190907 Independent Complaints Assessor (ICA) Referral Request

Sent: 07 September 2019 10:08
To: Jim.O’Sullivan @ highwaysengland.co.uk
Cc: Colin.Matthews @ highwaysengland.co.uk; HLCComplaints @ highwaysengland.co.uk; tom.tugendhat.mp @ parliament.uk>
Subject: request for referral to an Independent Complaints Assessor (ICA). Highways England Response – Ref: Stage 2 Complaint 19149779

Dear Mr O’Sullivan,

1. It is evident you are treating me unfairly, with bias and discrimination. For example, you are selective in your FoIA responses and conversations; obstruct requests for updates of the complaint but engage with regard to the assistance I am providing about your new schedule of rates.

2. You have issued incorrect, poor or misleading advice / information to me and others with whom I am liaising.

3. You have repeatedly failed to give information or are selective in what is supplied. For example, you address some issues but when I seek explanation or correct your replies, I am met by silence; you appear to ‘take the fifth’.

4. You have made serious mistakes with regard to administration (which is poor or non-existent) of contracts, the charging of Third Parties and failed to protect the public purse. You have accepted false information from your contractors and failed to investigate same.

5. I remain very concerned 175 FoIA requests / reviews between 2013 and 2018 were the subject of false responses; whilst I believe this claim further evidences deceitful conduct if (which I do not accept) it is untrue, I question how this could not demonstrate gross negligence; false FoIA responses, a failure at contract instigation to agree rates and an ongoing failure when this was (or should have been) discovered when I first raised the alarm 10/2015 and subsequently evidenced the conduct at a meeting 21/06/2017.

6. Seemingly, you failed to ensure that there was a schedule of rates on any ASC (contract) but have misled in respect of this and allowed your contractors to do so, in your name.

7. Your staff behaviour is inappropriate, as is that of your contractors who act in your name – a fact your acknowledged and accepted when we spoke. Your staff make false statements about me and circulate untruthful hearsay.

8. You are aware a Judge has already commented on the inappropriate conduct of your Authority yet you have failed to address the behaviour.

It appears Highways England are compromised to such an extent that you are unable to operative effectively. The conduct I have encountered appears intended to protect those acting improperly.

Please acknowledge receipt of this email and the process for escalation; when this will occur and by when I can anticipate a response.


09/09/2019 From: tim.reardon @ highwaysengland.co.uk
Subject: RE: request for referral to an Independent Complaints Assessor (ICA). Highways England Response – Ref: Stage 2 Complaint 19149779

Dear Mr Swift

I acknowledge receipt of your email. We will respond to you in due course.

Yours sincerely

Tim Reardon

Tim Reardon
General Counsel
Highways England


18/09/2019 To: tim.reardon @ highwaysengland.co.uk
Subject: RE: request for referral to an Independent Complaints Assessor (ICA). Highways England Response – Ref: Stage 2 Complaint 19149779

Dear Sirs,

I am disappointed to note that you have failed to respond to me within a reasonable time. Therefore I now request that the matter be passed to the ICA.

Yours faithfully,

P. Swift