C&RT won't say why school cruising patterns are months late

September 2017 - Peter Underwood has been asking Canal & River Trust why it is taking so long to publishing illustrative cruising patterns for boat families with children at school – but there is no coherent answer.

It was back in February 2017, that the Waterways Ombudsman stated that CRT intended in the 'coming weeks' to publish “illustrative cruising patterns” for boaters with school age children. Mike Grimes told the Navigation Advisory Group at around the same time: “We’re looking at putting together and publish soon some example compliant movement patterns that boaters with children could look at to help inform their movement patterns”.

Yet, as another school year begins, and eight months after C&RT set itself that apparently simple task; the Trust has failed to produce any such guidelines, in fact the only action it seems to have taken is to bounce Freedom of Information requests to know what actions it is taking.

The Floater asked the same question, pointing out C&RT had rejected FoI requests claiming: "... it is still our intention to provide an illustration of a cruising pattern" but that it is "going through a review process which will enable the Trust to conduct a proper analysis of the document," back in May 2017.

The Floater suggested that those excuses failed to answer the question of why it has taken from February to September to come up with an illustrative cruising pattern for boaters with children at school and went on to ask how - if all the experienced enforcement staff and highly paid legal minds apparently can't do it it in eight months - how C&RT expected boaters to be able to comply on a day to day basis?

The response has been to stonewall yet again, with C&RT's senior spin doctor Jon Ludford replying: “I don’t have much of an update for you. We’re in the process of considering illustrative cruising patterns.

“As any decision will affect all boaters across the network, we’re committed to getting it right. We’re going to be taking into account the experiences of a wide range of families living on the water as well as others with a wider interest in this issue.

“In the meantime we ask all boaters to continue to cruise in line with our current guidance and, as ever, get in contact if they’re not sure what this means.”

All of which really means that the Trust is ignoring the commitments made by the Waterways Ombudsman and former Head of Boating Mike Grimes when the former promised C&RT would publish “illustrative cruising patterns” in coming weeks for boaters with school age children and the latter told NAG the approved patterns would be published “soon”.

In the meantime the National Bargee Travellers Association Chair Pamela Smith has written to members to tell them nothing is happening.

She recalls; “On 14th February 2017, the Waterways Ombudsman stated in a case report (Case no 933) that CRT intended in the coming weeks to publish “illustrative cruising patterns” for boaters with school age children.

“In the Navigation Advisory Group meeting of 13th February 2016, Head of Boating Mike Grimes stated: “We’re looking at putting together and publish soon some example compliant movement patterns that boaters with children could look at to help inform their movement patterns”.

Pamela goes on to explain that a Freedom of Information request on 4th May asking for for the “illustrative cruising patterns” or “example compliant movement patterns” and for the internal correspondence, minutes and reports regarding this issue revealed that C&RT apparently still intends to publish this “advice” to boaters and appears to have taken extensive legal advice about it.

It was the end of May that C&RT made the following response to the information request: “We have withheld this information from disclosure in accordance with Section 22 of the Freedom of Information Act 2000 as it is intended for future publication. We have carried out the public interest test in relation to this exemption. The arguments for disclosure of the illustration are that it is generally accepted that disclosure of information can increase transparency, accountability and trust in an organisation.

“However, the arguments against disclosure are that it is still our intention to provide an illustration of a cruising pattern which would allow a boater to remain close to a school location during term time, but cruise extensively enough during all the school holidays as to not attract the attention of our BLCS [Boat Licence Customer Support, i.e. Enforcement] team. This illustration has been drafted and is going through a review process which will enable the Trust to conduct a proper analysis of the document.

“The risks of prior publication cannot be mitigated adequately by providing explanatory commentary alongside any disclosure. Also, publishing the illustrative cruising pattern at this stage is likely to lead to confusion for our customers if changes are made to the pattern at a later date and it leads to more than one version of the pattern being available online.

“Therefore, we are withholding the illustrative cruising pattern at this stage.”

The NBTA reports that C&RT also withheld the related correspondence on the grounds that it was legally privileged saying “I confirm that we do hold information covered by this request, however, these communications have been withheld from disclosure on the basis that they are legally privileged in accordance with Section 42 of the Freedom of Information Act 2000.”

It claimed: “... that it is a fundamental to the administration of justice that a lawyer is able to communicate in confidence with their client to ensure full and frank legal advice can be given. On balance therefore it is considered that the ability for the Trust to receive proper legal advice and the continued reliance on the advice provided outweighs the factors in favour of disclosure.”

Pamela Smith tells her members: “In the continued absence of publication of “illustrative cruising patterns” by C&RT, the NBTA advises any Bargee Travellers on C&RT waterways who have school age children (including children aged between two and sixteen) to inform CRT that they require an amended cruising pattern and that they need to remain within a two mile radius of the school in term time. The two mile distance is in line with the Government's Guidance on Home to School Transport.”

It will be interesting to see what C&RT makes of such requests – especially as it has taken such a long time to come up with any suggestions of its own.

Photo: The NBTA defending the homes of boat dwellers.