Freedom of Information Act / Environmental Information Regulations Request
Reference: ECC20155509 04 26
Response: 30 April 2026
I can confirm that Essex County Council does hold some of this information, and where we are able to release this, our response is listed below.
This request is made under the Environmental Information Regulations 2004 (EIR) and, where applicable, the Freedom of Information Act 2000 (FOIA). I request all responsive documents be provided in electronic format (PDF, Excel, or Word). Where photographs are provided, I request original digital files with EXIF metadata preserved.
Question 1 - Highway Classification, Maintenance Status and Responsibility
1.1. Confirm whether USRN 2002562 Plot 1004 is a highway maintainable at public expense under Section 41 of the Highways Act 1980, and the date on which it became so maintainable (if known).
1.2. Confirm the highway classification of USRN 2002562 Plot 1004 as at May 2023 (e.g., PR1 road, PR2 road, local road, public footway, shared-use path, or other) and whether that classification changed at any point between 1 January 2021 and 31 December 2023.
1.3. Confirm which authority — Essex County Council, Basildon Borough Council, a housing association, or any other body — is responsible for the maintenance of:
• The carriageway at Nether Mayne (USRN 2002562)
• The footway/pavement at USRN 2002562 Plot 1004
If responsibility is shared or divided between different authorities for different sections, please identify the boundaries of each authority’s responsibility as precisely as possible.
1.4. A copy of the highway extent record or highway network record for USRN 2002562 Plot 1004, or a link to the specific entry on the ECC Highways Information Map (or equivalent system) that confirms the adopted highway extent at this location.
Question 2 - Inspection Frequency and Policy
2.1 The inspection frequency applicable to USRN 2002562 Plot 1004 under ECC’s Highway Maintenance and Inspection Policy as at May 2023 (e.g., monthly, quarterly, annually), including:
◦ Whether the applicable frequency differed for scheduled safety inspections versus reactive inspections
◦ The risk category or classification of this footway under ECC’s inspection policy as at May 2023
2.2 The intervention levels (minimum thresholds for depth, width, surface area, or other criteria) used to determine whether a footway defect at an asset with the same classification as USRN 2002562 Plot 1004 required repair as at May 2023, including:
◦ The threshold depth (in millimetres) at or above which a footway defect was considered actionable
◦ Any additional factors (e.g., location, pedestrian footfall, adjacent drainage, surface type) that modified the threshold in practice
2.3 The required response times for defects of each priority category (S1, S2, S3, S4, or equivalent) on footways with the same classification as USRN 2002562 Plot 1004 as at May 2023, including:
◦ The maximum time permitted between a defect being logged and an S1 (emergency) repair being completed
◦ The maximum time permitted between a defect being logged and an S2 (urgent) repair being completed
◦ The maximum time permitted between a defect being logged and a routine repair being completed
Question 3 - — Inspection Records
3.1 Copies of all highway safety inspection records for USRN 2002562 Plot 1004 for the period 1 January 2021 to 31 May 2023, including for each inspection:
◦ The date and time of the inspection
◦ Whether the inspection was a scheduled safety inspection or a reactive/ad-hoc inspection
◦ The name, reference number, or identifier of the inspector who carried it out
◦ The findings recorded, including whether any defects were observed and, if so, their nature, approximate dimensions (depth, width, length), and location within the footway
◦ The priority category assigned to any defect found
◦ Whether any defect found during inspection was assessed as being at or above the intervention threshold
◦ The action taken or recommended as a result of the inspection, including any repair orders raised, the date they were raised, and the job or work order numbers assigned
3.2 Confirm the date of the most recent scheduled safety inspection of USRN 2002562 Plot 1004 that took place before 27 May 2023 and the recorded findings of that specific inspection.
3.3 Confirm whether any inspection of USRN 2002562 Plot 1004 took place between 1 January 2023 and 27 May 2023, and if so the date, inspector, and findings.
