From: alan dransfield
Sent: 15 January 2016 06:03
To: Civil Appeals – CMSC
Cc: Richard Bailey; GRC@hmcts.gsi.gov.uk;
govem@parliament.uk
Subject: Dransfield v ICO Isca College. URGENT
Upper Tribunal
Attn Judge S Wright
As you are aware, you adjourned the video conference hearing
from the Exeter Crown Court on Dec 5th to await the outcome of the Supreme
Court decision on SCUK/2015/0173 Dransfield v ICO.
This decision has now been released; please find your copy.
I now look forward to a rescheduled hearing to establish if
I have grounds for a full oral hearing. I would argue there is no need for a
rescheduled hearing and we should go directly for a full hearing in the view of
public costs.
Four (4) other important issues,I would ask you to
consider:-
1. Please see the press release ref Balfour Beatty schools up north which supports my allegations of life threatening dangers at Exeter PFI
schools.
2. I wish to make a formal application for the UT to request
a copy of the As Built Health and Safety Manual for the ISCA College in a closed session.
3. The ICO is reliant upon their vexatious guidelines dated
Sept 2014. This is unlawful because my FOIA request is dated April 2009; hence
the ICO Vexatious guidelines dated 2009 are the correct guidelines.
4. The ICO is reliant upon Judge Wikeley’s decision under
GIA/3037/2011 Dransfield V ICO which again is an unlawful precedence as it is
post dated.
I look forward to receiving a full oral hearing date from you.
May I take this opportunity in advising you the First Tier Tribunal have
leap-frogged another FOIA case of my EA/2015/0274 directly to the Upper Tribunal, which
I maintain is unlawful. There has been no hearing or decision on this case by
the ICO
With thanks
With thanks
Yours sincerely
Alan M Dransfield
“Knowsley Council is investigating alleged problems with fire
protection at eight PFI schools built by Balfour Beatty under the Building
Schools for the Future programme.
According to a report in the Independent on Sunday, a kitchen
fire at one school, Knowsley Park, led to a review of fire-proofing at all
eight schools, which found problems at all of them.
In the fire, smoke spread into an adjoining stairwell. If the
blaze had been more serious, the IoS says, the smoke could have affected
children evacuating the building.
Knowsley Council has said that urgent work is now being carried
out to rectify the fireproofing issues around the eight schools, including
problems with mechanical dampers.
In a statement it said: “As a result of the issues at Knowsley
Park, surveys were commissioned to cover all of the PFI school estate, which
has found similar issues. A detailed programme of work has been agreed with
Merseyside Fire and Rescue Service to resolve the issues and this is being
expediently implemented.”
In August last year, as part of its divestment programme,
Balfour Beatty sold Transform Schools, the PFI vehicle it set up to build the
Knowsley schools, to investment firm Dalmore for £42m.
Knowsley council found problems at all eight of its PFI schools,
including Halewood Academy (above)
A spokesman for Dalmore said: “Transform Schools (Knowsley) is aware of issues
with the integrity of the passive fire safety provisions across the PFI estate
having carried out surveys of all facilities. The company is now working with
our supply chain to rectify all issues. All costs associated with the works
will be borne by the private sector contractors. The Fire Authority and the
council’s corporate health and safety team have confirmed that the schools are
safe to occupy and remain open.”
In a statement, Balfour Beatty said: “Balfour Beatty is working
with Transform Schools (Knowsley) to an agreed programme of works to rectify
known issues with the fire safety provisions.”
Construction Manager has sought comment from both Knowsley
Council and Balfour Beatty.
According to the IoS report, Knowsley Council had also been
alerted to the possibility of problems at its schools after a Channel 4 news
programme last year examined a variety of problems at the Queen Elizabeth
Hospital in Birmingham, also built by Balfour Beatty.
Faulty fire doors in every building type and every sector
The programme apparently uncovered a series of problems with
fire dampers, alleging there were problems with maintenance, testing and
access. It cited a report which contained “images of a damper sealed with tape,
one propped open with a piece of metal, preventing it working in a fire, and
others built into the wall so they couldn’t be accessed for testing.” Under
health and safety law, fire dampers have to be tested every 12 months.
Channel 4 quotes a statement from Birmingham and Solihull Mental
Health NHS trust acknowledging that when the Queen Elizabeth opened in 2010, it
was made aware that Balfour Beatty “needed to improve access arrangements for
BBW [Balfour Beatty Workplace] staff to maintain fire dampers”.
It added: “A programme of works was provided, which commenced in
2010 and were completed in 2011. No payment for these works has been made by
the Trust.”
The programme went on to allege that technical defects were a
particular issue in PFI projects, due to the nature of the contractual
relationship with clients.
Meanwhile, the BBC reported last week that Carlisle’s Cumberland
Infirmary, built by Amec under the PFI and opened in 2000, is also experiencing
problems major problems with fire-proofing and other issues with substandard
workmanship at the project.
North Cumbria University Hospitals NHS Trust said it had
uncovered “major flaws” in elements of the hospital’s construction and had
“deep concerns” over materials used in the £67m hospital.
Chief operating officer Helen Ray said that problems related
specifically to fire proofing materials used, which she said did not meet
required standards to allow for safe evacuation or prevent fire from spreading
in the building. Further work would mean some patients being moved to temporary
wards to be built in the hospital grounds.
PFI firm Health Management
Carlisle Limited had declined to comment to the BBC on the trust’s claims.”
