FoIA Requests

Freedom of Information Act requests relating to Public Authorities & their contractors – for general information about the FoIA – click here & hereNote: common refusal may be:


Also consider the Local Government Transparency Code 2015 – 150227_PUBLICATION_Final_LGTC_2015


In the main the following have been located on www.whatdotheyknow.com, sent to this site or submitted by those associated with this site. 

  • Note: should you wish to make a request of a Public Authority we would suggest using ‘WhatDoTheyKnow‘ as this places the request and reply into the public domain.  We would appreciate being advised of any request you make – click here to emailFor a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff – source: ICO.
  • When asked whether or not information relating to contractors and green claims is held by Highways England, they have referred to outsourcing-and-freedom-of-information citing the following:  

“Information is held by a public authority if it holds it to any extent for its own purposes. Information is also held by a public authority, in terms of FOIA, if the contractor or another party holds it on behalf of the authority. The contract is the main source to use to decide this.”

This issue has been raised at:

08/12/2017 – Sub-Threshold Information & FoIA 

Re: 05/01/2016 at: https://www.whatdotheyknow.com/request/s…  ,following FoIA requests*, statements* made by a contractor and information imparted to Courts* that:

1) the information is held as part of a contractual relationship
2) the public authority has access to, or use for the information
3) it appears the public authority controls access or provides direct assistance at its own discretion in creating, recording, filing or removing the information
additionally, you have stated:
4) ‘our contractors do not need to ask the permission of the Secretary of State prior to launching legal action’.

‘4’ is incorrect* as evidenced by many matters now appearing before Courts.

It therefore appears information is held by a Public Authority.

I ask to be provided all information that gave rise to the 05/01/2016 response; the source, references and information received that led to the four points in the above stance being presented


13/11/2017 – Lump Sum funding

Please provide me with a breakdown of the annual total LUMP SUM payments to each of your Area Contractors for each of the following years

2009/10 – 2016/2017 (actual)
2017/18 – 2019/20 (projected)

Please group the figures for the DBFO Areas separately from those of the other Areas. As the LUMP SUM payments cover the maintenace of highways (i.e. land) it is I beleive environmental information and subject to the EIRs.

Figures here as Excel- Lump Sum funding

 


08/08/2017 FOI 751 899 – Costs 

Thank you for your Freedom of Information (FOI) request dated 16 May 2017 asking for
additional information in relation to your previous FOI request (ref: 738,640). I apologise
for the delay in responding to your request.

In your email you asked for the following information:

you told me FOI 738,640 the ASC is not prescriptive as to the methodology to be
adopted by the service provider. The specific processes have been developed and
evolved between the insurance industry and our service providers to provide improved
granularity and consistency required. It was found that the 1153 number was used by
KHL as a basis for averaging some cost elements

the ASC is prescriptive as to the methodology to be adopted by the service provider.
send me all information you have about this. send me all information that you have
about The specific processes have been developed and evolved between the insurance
industry and our service providers to provide improved granularity and consistency
required. Send me all information you have about It was found that the 1153 number
was used by KHL as a basis for averaging some cost elements

I can confirm that we do hold the information relating to the methodology to be adopted
by service providers. However, under Section 21 of the Act, we are not required to
provide information which is already reasonably accessible to you. The information you
requested, relating to various ASC contracts, has been made available through previous
FOI responses:

https://www.gov.uk/government/publications/asset-support-contract-annexes-foi
https://www.gov.uk/government/publications/area-13-third-party-charges-foi
https://www.gov.uk/government/publications/asset-support-contract-foi
https://www.gov.uk/government/publications/technical-validation-clarification-for-assetsupport-contracts-foi
I attach a leaflet provided by one of our service providers (Kier) as an example of where
our service providers have attempted to provide improved granularity and consistency

In our response dated 30 July 2016 (ref 738,640) we fully explained the reasoning
behind the 1153 number and the revision of its use. Below is the relevant extract from
that response, for ease of reference:

“With regard to the stated “1153 method”, the number 1153 relates to the assumed
amount of third party claims as stated in the Area 3 tender documents. This was a
notional number that the tenderers used to build up their tender submission for the sub
£10,000 claims. It was not envisaged as the actual future number of claims but simply a
benchmark for submitted tenders by Highways England.
It was found that the 1153 number was used by KHL as a basis for averaging some cost
elements. As stated, this process has now been reviewed and revised. For clarity, it is
understood that any contentious or unsettled claims – priced under the old methods –
have been resubmitted under the new process, as agreed with the insurance industry.
Please note these are private matters between the service provider and the third
parties’ insurers.”


