191212 FoI Claims Related Information

12/12/2019 I wrote to HE ref 100642:

Despite requests/assurances, I have been unable to elicit information for Highways England in the course of usual business regarding the below matters. Indeed, in at least one instance I have been assured you were approaching the contractor for information whereas a recent enquiry suggests not. This is obviously concerning given that Highways England seemingly seeks interest on claim values.

I am therefore left with no alternative but to seek all correspondence between Highway England and Kier highways by use of FoIA in respect of the following:

1. HE112/003/SG148 My ref: X07B860
2. HE/112/006/SG337 My ref: X02A607
3. HE112/009/SG1119 My ref:X01A304 please also supply all information relating to the application of NSoRC rates and consideration of same in this matter
4. HE 112/010/SG504 My ref: W10D000
5. HE112/009/SG830 My Ref: W11D370

With regard to Kier Highways, please provide any and all correspondence concerning what appears to be routine failure to provide information and the agreement for them to do so both with regard to the current contract and when their areas become AD contracts.


15/01/2020 HE response (FOI 100642 refusal)

In reference to the above, you are undoubtedly aware that the information requested will require a review of a vast amount of documentation. The information requested is going to contain a lot of commercially sensitive, legally privileged and personal information that will need to be located in and redacted from the documents under the relevant exemptions. Therefore, Highways England is treating this request as vexatious pursuant of Section 14(1) whereby it would impose a grossly oppressive burden on the Company to review and prepare the information for disclosure.

Therefore, please take this response as a refusal of your request under Section 14(1). Please note that Highways England reserves the right under Section 17(6) of the Freedom of Information Act 2000 to not issue further refusal notices for requests on this subject matter that are received following the issue of this response.


15/01/2020 – request IR copied to WDTK 28/01/2020. To Highways England Company Limited,

Further to my request for an Internal review 15 January 2020 20:24
Freedom of Information request reference: FOI 100642

It is preposterous to state the information requested will ‘require a review of a vast amount of documentation’ or that it will ‘contain a lot of commercially sensitive, legally privileged and personal information’.

The information is the exchanges between your Green Claims Department and your contractor. These are exchanges I am told have occurred and in respect of which you are awaiting responses. However, with regard to one matter, I was advised by a handler the information had been sought, by another that it had not. More information can be found here
https://www.englandhighways.co.uk/who-is-…
I trust my clarification results in prompt disclosure of the information