NSORC & Transparency

24/06/2019 – Highways England state:

‘It has been apparent for some time that insurers consider the pricing of Green Claims in individual cases to lack transparency’.

‘The Schedule, which also shows the costs of the most common materials, will simplify the process for all parties, make the pricing of Green Claims much more transparent, and should reduce considerably the effort and resources currently spent challenging costs in order for insurers to get comfortable that they are not paying too much.’

‘We want to get this right and so we will take time to understand any issues the new approach presents for any party and iron out any wrinkles in the process. This is not a negotiation however and we will only make changes that clearly aid simplicity, fairness and transparency.’

Transparency, in a business or governance context, is honesty and openness. Transparency and accountability are generally considered the two main pillars of good corporate governance. (source).

2013, For 5 years, Highways England sought to keep secret their DCP Rates stating they were ‘held‘ by ‘commercially sensitive‘.  We have long argued that commercial sensitivity was inappropriate when applied to DCP Rates; those charged to Third Parties.  It makes no sense to us.

20/07/2018, Highways England made a ‘statement of truth’ setting out 175 rate-related requests they had received between 2013 and 2018, 57 of which originated from CMA.  Whilst their math is awry, this is a substantial number of approaches rebuffed with ‘held’ but ‘sensitive’ i.e. they would not be released.

21/11/2018 Area 10 Tribunal Appeal Reference: EA/2018/0104.

The statement of truth

07/2019 We spoke with the NSORC team and were assured a breakdown fo the composite rates would be provided

07/2019 We spoke with Highways England’s NSORC team and General Counsel and were assured information would be provided.

12/08/2019 – having not received the information requested to enable us to better understand and advise our clients about NSORC, we made a FoIA request for the information that was to be supplied.  The request can be found here.

The request ‘National Schedule of Repair Costs for Network Damage reference number FOI 100236’, was acknowledged.

Thank you for your request for information about National Schedule of Repair Costs for Network Damage dated 12th August. I am dealing with it under the terms of the Freedom of Information Act 2000.
The due date for issuing a response is 10th September 2019

11/09/2019 – having received no response we asked when the information could be expected.

12/09/2018 – we sought an Internal Review.

09/10/2019 we received an alert from the WDTK web site:

Highways England Company Limited are long overdue. They have not replied to your FOI request 24/06/2019 National Schedule of Repair Costs for Network Damage (Green Claims), as normally required by law.

We reported the failure to supply information to the ICO.