Our Ref:         FOI-1909-1718 / FOI-2448-1718

Thank you for your requests received on 16 October and 26 November 2017 asking for information about Kier Highways and our LOHAC contractor charges to third parties.

Your requests have been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require.

However, we are refusing your requests under section 14(2) of the Act as it is a repeated request.

The ICO’s guidance includes a number of indicators that a public authority may take into account when determining whether a request is vexatious. We consider that the CMA requests display characteristics of two of these indicators in that they show unreasonable persistence and impose an unreasonable burden on the authority. Much of the information you have requested in your two latest requests has previously been requested and refused and we believe that were we to respond we would be repeating the arguments that we have already clearly stated.

Please find our response below to the parts of your requests that we have not previously answered:

2. The Service Level Agreement (SLA) for Kier’s response time to emergency incidents and the SLA for Kier to remedy / repair damage following an emergency incident
3. The coverage Kier are to provide for attending emergency incidents i.e. whether this is 24/7 or otherwise

The Contractor shall:
i) Provide and operate an emergency call out service 24 hours per day, every day from the Starting Date throughout the duration of the contract. The required
response time shall be one hour for carriageways on Strategic Routes and two hours for all other parts of the Network.

2.0.4.3 The response to defects identified as Cat 1 response requires the defect to be either: a) temporarily repaired within 24 hours; b) permanently repaired
within 24 hours; or c) made safe within 24 hours. The choice will depend on two factors: a) the nature of the defect and whether the Contractor can source the plant and materials required for completion of a temporary or permanent repair within 24 hours; and b) an assessment of the overall disruption caused to road users of each of the three options.

8. The shifts the staff are engaged for by each contractor i.e. whether 24/7 weekdays, stand-by roster of a weekend etc

Control Room Staff                          24/7
Emergency Works Crews               24/7
Supervisors                                       7 days & Standby out of hours.
Office Staff                                        Week day office hours (07:30 to 17:30)

We apologise that we are unable to assist you on this occasion.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]