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Grant Shapps

Yesterday I wrote to the Secretary of State for Transport, Grant Shapps with a: Letter before claim for a Judicial Review RIS 2 -Failure to consult on an objective and KPI for Litter

The DfT have to set Road Investment Strategies for Highways England every 5 years setting out what objectives are to be achieved and what financial resources will be provided to achieve them.

RIS 1 covered the period from April 2015 to April 2020. No objectives were set in regard to litter and therefore no Key Performance Indicator defined to go along with it.

After I had pointed this out to in July 2018 to the then Roads Minister, Jesse Norman, I was told that “HE, DEFRA and the DfT were developing a robust metric for RIS2”.

There has subsequently been no public consultation on this. With under 2 months to go before RIS 2 is due to go live on 1st April no information is available on whether or not an objective and a KPI has even been set for litter never mind how they have been worded.

In my letter I have asked for that information to be provided by the end of this week and for an objective and KPI to be included in the RIS 2 that will:

(i) Be consistent with HE’s duty under EPA S89(1) to keep its highways clear of litter and

(ii) Enable the Office of Rail & Road to independently monitor compliance with the KPI through random checks without relying on data provided by HE or their contractors.

If they are not able to satisfy me on this by 28th February I will apply to the High Court for a Judicial Review asking the Court instruct them to amend the RIS 2 accordingly.

In view of the fact that RIS 2 goes live on 1st April I am confident the Court will hear my complaint as a matter of urgency.


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