Dear N Matojo

FOI/ENV/07/10/2272 - Review

I write further to your request for an internal review of Hertfordshire County Council's handling of your FOI request `Details of Contracts with OLM Group' which was received on 31^st August 2009.

You original request has been well documented in correspondence between yourself and the County Council and I do not propose to produce the same within this letter. However, to summarise, the three items requested were:

Looking at the response given by Hertfordshire County Council (HCC) on 9^th August 2010 I note that regard has been given to the duty to confirm or deny, with it clearly being confirmed that HCC hold the requested information in 1) above, but does not hold information relating to 2) and 3), although further information was provided. In light of the same it is my understand that the focus of your concern relates to HCC treatment of your request for the information highlighted at 1) above.

HCC's response of 9^th August 2010 confirms that it is considered that disclosure of the contracts and appendices are exempt under s.43(2) FOI, being information that would or would be likely to prejudice the commercial interests of the contractor and the County Council.

I have now reviewed the contract documentation and do not believe it is appropriate to apply s.43(2) to the entirety of the contract as a number of terms within the same does not fall under the remit of information which will prejudice commercial interests. Please therefore find enclosed two redacted contracts, both entitled `Contract for Services of Consultant' one starting June 2009 and one starting April 2010.

The areas subject to redaction are the areas I believe are exempt from disclosure under section 43(2) FOI. I believe this exemption also extends to documents referred to in the contractual documentation, being `quote number 7-4630' and `Hertfordshire Partnership Pricing Tranche 3 v0.03'. Also Schedule A of the 2010 contract has also been removed as it is commercially sensitive.

The redacted areas within the contract and the documents above relate to the contract price and additional price information. In view of the age of the contract, the first only having ended March 2010 and the other still current, with some prices remaining valid until June 2011 it is clear that disclosure of the same will effect OLM's commercial interests as it will impact on their ability to tender for similar services in a competitive market place. Disclosure will also impact on HCC's competitive interests as such information will identify the budget applied to such matters and may mean that suppliers may raise their prices, which will have a detrimental impact on the Council's ability to receive competitive tenders. Schedule A of the 2010 contract sets out the methodology by which OLM provide their services to HCC and disclosure of the same has the potential to impact on OLM's ability to produce the predicted savings as specified in the contract.

S.43(2) is a qualified exemption and is subject to the public interest test. This was applied in the response of 9^th August 2010. The aspects considered in favour of disclosure were:

I note in your request for a review you go into discussion about the public interest test. Having considered the statements made, it is my view that the areas you mention match the areas above considered as part of the public interest test. The only additional ground in favour of disclosure you mention is `disclosing may encourage open competition and ensure value for money.

The areas considered against disclosure were as follows:

I am satisfied that the public interest test was appropriately applied in the original decision and that the outcome was a reasonable response in lights of the items above.

Conclusion

In conclusion, I do not agree with the original decision that the exemption set out in s.43(2) FOI was relevant to the whole of the contractual documentation and therefore enclose a redacted copy of the same by way of disclosure. I believe that some parts of these contracts do fall under s.43(2) FOI and that the public interest test was applied properly and that it falls in favour of non-disclosure of these specific areas.

This now brings the County Council's internal review into the handling of your request for information to an end. However, if you remain dissatisfied you are entitled to ask the Information Commissioner to investigate your complaint. You can write to him at FOI/EIR Complaints Resolution, Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours faithfully

Jenny Koon Koon

Solicitor

On behalf of Chief Legal Officer