26/05/2017 to Highways England – Explanation of Defined Cost and Uplift

Under the freedom of information act I am requesting the following information from you. I am informed as below regarding the construction of invoices. Please let me know 
– What are defined costs, who calculates these, what is the calculation, what is the defined cost 
– What are the uplifts to Highways England and Third Parties who calculates these, how are they calculated, what is the calculation. What is the uplift 
– How is compliance with the process monitored? 
– Is the process complied with? 
– what reports of noncompliance been made and what investigations undertaken. A copy of the reports. 
Please give me a full explanation.

  • 21/07/2017 – Response from Highways England: 

Information relating to some points, outlined below, is being withheld under the exemption in Section 43(1) and (2) of the Freedom of Information Act 2000 because information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).

  • 19/11/2017 – request for internal review

17/04/2017 to Highways England – Third Party Claims

For what areas do the Highways Agency handle under 10k claims against drivers
When will the highways agency handle all claims in house?
what areas have the arrangement appendix A or annex 23 process
how does the ageny ensure compliance with the contracts that have it

Response – click here

Conflicting response received. 


13/04/2017 – Request for VRM Data

I am informed your contractors Kier Highways Ltd submit records to Highways England regularly about their attendance at DCP incidents. for the period 01/01/2015 to 01/04/2015, I ask to be provided all information held relating to incidents which the following VRM’s were associated:

WR14FNA
WP14XHZ

for the period 01/08/2015 to 01/01/2016, I ask to be provided all information held relating to incidents which the following VRM’s were associated:

KN15RKA
KY15RKA

14/09/2017 – Information not provided and placed to WhatDoTheyKnow web site.  Information was not provided and the matter escalated tot he ICO

04/12/2017 – the ICO wrote to Highways England: 

Our reference FS50712103 – https://www.whatdotheyknow.com/request/request_for_vrm_data 
 
The Information Commissioner has received a complaint from Mr Vardon who says that no response has been sent to an information request submitted to your organisation on 13 April 2017, which you have acknowledged as received on 18 April 2017.  My Vardon clarified his request on 13 May 2017.  The correspondence is on the WDTK website, above.
 
Anyone has a right to request information from a public authority. Any public authority in receipt of such a request is under a duty to tell the applicant whether you hold any information falling within the scope of their request; and respond within 20 working days of receipt. As you have not responded to this specific request and you have received it, please now respond within 10 working days of receipt of this email.
 
You should state whether or not the information is held in a recorded form. If it is held, you should either provide the information or issue a refusal notice in accordance with the requirements of section 17 of the Freedom of Information Act or regulation 14 of the Environmental Information Regulations as appropriate. You can find more information on refusal notices contained in the guidance issued by the Commissioner which is available at:
 http://ico.org.uk/for_organisations/freedom_of_information/guide/refusing_a_request
 In the event of other, similar complaints, the Commissioner may consider taking enforcement action under section 52 of the Act.


07/03/2017 to Highways England – Area 9 Defined Costs & Third Party Claims OverheadPlease provide:

  • The Defined Costs
  • The Third Party Claims Overhead And: 
  • Define ‘third party’ and confirm that ‘third party’ extends to drivers, fleets and insurers i.e. anyone other than Highways England. 
  • Explain how Highways England believe a third party can be satisfied an invoice presented by the contractor is calculated in accordance with the contract (Appendix A – above) if Defined Costs are not disclosed; how can a third party make an informed decision 
  • Detail what action Highways England have undertaken since the commencement of the contract (07/2014) to ensure the contractor complies with the this Appendix and charges no more than detailed above i.e. the Total Defined Cost for Items (a), (b) and (c) + Third Party Claims Overhead. 
  • Disclose any instances uncovered where the contractor has not acted in accordance with Appendix A (above) and the action taken. 
  • Provide all exchanges (to and form) with the contractor on the subject of their pricing / invoicing process.

response continued here


02/03/2017 – Highways england Company – Third Party Claims Defined Cost

How do the claims costs and overheads differ by contractor, date and area in the United Kingdom


20/02/2017 – Highways England – Contractor Claim Information Sent

What information do your contractors send you each month about under threshold claim incidents. I am not seeking the data year on year (https://www.whatdotheyknow.com/request/g… but the fields / data headings that you are provided and the extract from the contract that specifies what must be sent, when and in what format.


09/02/2017 – Highways England Company – ASC Annex Appendices:

The information I am requesting is the latest ASC contracts where they are used in Areas for each area. I have noted the web archive and the contacts available on line but these don’t give the amendments since 2011 and I have seen an appendix to an annex that does not appear in the archive. I am asking for the appendices for all areas.


