Legal and Electoral Services

Our Ref MG 1955

Your Ref RFI 1649

Dear Mr. Blair,

In reply to your request received on 9 February 2009 :

1.1) Copies of any contracts you have for the provision of

temporary worker agency staff, with regards agency/temporary social

care/social worker staff/workers. Contracts you may have with

individual agency staff recruitment businesses/services, hereafter

called 'Vendors'. Or contracts you may have with organisations

like, Comensura, Manpower, Reed, hereafter called 'Managed Service

Provider' who provide Master/Vendor Neutral framework to managed

all vendors on behalf of Public Authorities like yourselves.

Answer: I attach a copy of the contract.

I have redacted percentage figures at:

Page 12 para 9.1.1

and also the Gain share between Richmond and Comensura, agency mark ups (page 40), and average mark (page 41).

In accordance with the Freedom of Information Act 2000 this letter acts as a Public Interest Refusal Notice.

The exemption applied in relation to Page 12 is:

Prejudice to commercial interests s. 43

The exemption applies because Total Spend for Years 3, 4 and 5 is too close to current activity and given the very tight nature of the market it is highly probable that spend and costs/profits would have changed.  The Council has reached favourable terms and conditions which could be prejudiced if the requested information is released and therefore both the Council and Commensura's commercial interests could be prejudiced.

The exemption applied in relation to Pages 40 and 41 is Section 43(1) .

It is considered that the redacted mark up figures constitute a trade secret as they are bespoke to the Council, are used in a business and if disclosed to a competitor, would be liable to cause real harm to the owner of the secret.

Further or in the alternative their release would be likely to prejudice the commercial interests of the Council or Commensura Section 43(2) as set out above.

The public interest favours withholding the information.

Release of the requested information could result in the Council having the favourable terms and conditions withdrawn in the future thereby incurring additional costs to the Council. This could affect its commercial interests thereby impacting on residents of the borough by a possible rise in local taxation levels and increase in charges to the public for services provided by the Council or loss of public services.

I therefore concluded that it was not in the public interest to release that information. In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice.

You have the right of appeal against the decision using the Council's Corporate Complaints procedure which is attached at the following link :

http://www.richmond.gov.uk/home/council_government_and_democracy/council/councilprocedures/complaints_procedure.htm

If you wish to appeal please set out in writing your grounds of appeal and send to the Data Protection & Information Officer, Civic Centre, 44 York Street, Twickenham, TW1 3BZ. Tel: 020 8891 7135. E-mail: [email address].

If you are dissatisfied with the outcome of the internal appeal you may appeal further to the information Commissioner's Office at :

Wycliffe House 
Water Lane 
Wilmslow 
Cheshire  SK9 5AF 

:- Hourly Pay scales/rates with regards agency/temporary social

care/social worker staff.

Answer: These range from £7 PAYE/ £8.54 Ltd rate to £30.58 PAYE/ £37.31 Ltd rate

I have not provided specific hourly rates for each job title as they could then be easily matched with a specific postholder which I consider would be exempt personal information pursuant to Section 40 Freedom Information Act.

In coming to this decision, l took into consideration the Data Protection Act principles.

Such information should only be processed for specified, lawful and compatible purposes and I do not consider this to be a compatible purpose [Principle 3]. Furthermore such information should be processed in accordance with the rights of the data subjects and they would have a legitimate expectation that the information would not be disclosed to other persons [Principle 6].

I consider that releasing the personal information could cause substantial damage or distress to the data subjects.

I have therefore concluded that it is neither in accordance with Data Protection Act principles nor in the public interest to release specific hourly rates for each job title.

1.2) A list of each Vendor you use and copies of hourly pay-scales/rates you hold for each Vendor. Whether or not you use each Vendor via a Managed Service Provider framework. If you do you use a Managed Service Provider please also provide a copy of the pay-scales/rates that are used by the Managed Service Provider to manage all these Vendors. Please ensure any provided pay-scale information provided explains how many years of experience is required to be applicable to any specific hourly rate.

Answer: Vendor list attached. The other information is not held

1.3 A copy of any contract/agreement used by yourself or any

Managed Service Provider to manage individual Vendors through any

Master/Vendor Neutral framework you operate or participate in, this

is sometimes called a Panel Vendor Agreement.

Answer: Information not held

Please also indicate whether any of the information requested 1.1,

1.2, 1.3 has ever been disclosed before under the FOI Act.

Answer: No

Yours sincerely,

Matt Ginn

For Head of Legal and Electoral Services

Civic Centre, 44 York Street, Twickenham TW1 3BZ DX 200027 Twickenham

t) 020 8891 1411 f) 020 8891 7733 www.richmond.gov.uk

Personal Callers: Regal House, London Road, Twickenham TW1 3QB

Richard Mellor, Head of Legal and Electoral Services MA (Oxon) FCMI Solicitor

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