule of Repair Costs for Network Damage dated 12th August. I am dealing with it under the terms of the Freedom of Information Act 2000.

The due date for issuing a response is 10th September 2019.


11/09/2019 to Highways England Company Limited,

You have written:

‘Subject: National Schedule of Repair Costs for Network Damage reference number FOI 100236

Thank you for your request for information about National Schedule of Repair Costs for Network Damage dated 12th August. I am dealing with it under the terms of the Freedom of Information Act 2000. The due date for issuing a response is 10th September 2019′

When can I expect to receive the information?


12/09/2019 to Highways England Company Limited,

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 ’24/06/2019 National Schedule of Repair Costs for Network Damage (Green Claims)’.

You have provided no information nor indicated by when I can expect this.


11/10/2019 to Highways England Company Limited

I sought an internal review 12/09/2019 having not received a response to my FoIA request.
20 working days have passed and I remain without the information. Please advise by what date I can receive the information and Internal Review.


18/10/2019 – response received but …. 

25/10/2019 from Highways England Company Limited

My apologies that this internal review was sent to the wrong WDTK e-mail thread


25/10/2019 to Highways England Company Limited

Understood, these things happen. But I am still waiting a response to the IR on this matter – I sought an internal review 12/09/2019 having not received a response to my FoIA request.
Please advise by what date I can receive the information and Internal Review.

28/10/2019 From the ICO:
 ICO Case Reference Number FS50880989

Thank you for your correspondence of 9 October 2019 in which you complain about the above public authority’s failure to respond to your information request.

When considering complaints about delayed or failed responses to information requests our priority is to ensure requesters receive a response as quickly as possible where one has not been provided, and to monitor any persistent trends which might indicate that a public authority is routinely failing to respond within the statutory timeframe.

We will use intelligence gathered from individual cases to inform our insight and compliance function. This will align with the goal in our Openness by design strategy to improve standards of accountability, openness and transparency in a digital age. We aim to increase the impact of FOIA enforcement activity through targeting of systemic non-compliance, consistent with the approaches set out in our Regulatory Action Policy.

I have written to the public authority reminding them of their responsibilities and asking them to respond to you within 10 working days of receiving our letter.

If you do not receive any response within 10 working days, please contact us.

The late response will be recorded and as described will form part of our on-going activity to consider the performance of public authorities and the FOIA.

The Commissioner does not need to serve a decision notice in an individual case in order to use that case as evidence for future enforcement action. Should you wish the Information Commissioner to issue a decision notice for your specific complaint we are able to do so.

If the public authority responds and refuses to release the information you have asked for and you are dissatisfied, you may, after exhausting their internal complaints procedure, complain to us again.

Thank you for bringing these concerns to the attention of the Information Commissioner.


11/11/2019