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Common Purpose - tenders and contracts

A Freedom of Information request to Metropolitan Police Service (MPS) by John Walker

The request was partially successful.

John Walker

10 August 2008

Dear Sir or Madam,

Common Purpose - tenders and contracts

Please supply:

1. Details of the general procedures involved in selecting external
training providers for your organisation

2. Details of the tendering procedures involved in selecting
external training providers for your organisation

3. Copies of the tenders issued for all training courses which were
eventually won by Common Purpose

4. Copies of any and all contracts between your organisation and
Common Purpose

5. Details of how your organisation audits the integrity and value
of courses run by external training providers

Yours faithfully,

John Walker

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Metropolitan Police Service (MPS)

11 August 2008

Dear Mr Walker

Freedom of Information Request Reference No: 2008080002323

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/08/2008. I note you seek
access to the following information:

Details of the general procedures involved in selecting external
training providers for your organisation

Details of the tendering procedures involved in selecting
external training providers for your organisation

Copies of the tenders issued for all training courses which were
eventually won by Common Purpose

Copies of any and all contracts between your organisation and
Common Purpose

Details of how your organisation audits the integrity and value
of courses run by external training providers

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Your attention is drawn to the attached sheet which details your right of
complaint.

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further inquiries concerning this matter, please write
or contact Shannon Aldridge on telephone number 020 7161 3527 quoting the
reference number above.

Yours sincerely

Shannon Aldridge
Support Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

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Metropolitan Police Service (MPS)

5 September 2008

Dear Mr Walker

Freedom of Information Request Reference No: 2008080002323

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS). I note you seek access to the
following information:

Details of the general procedures involved in selecting external
training providers for your organisation.

Details of the tendering procedures involved in selecting
external training providers for your organisation.

Copies of the tenders issued for all training courses which were
eventually won by Common Purpose

.
Copies of any and all contracts between your organisation and
Common Purpose

.
Details of how your organisation audits the integrity and value
of courses run by external training providers.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated.

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless there is a fee to pay
or where we are considering whether the information requested is covered
by one of the 'qualified exemptions' (exemptions which must be tested
against the public interest before deciding whether they apply to the
information in questions). If we are considering the public interest test
we can respond within 'such time as is reasonable in the circumstances'
under Section 10 of the Act.

We are currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information, we are currently considering Section 43: Commercial
Interests.

I now advise you that the amended date for a response is 05 September
2008. Every effort will be made to respond within this new timescale.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further inquiries concerning this matter, please
contact me on 020 7161 3527 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Shannon Aldridge
Support Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

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Metropolitan Police Service (MPS)

9 September 2008

Dear Mr Walker

Freedom of Information Request Reference No: 2008080002323

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS). I note you seek access to the
following information:
1. Details of the general procedures involved in selecting external
training providers for your organisation.
2. Details of the tendering procedures involved in selecting external
training providers for your organisation.
3. Copies of the tenders issued for all training courses which were
eventually won by Common Purpose .
4. Copies of any and all contracts between your organisation and
Common Purpose .
5. Details of how your organisation audits the integrity and value of
courses run by external training providers.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated.

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless there is a fee to pay
or where we are considering whether the information requested is covered
by one of the 'qualified exemptions' (exemptions which must be tested
against the public interest before deciding whether they apply to the
information in questions). If we are considering the public interest test
we can respond within 'such time as is reasonable in the circumstances'
under Section 10 of the Act.

We are currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information, we are currently considering Section 43: Commercial
Interests.

I now advise you that the amended date for a response is 19 September
2008. Every effort will be made to respond within this new timescale.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further inquiries concerning this matter, please
contact me on 020 7161 3527 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Shannon Aldridge
Support Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint

Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

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John Walker

9 September 2008

Dear Sir or Madam,

'ello, 'ello, 'ello, wot's going on 'ere. Metropolitan Police
Service breakin' the law again are we? Don't you know you was
supposed to have sent me an answer by now? This is turnin' into an
'abit.

