Via Email

21^st April 2009

Dear Mr Stacey

Thank you for your request, received on 3^rd March 2009 made under the Freedom of Information Act 2000.

Please find attached our response.

Re-Use of Information

Any information we provide following your request under the Freedom of Information Act will not confer an automatic right for you to re-use that information, for example to publish it. If you wish to re-use the information that we provide and you do not specify this in your initial application for information then you must make a further request for it's re-use as per the Re-Use of Public Sector Information Regulations 2005 ). This will not affect your initial information request.

If you have any queries about this letter, please contact me.

If you are not content with our response you can request a review by writing to:

Head of Policy

Criminal Records Bureau

PO Box 165

Liverpool

L69 3JD

Yours Sincerely

Freedom of Information Team

FOI Reference Number: 11341

Information Requested:

I would be grateful if you could provide me with a copy of the feasibility study conducted and all of the relevant documentation produced both by the CRB, and any other partner organisations that the CRB have worked with, which cover the progress made towards the introduction of the Basic Disclosure Certificate, as is already possible through both Disclosure Scotland and Access NI.

Response :

The CRB follows an 8 stage `development lifecycle' methodology in relation to business development. Having completed the feasibility stage for Basic Disclosures the development is now entering the requirements stage which will look at the actual detail of how this service can be implemented and will include consideration of the benefits of introducing this service. There has however been no decision made on when the Basic Disclosure service will be introduced. When a decision has been made we will ensure people are notified through the normal CRB channels. This may be through Disclosure News or via the CRB website.

In assessing the information you have requested the CRB has determined that it is unable to release the information. The information has been withheld due to the following exemptions.

Section 43 Exemption

Section 43 (2) - Commercial Interests

This exemption has also been applied to the information you have requested.

Section 43(2) exempts information 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). This is also a prejudice based exemption and therefore the public interest test has been applied to the information requested.

Factors in favour of release

CRB acknowledges the need for openness and transparency and considers it would be in the public interest to disclose information relating to the possible introduction of Basic Disclosures by the CRB.

Factors against release

It would not be in the public interest to disclose information that could prejudice the commercial interests of Capita, the CRB's private partner. The feasibility study and the majority of documentation relating to the provision of Basic Disclosures by the CRB were produced under contractual arrangements by Capita and demonstrate how they proposed to develop this service by detailing costs, designs and methodologies. The current contract with Capita is due to expire in 2012 and work is now taking place to ensure that the necessary supplier partnerships are in place leading up to this time. Capita consider that release of this information may prejudice their interests when looking to re-tender for the contract.

Section 31 Exemption

Section 31(1)(a) - Law Enforcement

This exemption has been applied to the information you have requested.

Section 31(1) (a) is a prejudiced based exemption. Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice-

(a) the prevention or detection of crime

The Act provides that a public interest test is applied for qualified exemptions. In doing this the CRB looked at various factors when considering release of the information.

Factors in favour of release

CRB acknowledges the need for openness and transparency and considers it would be in the public interest to disclose information relating to the possible introduction of Basic Disclosures by the CRB.

Factors against release

It is not considered to be in the public interest to release the information you have requested. The feasibility study along with any relating documentation relate to PNC matching, authentication and security of CRB systems. It is considered that the integrity of the Disclosure process is paramount and that such information, if disclosed to the public, has the potential to compromise the effectiveness of the Disclosure service thus undermining efforts to safeguard children and vulnerable adults.