09/02/2017 – Highways England

 all of the information relating to the issuance, possible referred to as ‘technical validation clarification’, for successful tenders in respect of [Asset Support Contract] ASC contracts assigned since their introduction.  

  • The rates stated to be used by each contractor for each contract
  • All queries raised
  • All responses provided
  • All additional queries / responses to conclusion

With regard to Area 10, [you were] seeking all post 05/04/2012 exchanges that ultimately led to agreement and copy of the outcome.

response continued here


06/02/2017 – TfL – Contract, Claims, Service Information & Claims Handling Procedure

The £10k threshold applies to work carried out as a result of 3^rd party damage. The contractor can seek reimbursement from the 3^rd party. The contractor is not obliged to use contractual prices when seeking reimbursement from 3^rd parties

  • *how do the rates differ.
  • *what does the contract say about the rates that can be used and how the contractors must conduct themselves
  • *what is the service information – i am seeking a copy
  • * what is the claims handling procedure – i am seeking a copy

20/02/2017 to Highways England – Contractor Claim Information Sent:
What information do your contractors send you each month about under threshold claim incidents. I am not seeking the data year on year (https://www.whatdotheyknow.com/request/g… but the fields / data headings that you are provided and the extract from the contract that specifies what must be sent, when and in what format.


20/01/2017 to TfL – London Highways Alliance Contract

in 2014 the London Borough of Hammersmith and Fulham ruled out using Transport for London’s London Highways Alliance Contract in the short-term. why?

i ask to be provided all information:
presented in support of LoHAC
the considerations to use or not to use
the decison not to use LoHAC
any subsequent submissions and consdierations


26/08/2016 to TFL – Contract & Pricing

please provide a copy of the contract with Kier Highways Ltd. I have seen that highways England have done so.

are the rates Kier Highways Ltd charging TFL for repairs to highways England the same as the rates Kier Highways Ltd charge third parties such as drivers who hit barriers or lamps etc.? if not, why not – please provide all information you hold about this?


15/06/2016 to Highways England – Lumpsum Lump Sum Pay To Contractors:
“I would like to be sent for 2016, 2015, 2014, 2013, 2012 & 2011, information For each road area I am asking The name of the contractor. The lump sum paid to the contractor. How often and when the payments are made. What the payments cover. Copy of the contract where this is agreed”.

response:

the spreadsheet detailing the lumpsum payments to contarctors – a breakdown under various tabs – can be viewed here – Copy of FOI 739465 Data-2

zip file of request – lumpsum_lump_sum_pay_to_contract

“Is it legal at all to charge the insurers for the damage that has been caused?  Response:


23/05/2016 to Highways England – Charges to HIGHWAYS ENGLAND:
What rates are Kier Highways charging to Highways England and others when fixing roads. Are the rates the same if the rates are the same there would be no reason to keep these secret. If they are different, why would they be.”


06/03/2016 to Highways England – Pricing Methodologies

How many pricing methodologies has Kier Highways Ltd used over the past 5 years when charging Highways England for ad hoc work or when repairing damage to the highway, barriers or signage?
What were the pricing methodologies?
When did they come into effect?
What increases in charges have been agreed year on year?


04/01/2016 to TfL – Charges for Highway Restoration

hydraulic fluid spill


22/09/2015 to Highways England – Red Claims Made & Paid

I believe a ‘red claim’ is a claim made against Highways England or their contractor. For the past 3 calendar years and for 2015 to date, I ask to be provided the number of red claims received:
a. From or via contractors, broken down by contractor
b. Direct to HE
and for each period:
c. The number of claims dismissed, rejected and
d. The number of red claims where liability has been accepted or agreed
e. The number of claims outstanding
f. The amount paid to claimants
g. The number of claims that have proceeded to Court.


22/09/2015 to Highways England – Model Services Contracts

With regard to the areas overseen and maintained by contractors, please advise by reference to the area number:

1. When each contract was last renewed
2. When each contract is due to be renewed
3. Which contracts are ‘Model Services Contracts’

In the events Model Service Contracts are not employed, please provide:

4. The contract ‘template’ used
5. All consideration given to the use (and rejection) of Model Service Contracts


10/01/2015 to Highways England – Area 4 Asset Support Contract Setback

With regard to the bid races for asset support contracts in area 4 and the recent decision that will put the award process back by about 18 months.
What concerns arose that led to the decision.
Please supply detailed reasons and all supporting documentation


08/04/2015 to TfL – Hydraulic Oil Spill Clear-up


13/03/2013 to Highways England –  Freedom of Information Request regarding our Green Claims procedures – click here