181205 FoIA 767, 652




I am writing to confirm that we have now completed our search for the information, which you requested on 13 November 2018.


Please find below details of the information you requested and our response:


Q1      In light of the release, your ref 759,064, could you either explain how / why my request differs and if it does not, provide me with the information.


A1      The two schemes on the M3 between J2-J4a and J9-J14 are Major Project Smart Motorway Schemes and not Asset Support Contracts which include for Damage to Crown Property repairs.


Q2      What can you provide me?  Previously information has been provided for some operatives, plant and materials rates by your General Counsel and in response to FoIA requests.


A2      The judgement in EA/2018/0104; Philip Swift vs ICO and Highways England Company Ltd explains clearly why the information you continue to seek is commercially sensitive, not relevant to Damage to Crown Property repairs and not comparable with cost information that has been provided to you.


If you are unhappy with the way we have handled your request you may ask for an internal review within 2 months of the date of this response for Freedom of Information requests and within 40 days for Environmental Information Regulations requests.

Our internal review process is available at: https://www.gov.uk/government/organisations/highways-england/about/complaints-procedure


If you require a print copy, please phone the Information Line on 0300 123 5000; or e-mail info@highwaysengland.co.uk. 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





If you have any queries about this letter, please contact me. Please remember to quote reference number 767, 652 in any future communications.


Yours sincerely



Commercial and Procurement Team

Highways England