Locked in car park

[patdavies]

Tongue in cheek, but who in their right mind would design a wooden barrier when plastic (thinking polypropylene here) is cheaper, more durable and lighter for the motor to operate, as well as maintenance-free as regards painting, etc

[patdavies]

At best it's a recipe for an almost guaranteed appeal, against any judgment in favour of PCAD, that will be interesting because I've a feeling that would have to go before the same Judge.

 

Surely an appeal goes to a higher Court?

[patdavies]

"ok" everything should be itemised on the planning request. (dont have to put serial numbers / makes and models etc).

 

when work is complete the plannings office will send an inspector to inspect the job has been done to the relevant standards and is safe to use and again (dont have to put serial numbers / makes and models etc).

 

then it is recorded and sent to health and safety for inspection and (they do put serial numbers / makes and models, contractors etc).

 

cab

 

Sorry, this is confuses and possibly leading off on a fruitless tangent

 

Planning permission is not needed for electric barriers/gates.

 

However, building regs is. Building regs inspections and enforcement are the duty of the local authority, but nothing whatsoever to do with planning. Furthermore, AIUI, only the lectrical installation is due inspection (under Part P of the regs) and a registered sparks can self-assess.

 

H&S risk assessments are also nothing to do with the Council; they become an HSE matter when/if there is an accident.

[patdavies]

Right I've spoken to the HSE and was passed on to the Freedom of Information Officer for the Plymouth area, who has given me her email address and will look into my query asap if I give her as much info as posible to help her to deal with it.

 

I reckon I want to know the following...

1) Was the car park barrier in the rear car park inspected prior to March 2006.

2) If so what make, model and serial number were recorded.

3) Was the car park barrier in the rear car park inspected after 17th March 2006 and if so what make, model and serial number were recorded?

 

Any other useful questions to ask?

 

It won't get you anywhere.

 

HSE don't do inspections; they do investigations when it all goes wrong.

 

Your FoI request needs to be aimed at the college - who are responsible for H&S risk assessments and inspections

[patdavies]

Had a good chat (off the record) with a gentleman at the Council who is in a position to know. Sorry I can't tell you much but there was some not inconsiderable element of surprise expressed that PCAD had invited US(UK)ltd to 'repair' or replace the barrier since US(UK) ltd were not and never have been listed as a company that Plymouth City Council or any related department would ever use for barrier repair or replacement work. They were not authorised by the Council for this type of work and had no registered expertise in this field. The Council do obviously have contractors they use specifically for barrier repair work and replacement but we can state categorically that US (UK) were not and never were prior to their untimely demise a contractor that Plymouth City Council deemed qualified to attempt barrier repairs or replacement.

 

This probably goes some way towards explaining why they were unable to flick a reset switch on the logic board, misdiagnosed not once but twice, found impossible faults and then opted for the idiotproof repair:- Total replacement. These barriers are simply secured by four bolts and plugged in, the sort of job that an infinite number of monkeys with an infinite number of spanners could achieve in just a couple of hours........ Certainly much easier than having to understand how one works.

 

Other matters were discussed but out of respect to the gentleman I cannot divulge them here.

 

Hopefully he wont mind me telling you that he believes the entire case to be a crock peppered with anomalies and is shocked that PCAD have done this to Fred.

 

I wouldn't focus or rely on this TLD. I speak as one who knows about education finance

 

The college will have a delegated budget and are not required to use the council approved list of contractors - same as schools. Only part of the college's funding comes from the Council; the majority comes from the LSC.

 

What may be worth exploring is the delegated levels of financial responsibility (eg how high a spend can be approved by an individual, principal, committee or full board) and whether or not this sum was approved at the correct level.

 

Also, as a public authority, at that level of spend, they will be required to obtain 3 quotes for the work.

[patdavies]

(Does that make sense to you? My understanding from the chat was that certain persons at the college could authorise up to £x without seeking further authority and that £x was less than or equal to £5000 {believed to be £3500}. but a job valued at £3500 would require still several quotes prior to a purchase order being granted whether within or without the maximum amount permissible)?.

 

Spot on.

 

Still begs the question why they would use an unauthorised contractor in the first place when they had access to approved contractors with scheduled rates? It can hardly have been because they were the cheap option can it?

 

You miss the point.

 

A delegated budget means that the college is its own authority to authorise and appoint contractors. They are not required to use any Council-approved list. And Council-approved 'standard rates' tend to be very expensive. It is virtually always possible to find reliable contractors to undercut the Council rates (not that I am saying that these particular contractors were either reliable or competent)

[patdavies]

A thought occurs to me (that TLD might like to consider) about the admissibilty of an caution, as section 11 of the Civil Evidence Act 1968 provides only for admissibility of convictions "by or before a court"

[patdavies]

Maybe copy the head of education at Devon County Council and the Secretary of State for Education as well.

 

As far as I am aware, a college is not responsible to or funded by the County Council. It is an autonomous body funded by the LSC.

 

As it is further education, it has nothing to do with the SoS for Education, it will, I believe, come under Lord Mandleson's fiefdom, along with the universities.

 

If you intend to fire off letters of compliant, then you must first select the correct targets.