Our Ref: FOI 3758
Date: 09 March 2010
Nindi Kaar
Via email at =
request-26876-51423891@whatdotheyknow.com
Dear Nindi Kaar
Freedom of Information Act 2000 – Request for Information
Further to my letter of 10 February 2010, please refer to the consideration given
below in relation to two exemptions under the provisions of the above mentioned
Act that prevent disclosure of the weekly fees payable for the care packages for
all Learning Disability clients by a supplier organisation. The Authority believes
the FOI exemptions apply and as such refuses this part of your request. The
specific exemptions in this case are:-
Commercial Interests - Section 43
Section 43 is a qualified exemption, that is, it is subject to the public interest test
which the authority must be satisfied that the information requested is a trade
secret or that its release would prejudice someone’s commercial interests. The
authority can only refuse to provide the information if it is satisfied that the public
interest in withholding the information outweighs the public interest in disclosing it.
In view of the above, we considered the public interest test in releasing the
requested data now. Currently the Adults and Communities Directorate is in the
middle of a commissioning process on the contracted services for Learning
Disabilities. Commercial rates for each of the components of the current care
packages with the supplier organisations is under review for the new financial
year.
We then considered whether access to the weekly fees payable for the care
packages would:-
• further the understanding of, and participation in the delivery of care packages
by supplier organisations for all learning disability clients;
• facilitate the accountability and transparency of public authorities for decisions
taken by them;
• facilitate accountability and transparency in the spending of public money;
• allow individuals to understand decisions made by public authorities affecting
their lives and, in some cases, assist individuals in challenging those decisions.
We concluded that whilst the Directorate is committed to an open and
accountable process in this Commissioning programme and in the spending of
public money, as well as publishing information about this on our website, the
public interest may not favour disclosure today.
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 2835 / continued
To disclose the weekly fee of a care package in respect of an individual paid to
the supplier organisation would enable competitors to calculate the total annual
income received by the supplier organisation for that individual or for the
numerous care packages relating to more than one individual.
The cost of providing the range of services to support learning disability clients is
commercially sensitive. Whilst competitors will not necessarily know the cost of
each component of the care package they would be likely to use the total income
for each supplier organisation to gain a competitive advantage such as use the
commissioning process as an opportunity to strike better deals without first
assessing the needs of the individual clients.
There are some supplier organisations that provide similar services and there are
others which are of a more specialist nature. The Council believes the requested
data concerned engages the commercial interests of the supplier organisations
and such disclosure would be likely to prejudice the commercial activities and
competitiveness of the supplier organisations.
The public interest, in conclusion, favours a supplier organisation to compete with
other organisations offering similar services without suffering the disadvantage of
having to release its fees to its rivals.
Section 40 – Personal Data.
The above provision of the Act sets out various exemptions from the right to know
for information that is personal data protected by the Data Protection Act (“DPA”).
Most of these exemptions are absolute, which means there is no additional public
interest test.
At the risk of stating the obvious local authorities are working to personalise
community care to give people greater choice and control over the funding
available to them., We therefore consider that the data on the cost of the care
packages is tailored to individual clients on their specific care needs and
potentially individuals could be identified from the data if the cost for the supplier
for the package was supplied (section 40 (2)).
We have explored alternative ways of addressing your request that would
interfere less with the privacy of individuals concerned. We concluded that whilst
it is not appropriate to release the data on individual cases and individual
suppliers, it would be acceptable to release into the public arena the number of
packages with a weekly cost within bandings without breaching personal or
commercial confidentiality as shown below:
Nos packages
Band Total
£1000-1250 22
£1251-1500 18
£1501-1750 15
£1751-2000 22
£2001-2250 7
£2251-2500 5
£2501-2750 4
£2751-3000 1
Page
2
£3001-3250 2
£3251-3500 3
£3500-3750 1
£3751-4000 1
£4000-4250 2
£4251-4500 1
Grand Total
104
If you are not satisfied with this decision, you can 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 review 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
Data Protection and Freedom of Information Officer
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
Document Outline
