Introduction
The independent Commissioner holds High Speed Two Limited (HS2 Ltd) and the Department for Transport (DfT) accountable to their commitments to treat those people directly affected by the HS2 scheme with sensitivity and respect.
The Commissioner oversees and monitors the commitments of HS2 Ltd in relation to its treatment of residents, provides independent scrutiny and produces periodic reports, publicly outlining their views and recommendations to HS2 Ltd and DfT. The Commissioner will be expected to meet quarterly with HS2 Ltd’s senior leadership to ensure they are engaged on these issues.
The Commissioner will oversee communication standards regarding both statutory and non-statutory property schemes applicable along the route of HS2 and other rail schemes within the Commissioner’s remit. The Commissioner champions residents and others affected and will provide reassurance to individuals that the relevant delivery body will deal fairly and equitably with them.
The Commissioner makes themselves available to intervene in unresolved land and property disputes, as an objective and independent voice, focussing on timely settlement to save costs on both sides. The Commissioner can determine some small claims. Where the Commissioner does not have the power to determine cases, they will be able to make recommendations to DfT or HS2 Ltd on steps to be taken to progress and, where possible, settle long-running cases.
Introduction from the Minister
The case for transport investment is that connectivity drives jobs, growth and housing, and is integral to the new government’s missions.
Transport systems are dynamic - they change over time. New infrastructure creates new opportunities for growth, and this government is determined to see people’s lives get better.
So the government is committed to directing every penny spent on the railways into creating a stronger, more reliable network that works for everyone. But as long as we make the case for transport infrastructure, we have a duty to ensure that we do the best we can for those it impacts to their detriment.
In the cause of new and better connectivity, if the government is buying your home, land or business, whether you like it not, or if your quiet corner of the world is about to get busier, you won’t care much about the wider benefits.
The government wants to mitigate the impact of new railway projects as far as it can. Compensation is always available and, in many cases, goes beyond the minimum required by law. The government has invested heavily in engaging with people affected, whether directly or through our agencies.
But it is not enough that we should make these efforts. It is important that those delivering new railway infrastructure are held to account by an independent voice.
The High Speed Rail Residents’ and Construction Commissioner will provide that voice. They will champion the people for whom new railway infrastructure brings change and disruption.
This is a new role, and I want a candidate appointed who will listen to people and communities and bring their concerns directly before those in a position to effect positive change; someone who understands community engagement and how people are affected by property acquisition, and who is unafraid to speak truth to power on behalf of others.
If that sounds like you and you have the knowledge and experience required for this role, I encourage you to apply.
Peter, Lord Hendy of Richmond Hill CBE
Minister of State for Rail
Appointment description
Scrutiny of HS2 Ltd
- Report to the HS2 Ltd Chairman and Board quarterly, on performance in relation to the issues within the Commissioner’s remit.
- Publish a quarterly report, to help the public monitor the performance of HS2 Ltd.
Resolution of disputes
- Review and adjudicate on small value disputes (currently <£10k) referred by HS2 Ltd, DfT, or by individual property owners; aim to resolve these quickly to minimise costs to all parties.
- Intervene when requested (and when appropriate) in land and property claims that have become protracted or have reached an impasse, as an independent party (and in addition to or instead of other routes to resolution). Make recommendations for actions in such cases, with the aim of bringing the case to resolution quickly to minimise costs.
- Mediate in unresolved disputes between the construction project and individuals or bodies; advise, mediate and make decisions which successfully resolve issues quickly to minimise costs.
- Act as an independent advisor to relevant third parties who may be affected by scheme construction works.
Communications and engagement
- Oversee and monitor communication by HS2 Ltd of both statutory and non-statutory property schemes, ensuring that information is clear and accessible to all.
- Respond to property owners on communication issues that relate to property schemes.
- Monitor and scrutinise HS2 Ltd’s performance against the obligations set out in its Residents’ Charter and its Community Engagement Strategy, ‘Respecting people, respecting places’.
- Meet representatives of special needs groups, local communities, local third sector organisations, key stakeholder bodies and similar groups, to better understand their needs and concerns and how communications can be better matched to their needs.
- Meet and otherwise engage with elected representatives of local communities, from MPs to local councillors.
- Promote the Commissioner role, to ensure all those affected know where to go to for help.
Other
- Act impartially and always be independent in action of HS2 Ltd and DfT, prioritising the interests of residents.
- Report on the work of the Commissioner’s office to the Construction Commissioner Steering Group. These reports will include an assessment of the Small Claims Scheme and a digest of complaints which have been responded to by the HS2 Ltd Public Helpdesk.
- Undertake reviews of policies or specific cases at the request of DfT, HS2 Ltd or other relevant entities, reporting findings and making recommendations as appropriate.
- Develop a comprehensive understanding of the regulatory and other relevant frameworks so that decisions are legally and organisationally compliant.
- Subject to other commitments, attend meetings of the HS2 Property Approvals Group (PAG) and the quarterly HS2 Policy and Engagement Improvement Group (PEIG).
- Adhere to the seven principles of public life (see Annex A for more detail):
- selflessness;
- integrity;
- objectivity;
- accountability;
- openness;
- honesty; and
- leadership.