Note on why this question is framed as an information trap: ECC must answer this question in one of three ways, each of which advances the claimant’s case — (a) an inspection was carried out but found no defect, calling into question inspection adequacy given photographic evidence of the defect’s obvious condition on 14 June 2023; (b) no inspection was carried out within the required period, constituting prima facie failure of the Section 41 duty; or (c) an inspection found a defect that was not repaired within the required response time, directly defeating the Section 58 defence.
Question 4 - Defect Records and Defect History
4.1 All defect records relating to USRN 2002562 Plot 1004 for the period 1 January 2021 to 31 December 2023, including for each defect:
◦ Defect reference number
◦ Date and time the defect was logged
◦ Source of the defect report (e.g., scheduled inspection, reactive inspection, public report via FixMyStreet, public report via ‘Tell Us’, telephone, email, or other channel)
◦ Full description of the defect as recorded, including nature (e.g., cracked surface, sunken footway, raised edge, pothole), dimensions, and specific location within the footway
◦ Depth of the defect in millimetres, as recorded at the time of logging or at any subsequent measurement
◦ Priority category assigned to the defect (e.g., S1, S2, S3, S4)
◦ Job number(s) to which the defect was assigned
◦ Date the defect was closed or resolved and the nature of works carried out to resolve it
◦ If the defect was closed without repair (e.g., marked as ‘superseded’, ‘no action required’, or ‘monitored’), the reason for closure and the reference number of any superseding defect
4.2 The complete defect history for USRN 2002562 Plot 1004 including any defects logged before 1 January 2021 that remained open or outstanding as at 1 January 2021, and any defects logged after 27 May 2023 that directly relate to the same area of footway defect (e.g., repairs following the accident).
4.3 The defect supersession records for USRN 2002562 Plot 1004, specifically:
◦ All instances where a defect at this asset was marked as superseded by a subsequent defect record
◦ The full chain of supersession, where one defect was replaced by another which was in turn replaced by another
◦ The defect records in the series including reference numbers 20346034, 3171153, 3279255, 3416275, 3495730, and 3724126 — all of which appear in ECC’s own records at Asset 2002562_1004 — together with the depth recorded for each
Question 5 - Job Number 2345161
In FOI disclosure ECC14544003 04 23, multiple defects on Nether Mayne were assigned to job number 2345161, with several remaining ‘Outstanding’ with no completion date as at March 2023. Please provide all records relating to job number 2345161, including:
5.1 The date the job was created and the reason it was raised, including which defect(s) or inspection finding(s) triggered its creation.
5.2 The full list of all defects assigned to job 2345161, including:
◦ The reference number of each defect
◦ The asset (USRN and Plot) to which each defect relates
◦ The date each defect was assigned to this job
◦ The status of each defect as at 27 May 2023
5.3 The nature and scope of the works intended under job 2345161 — i.e., what type of repair or maintenance was this job created to carry out.
5.4 The full chronological history of job 2345161, including:
◦ All internal status changes (e.g., Raised, Allocated, In Progress, Deferred, Completed) and the date of each
◦ The reason or reasons for any delay in completion prior to 27 May 2023, including whether the delay was caused by budget constraints, contractor availability, prioritisation decisions, or any other factor
◦ The identity of the officer(s) or team responsible for managing or progressing this job
◦ Whether any internal decision was made to defer, deprioritise, or cancel this job, and if so the date and reason for that decision
5.5 The date of completion of job 2345161 (if completed) and the nature of the works actually carried out. If the job was not completed as at 27 May 2023, confirm that position explicitly.
5.6 Any internal correspondence, notes, emails, or communications relating to job 2345161, to the extent these are held in ECC’s highways management system or email systems and are retrievable without disproportionate effort — specifically any records of decisions to defer or deprioritise this job.
Note: The reason this question is structured to ask explicitly for delay reasons and deferral decisions is that if ECC was aware of outstanding defects and consciously chose not to repair them, this directly defeats the Section 58 statutory defence. Any explanation of delay — including budget, resourcing, or prioritisation — is useful evidence of systemic failure.
