200724 Complaint re Approaches to Kier Highways

24/07/2020 to Highways England

Dear Sirs,

I refer you to the information disclosed in response to an FoIA request here:


the matter is with the ICO, I believe you have failed to provide all information, that you have withheld information.

However, additionally and separately, assuming that, with regard to this matter you will deny withholding information, I wish to raise a complaint about the conduct of the matter and that I have been repeatedly misled by your handler that information was being sought from Kier yet at no time was this the case. It appears the intention was to wear us down, mislead and obstruct. The conduct appears less than honest, deceitful, potentially intended to cause loss to us or our client or to expose us to a risk of loss.

Your FoIA response revealed 3 emails related to this matter concluding 05/11/2018. Yet after this, we were repeatedly assured information was being sought, would be forthcoming. If you have not withheld information, if the emails provided are the extent of the exchanges, it appears your handler, Omar Hussain was misrepresenting facts. A brief extract from the post 11/2018 history is as follows:

20/12/2018 we received an email from the HE handler:

We have finally received some information from our service providers

It appears this was the info’ set to HE 05/11/2018

We wrote ‘it appears some pre-existing damage was attended to at the same time’.

21/12/2018 the HE handler wrote:

What I will do on this case is forward your views to our service provider and await for their response and also give you some time to review the excel documentation,

But the FoIA request did not result in the release of any other approach to Kier.  The suspicion is that the handler was trying to settle the matter without approaching Kier, possibly knowing there were problems and / or they would not respond.

We continued to chase.

14/01/2019 the handler was still giving us the impression he was awaiting Kier information writing

‘I have diarised my case for a month before I look to chase’

but the FoIA response indicates no request had been made.

04/02/2019 the HE handler wrote

‘I have not yet received an update from the contractors, I have chased them today for an update’.

But the FoIA did not reveal the approach or chase.

02/04/2019 having written to HE the handler responded

‘I will forward this on to the service provider and see if I can obtain any further information’.

But the ‘forwarding’ email has not been supplied in response to the FoIA request.

And so this continued!

Please, confirm that the information supplied is the extent of the emails and explain the conduct and the claim handling, monitoring that occurs (or fails to occur) such that your handler could misrepresent facts with such ease. This is one of several such matters and gives me cause to believe this is either common practice or that I am being treated prejudicially.