Our Ref: FOI 3758
Date: 10 February 2010
Nindi Kaar
Via email at =
request-26876-51423891@whatdotheyknow.com
Dear Nindi Kaar
Freedom of Information Act 2000 – Request for Information
Further to your recent enquiry for information held by the Authority under the
provisions of the Freedom of Information Act 2000 (FOI) for access to information
on the Commissioning process for Learning Disabilities services, please find
attached some answers to your questions.
Please note that under FOI, the Authority has a right to refuse an applicant’s
request for information held if an FOI exemption applies. We believe in this case
such exemptions may apply and are considering the following against the
information in the requested minutes and in the costings tables:
• Section 43 – information is exempt information if it constitutes a trade
secret [and] . . . if its disclosure under this Act would, or would be likely to,
prejudice the commercial interests of any person (including the public
authority holding it).
• Section 41 – Information is exempt information if it was obtained by the
public authority from any person (including another public authority) and
the disclosure of the information to the public (otherwise than under this
Act) by the public authority holding it would constitute a breach of
confidence actionable by that or any other person.
• Section 40 – personal information about another living individual.
The Council is seeking the views of the provider organisations about the release
of their information and these will considered in conjunction with our own
requirement to be open and accountable. Exemptions which are ‘qualified’ i.e.
subject to a public interest test will require the Authority to balance the public
interest in disclosing the information against the public interest in withholding the
information from publication. We will reach a decision on whether or not the
information can be released in due course. Guidance from the Information
Commissioner’s Office expects this process to be concluded in no more than a
further twenty days. We regret the delay this will cause. Correspondence outlining
Please reply to:
Adults and Communities
Level 5
Telephone
: 0121 303 9462
Louisa Ryland House
Facsimile
: 0121 303 2769
44 Newhall Street
Birmingham B3 3PL
www.birmingham.gov.uk/adults
Peter Hay, Strategic Director, Adults and Communities
FOI 3758 / continued
our decision will be sent to you as soon as possible and certainly within that
timescale.
If you are not satisfied with the decision, you may ask for an internal review.
Please contact Birmingham City Council’s central FOI Team at this address:
Information Governance Team,
3rd Floor, 1 Lancaster Circus, Birmingham B4 7AB
Tel: 0121 303 4876
email: [email address]
After that, if you are not satisfied with the Council’s decision you may apply to the
Information Commissioner for an independent review at this address:
The Information Commissioner
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Tel: 01625 545700
Web Address: www.ico.gov.uk
Yours sincerely
Philip Wilson
Freedom of Information Officer
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