Question 6 - Public Defect Reports and Complaints
6.1 All defect reports, complaints, or notifications received from members of the public regarding USRN 2002562 Plot 1004 for the period 1 January 2021 to 31 May 2023, including for each report:
◦ Date and time of the report
◦ Method of reporting (e.g., FixMyStreet, ‘Tell Us’ online portal, telephone, email, in writing, or other channel)
◦ The full text or description of the defect or hazard as reported by the member of the public
◦ The precise location of the reported defect as recorded
◦ Any reference number(s) assigned to the report at the time it was received
◦ The response or action taken in reply to each report, including the date of that action and any repair orders raised
◦ Whether the report was closed without repair, and if so the stated reason
6.2 Any records held by ECC relating to a personal injury incident or fall reported at or near USRN 2002562 Plot 1004 on or around 28 March 2022, identified in ECC’s records as Enquiry 2770719. Please provide all details held in connection with that enquiry, including the location reported, the nature of the incident, and any action taken in response.
6.3 Any records of complaints, reports, or communications from any source (including elected representatives, businesses, or other public bodies) regarding the condition of the footway at USRN 2002562 Plot 1004 during the period 1 January 2021 to 31 May 2023.
Question 7 - Repair and Maintenance Records
7.1 All repair orders, work orders, or job tickets for maintenance works carried out on USRN 2002562 Plot 1004 for the period 1 January 2021 to 31 December 2023, including for each:
◦ Job or work order reference number
◦ Date the works were ordered
◦ Date the works were completed (or confirmation that works were not completed)
◦ Nature and extent of works undertaken (e.g., patch repair, crack sealing, full resurfacing, drain repair, edging works)
◦ The specific area of footway affected by the works (dimensions and location within the asset)
◦ The contractor or internal team responsible for carrying out the works
◦ The defect reference number(s) that the works were carried out to address
7.2 Details of any emergency (S1) or urgent (S2) priority repairs carried out on USRN 2002562 Plot 1004 for the period 1 January 2021 to 31 December 2023, including:
◦ The defect reference number and description of the hazard that prompted each emergency or urgent repair
◦ The date and time the emergency/urgent order was raised
◦ The date and time works were completed
◦ The nature of the emergency works carried out
◦ Whether a permanent repair followed the emergency repair and, if so, when
Note: The S1 emergency repair on 10 January 2023 at 20:36 (Defect 3679469, completed 21:30 same evening) is already evidenced in FOI ECC14544003. This question seeks to determine whether any equivalent emergency repairs were carried out specifically at USRN 2002562 Plot 1004 during the same period.
Question 8 - Photographs and Technical Measurements
8.1 Any photographs of the footway surface at USRN 2002562 Plot 1004 taken by or on behalf of ECC officers, inspectors, or contractors for the period 1 January 2021 to 31 December 2023, including:
◦ Photographs taken during any scheduled or reactive inspection
◦ Photographs taken in connection with any defect logging or repair order
◦ Photographs taken in connection with any public complaint or enquiry
8.2 Any measurements or technical assessments of defects at USRN 2002562 Plot 1004 for the period 1 January 2021 to 31 December 2023, including:
◦ Depth measurements of any defect (in millimetres), recorded at the time of inspection, defect logging, or any subsequent visit
◦ Width and length measurements of any defect
◦ Any condition survey or structural assessment of the footway surface
◦ Any SCANNER, SCRIM, or equivalent road/footway condition survey data for this asset
Question 9 - Prior Personal Injury Incident Reports Any records held by ECC of personal injury incidents, accidents, near-misses, or claims arising from the condition of the footway at USRN 2002562 Plot 1004 for the period 1 January 2016 to 31 May 2023, with the personal data of third parties (names, addresses, contact details) redacted as required under UK GDPR and the Data Protection Act 2018.
Please include the date of each reported incident, the nature of the incident, the location within the footway, any reference numbers assigned, and any action taken by ECC in response.
Note: The period 2016 – 2023 is requested because the defect supersession chain at USRN 2002562 Plot 1004 records defects with depths of 100–150mm dating back to 2016. If prior incidents were reported at this location, this is highly material to the question of whether ECC had constructive knowledge of a persistent and dangerous condition.
