Storm Damage, Claims And Compensations

Monday, 15 February 2016
Reference
2016011827000046
Category
Request Date
Monday, January 18, 2016
Response Date
Monday, February 15, 2016

Question

1. A complete list of all inactive assets from January 2005 to present date as held by the local authority.
2. The total cost of all the insurance handlers - how many were there then and are still current from 2005 to present.
3. How many complaints have been raised in COurth against the local authority since 2005 to present date and all the individual files.
4. What cost have the local authority incurred in defending all individual cases.
5. What award against the local authority have been made both in total and individually.
6. How many storm damage claims have been registered with the local authority both total and individual claims.
7. Specifically all information regarding Aird Primary Scool since 2005 to present, full disclosure.
8. Total annual premiums payable to Zurich Municipal and total annual payment received by the local authority, full disclosure.
9. What additional funds have been allocated to the Western Isles since 2005 to present date to deal with the storm damage.
10. What allocation of funds have been received by the Point Community since 2005 and where were the funds allocated.
11. How many residents in Point have complained to the local authority regarding storm damage and how did the local authority assist both total and individual cases full disclosure.
12. How many storm damge claims have the council made to all their insurance handlers, specifically Zurich Municipal, both total and individual cases full disclosure.
13. How much the local authority has recovered from insurance handlers for the property of Aird Primary School since 2005 to present date, total and individual claims full disclosure.
14. How much have the following sub-contractors received from the local authority for works carried out at Aird Primary School from 2005 to present date and individual works, full disclosure.
Sub-Contractors
a) Ferguson Plumbing and Heating
b) Alex and John Murray Contractors Ltd.
15. How much is the demolition of Aird Primary School costing, full disclosure.
16. How much has it cost the council to date to defend this action in Court?
17. Given the enormous amaount of information requested what are the projected figures of the cost incurred to fulfill all of the above?

 

Answer

  1. The Comhairle considers this information to be exempt from disclosure because you can reasonably obtain it without asking for it under FOISA s.25 (1).  The information is contained within Reports submitted to the Policy and Resources Committee which are available on the Comhairle’s website: www.cne-siar.gov.uk.The website includes Reports going back to 2007. The Comhairle do not hold the requested information prior to 2007.
  2. Awaiting your response to our request for clarification.
  3. In relation to assets causing damage, 1.
  4. None – they were all dealt with by our insurer as part of our cover.
  5. None
  6. 5
  7. Awaiting your response to our request for clarification.
  8. Awaiting your response to our request for clarification.
  9. On the assumption that you mean government funding the only funding that the Comhairle received was through the Bellwin Scheme and it was activated following the 2005 storm. The Comhairle received about £440k. More information about the scheme can be found from the Scottish Government  website on the following link: http://www.gov.scot/Topics/Government/local-government/17999/Bellwin
  10. Awaiting your response to our request for clarification.
  11. 1, we do not hold records prior to 2011.
  12. 5, we do not hold records prior to 2011.
  13. Incident Date                        Claim Ref                        Type                          Settled

              11/01/2005                         Q14050081008                   Storm                    £ 14,106.49
              17/01/2009                         Q14090081005                   Storm                    £      921.25
              13/12/2011                         Q14120081033                   Storm                    £   3,405.86
              14/12/2013                         Q14140081009                   Storm                    £ 10,655.14
              09/01/2015                         Q14150081004                   Storm                    £130,000.00

  1. Please see the enclosed document.
  2. The Comhairle considers this information to be exempt from disclosure under s30(c) on the ground that its disclosure would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.  That is because the Comhairle will shortly be seeking tenders for the demolition works, and if it were to disclose now what it estimated the cost of those works to be, potential tenderers may become aware of the estimate and may adjust their price accordingly, which means that the Comhairle may not receive best value for the works.  It would also mean that a tenderer who was aware of the estimate would gain an unfair advantage over a tenderer who was not aware of it.  Therefore that would render the procurement process ineffective.  The exemption is subject to the public interest test.  The Comhairle considers that the public interest in disclosing the estimate is outweighed by the public interest in ensuring that the Comhairle can conduct an effective procurement process and obtain best value for the public purse in relation to the demolition contract.
  3. The Comhairle has incurred no direct cost in defending your claim.  It has been dealt with by our insurer as part of our cover.  We have had minimal input of staff time because it has been dealt with by the insurer’s solicitors.
  4. We have provided the information set out above without charge.  Depending on your answers to our letter of 22 January 2016 seeking clarification of various points of your request, there may be a charge for providing the remaining information.