Stockport Council News

Information Commissioners Office (ICO)

Please find the response from the Stockport Borough Council, who have refused my FOI request under section 14(1) vexatious. I now wish to elevate this complaint to the ICO.

The full history of my FOIA request is available at the Whatdotheknow website.

Please also be mindful that I have been corresponding with the SMBC Solicitor Mr Barry Khan for the past 6/7 months and he has not suggested my requests are vexatious.

SMBC have stated they are not prepared to review their vexatious decision which, I believe, is in violation to the FOIA 2000. In actual fact, I am unable to elevate my complaint to the ICO until the SMBC have reviewed their decision, but it would appear the SMBC FOIA manager, Mr Oldfield, is somewhat cavalier.

I am also very concerned at the statement below from the SMBC:-

“providing a channel for unauthorised investigations into the legality of building constructions by members of the public”.

My understanding of the FOIA 2000 is that a request is both motive blind and applicant blind; hence, it would appear the SMBC are treating the requester as vexatious NOT the request.

I am also at a complete loss how they can claim my request for Lightning Protection Test Results is vexatious, because they sent me the test results yesterday! It would appear to me that the left hand of SMBC don’t know what the right hand is doing.

With thanks

Yours sincerely

Alan M Dransfield

1.This report confirms remedial works have been undertaken. What remedial works and why were remedial works required on a brand new school?

2. The report claims there are 25 # down conductors but only 23 conductors were tested?

3.The average test results are 46 Ohmms, which is non- compliant to the BS/EN 62305.2008.

4. There appears to be a huge ohms resistance variance reading between the 23 test points, which is most strange!

5. The report comments at the bottom of the page are most disconcerting:- “the system has been returned to a safe and serviceable condition.” which suggests the system was unsafe and not serviceable before the test. Sub-standards LPS?

Dear Mrs Oliver,

I am writing in response to your request for information (ref FOI 6799).

The relevant Council Service(s) has searched for the requested information and our response is as follows.

What exactly is “refund of liquidated damages deducted for Vale View School Project”?

‘Under the building contract, the employer is entitled to deduct liquidated damages in the amount specified in the contract documents from payments due to the contractor. This sum is expressed as £/per calendar week or pro rata thereto and is deducted where the contractor fails to complete the works by the contract completion date or any extended date that may be awarded under the contract. Vale View had a damages figure of £16,800 per calendar week and at the point of deduction the contract had overrun the completion date by 2 weeks and 2 days. Requests by the contractor for extensions of time to the completion date are allowed under the terms of the contract which are then considered by the Employers Agent. A request for an extension of time was received following the deduction of damages which was subsequently approved by the Employers Agent for the full period of 2 weeks and 2 days. The result of this extension to the original completion date was to reimburse the contractor the amount of damages previously deducted being the sum of £38,400.’

Question –

Why have I paid BAM £60,361.02 for construction work in October 2012 when the school has been opened well over a year?

Answer received – 13/03/13 at 15.31

Dear Mrs Oliver,

I am writing in response to your request for information (ref FOI 6704). The relevant Council Service(s) has searched for the requested information and our response is as follows.

The payment is part of the ongoing process of settling the contract final account. This interim payment of £60,361.02 includes the valuation of the following items:

1. Additional works to reception area

2. External works delayed/postponed due to weather/time of year

3. Firming up final costs within the account