Question 10 - Planned Maintenance and Resurfacing Schemes
10.1 Any planned maintenance, resurfacing, or structural improvement schemes affecting USRN 2002562 Plot 1004 that were proposed, approved, scheduled, deferred, or cancelled during the period 1 January 2021 to 31 December 2023, including:
◦ The nature of the proposed scheme (e.g., surface dressing, full resurfacing, carriageway reconstruction, drainage improvement)
◦ The date the scheme was first proposed or included in a maintenance programme
◦ Whether the scheme was approved and, if so, the anticipated date of completion
◦ If the scheme was deferred or cancelled, the date and reason for deferral or cancellation
◦ Whether the scheme was completed prior to 27 May 2023 and, if so, the date of completion and works carried out
10.2 Whether USRN 2002562 Plot 1004 appeared on any planned maintenance programme, highways asset management plan, or capital works programme during the period 2021 – 2023, and if so the details of that programme entry.
Question 11 - Post-Accident Inspection by [name supplied] (11 July 2023)
I am aware from ECC’s own insurance correspondence that a post-accident inspection of the footway at USRN 2002562 Plot 1004 was carried out by ECC officer [name supplied] on or around 11 July 2023, following notification of my accident on 27 May 2023. That inspection recorded a 5 metre x 6 metre area of cracked and sunken footway at a depth of 150mm. Please provide:
11.1 The full inspection report produced by [name supplied] (or any other officer) following the inspection carried out on or around 11 July 2023, including:
• The date and time of the inspection
• The name and role of the inspector
• The full written findings, including the precise description of all defects observed, their dimensions (depth, width, length), location within the footway, and any assessment of the cause of the defects
• Any photographs taken during or following that inspection
• Any depth measurements or technical assessments recorded, including the specific depth measurement(s) recorded for the defect(s) observed
• Any risk assessment or hazard rating applied to the defects found
• Any action recommended or taken as a result of the inspection, including any repair orders raised, the date they were raised, and the job numbers assigned
11.2 Any other inspection reports, site visit notes, or officer observations prepared in connection with my accident (reference M23TP000624) that relate to USRN 2002562 Plot 1004.
11.3 Any comparison between the condition recorded by [name supplied] on 11 July 2023 and the condition recorded during the most recent inspection prior to my accident on 27 May 2023 — specifically, any assessment of whether the defect observed post-accident was present and measurable before the accident.
Privilege note: I acknowledge that documents prepared for the dominant purpose of litigation may be subject to legal professional privilege. However, the [name supplied] inspection was an operational highways inspection by a highways officer, not a document prepared by or for lawyers. I therefore submit that this inspection report is not privileged. If ECC claims privilege over this document, please identify the document precisely (date, author, nature, number of pages), state the specific basis for the privilege claim, and confirm whether the document was prepared at the direction of ECC’s legal advisers or insurers, or prepared by a highways officer in the ordinary course of their duties.
Question 12 - Insurance File Material Relating to USRN 2002562 Plot 1004
I am aware that ECC holds an active insurance claim file in connection with my accident, referenced as M23TP000624 / ref 26134. To the extent that the following documents relate to the physical condition of USRN 2002562 Plot 1004 — rather than to legal strategy or advice — and are therefore not subject to legal professional privilege, please provide:
12.1 Any engineering reports, highways condition assessments, or technical surveys of USRN 2002562 Plot 1004 commissioned by ECC or its insurers in connection with claim M23TP000624, including:
• The date of each report or assessment
• The name and qualifications of the author
• The findings, including any measurements of defect depth, width, or extent
• Any photographs accompanying the report
• Any conclusions or opinions expressed about the condition of the footway
12.2 Any inspection records, site visit notes, or condition records prepared by Ringway Jacobs (ECC’s highways contractor) in connection with USRN 2002562 Plot 1004 or claim M23TP000624 following my accident.
12.3 Any internal ECC correspondence, memoranda, or notes (not prepared at the direction of lawyers) relating to the physical condition of USRN 2002562 Plot 1004 following my accident, including any assessment of whether the defect should have been identified and repaired prior to 27 May 2023.
Privilege note: I acknowledge that legal advice, legal strategy documents, and documents prepared by lawyers for the dominant purpose of litigation are privileged and need not be disclosed. However, factual engineering assessments of highway condition are not privileged merely because they are held on an insurance or legal file. If ECC claims privilege over any document within the scope of this question, please identify each document by description (date, author, nature) and state the specific basis for the privilege claim, distinguishing between litigation privilege and legal advice privilege as appropriate.
Format, Timing and Partial Refusals
I request a response within the statutory 20 working days. Given the urgent background to this matter, any earlier response would be greatly appreciated.
If ECC proposes to withhold any element of this request in whole or in part, please:
• Identify the specific document(s) or categories of information withheld
• State the specific EIR exception(s) or FOIA exemption(s) relied upon
• Set out the public interest considerations applied in the balancing test
• Confirm whether any duty to provide advice and assistance under Regulation 9 EIR / Section 16 FOIA applies to assist me in reformulating the request
I note that any refusal on grounds of Manifestly Unreasonable effort (EIR Reg 12(4)(b)) in response to this narrowed request — submitted precisely in accordance with ECC's own invitation — would be extremely difficult to defend before the Information Commissioner's Office, and I reserve the right to seek an internal review and thereafter an ICO decision notice if necessary.
Please see the attached site history report, which includes defects identified during inspections and their associated risk assessment details, customer service enquiries. The site history report would also show any maintenance history, however no jobs have been raised on Plot 1004 and this area therefore is not populated.
As shown on the site history report annually walked safety inspections are carried out. Prior to the introduction and implementation of our footway hierarchy inspections followed the carriageway frequency and monthly walked inspections were carried out. The inspections are carried out in in accordance with Highway Maintenance Policy and General Principles and our Maintenance & Inspections Strategies which are publicly available online www.essexhighways.org/roads-strategies#maintenance.
Please see page 9 of the Maintenance & Inspections: Carriageways, Footways and Cycleways document that is publicly available online www.essexhighways.org/roads-strategies#maintenance.
Our current Highway Maintenance Policy and General Principles and our Maintenance & Inspections Strategies are publicly available online www.essexhighways.org/roads-strategies.aspx#maintenance.
Details of how inspectors risk assess and prioritise highway issues can also be found on our public web site at www.essexhighways.org/how-we-prioritise-highway-issues.
Please also see the enquiry trace forms and inspection batch photos related to the area.
Please note that Job 2345161 is out of scope of the redefined request as it relates to carriageway and ironwork works on Plot 1000, not footway works on Plot 1004.
Since 1 January 2016 only the two enquiries already supplied have been recorded.
Although no formal qualifications are required, as all highways’ inspectors are trained to undertake highway risk assessments as part of their role, the inspector has passed Highway Safety Inspectors Modular Training and Assessment, an Institute of Highway Engineers recognised qualification.
You will notice that some information has been withheld (redacted) this is due to an exception in the Environmental Information Regulations.
The exception applicable to the information is:
EIR Regulation 12(3) & Regulation 13 - Personal data of third parties is exempt if disclosure would breach the principles of the Data Protection Act 2018. We believe that providing you with the information would breach the following Data Protection principles:
• Data shall be fairly, lawfully and transparently processed
• Data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
We are applying this exemption because
a) we do not have the consent of the person who is the subject of the information to disclose it to you,
b) disclosure does not meet any of the Article 6 or 9 conditions that would make it “necessary”, and
c) disclosure of the information to you would not be connected to the purpose for which we have collected and are holding the information.
We further believe that the release of the requested information would cause unwarranted interference to the rights and freedoms and legitimate interests of the data subject(s). Such a disclosure would in our view constitute a breach of Article 8 in the Human Rights Act (the right to privacy and family life).
In accordance with the Regulations this letter acts as a refusal notice.
Your Right to Know
Democracy and Transparency
Essex County Council
Telephone: 033301 38989
Email: YourRight.ToKnow@essex.gov.uk | www.essex.gov.uk