Now I'll let you off wif a final warnin' but if it happens again,
I'll take you straight to the Information Commissioner. And you
know wot that means - I wouldn't want to be in your shoes.

Yours sincerely,

John Walker

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Metropolitan Police Service (MPS)

17 September 2008

Dear Mr Walker

Freedom of Information Request Reference No: 2008080002323

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/08/2008. I note you seek
access to the following information:

1. Details of the general procedures involved in selecting external
training providers for your organisation

.
2. Details of the tendering procedures involved in selecting
external training providers for your organisation

.
3. Copies of the tenders issued for all training courses which were
eventually won by Common Purpose.

4. Copies of any and all contracts between your organisation and
Common Purpose

.
5. Details of how your organisation audits the integrity and value
of courses run by external training providers
.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request. I can confirm that the
information you have requested is held by the MPS.

I apologise for the delay in this response.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Directorate of Resources and Human Resources.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to:

disclose the answers to questions 1, 2 and 5 in full;
fully exempt the answers to questions 3 and 4 pursuant to the provisions
of section 12 and 43 of the Act respectively.

REASONS FOR DECISION

Question One

The vast majority of MPS training is provided internally. However there
are some circumstances where it is more appropriate to make use of
external training providers. These include subject areas where the level
of skill, knowledge or expertise are not immediately available within our
own training community or where better value may be obtained through use
of external training companies. The judgement as to whether or not to
pursue an external solution is exercised by the relevant budget holder.

In selecting external suppliers of goods and services, including external
training providers, the MPS is governed by the requirements of Domestic
and EU Procurement legislation and in particular by the MPA Contract
Regulations details of which can be found at
<http://87.102.31.206/committees/mpa/2007...>

Question Two

See the link provided above to answer this question.

Question Three

Since 2004 the MPS has spent less than £25,000 with Common Purpose and
the tendering approach undertaken by the budget holders requesting the
training for a member of their staff has been via a "Spot Purchase" with
one written quotation per person attending the course (MPA Contract
regulations 8.2.1) as each "Spot Purchase" has been less than £5,000.
Please note, a 'spot purchase' is a generic term for a local ad hoc
purchase as opposed to a purchase governed by a centrally negotiated
contract. Given this fact, I am exempting the information requested in
question 3 under section 12 of the FOIA.

Section 12 of the Act provides:

12 (1) Section 1 (1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit.

The cost of providing you with the information requested is above the
amount to which we are legally required to respond. i.e the cost of
locating and retrieving the information exceeds the 'appropriate level' as
stated in the Freedom of Information (Fees and Appropriate Limit)
Regulations 2004. We estimate that the cost of complying with question 3
would exceed the appropriate limit of £450. The appropriate limit has been
specified in regulations and for agencies outside central Government; this
is set at £450.00. This represents the estimated cost of one person
spending 18 hours [at a rate of £25 per hour] in determining whether the
MPS holds the information, and locating, retrieving and extracting the
information.

To comply with this request we would have to search every Finance and
Resources unit within the Metropolitan Police Service in order to
ascertain what information we hold, and would then subsequently have to
extract the relevant information from that unit.

Question Four

With regard to your request for copies of original contract documentation,
I am afraid that I am not required by statute to release the information
requested. This letter therefore serves as a Refusal Notice under Section
17 of the Freedom of Information Act 2000 (the Act) with regard to this
information.

REASONS FOR DECISION

Section 17 of the Act provides:

(1)A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision in part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 43 of the Act provides:

43 (2) Information is exempt 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).

Evidence of Harm

In considering whether or not this information should be disclosed, I have
considered the potential harm that could be caused by disclosure of the
requested information:

MPS contracts contain commercially confidential information which if
released could place a company at a commercial advantage or disadvantage
in securing other business. Therefore, in this case, we are declining to
release the actual contract documentation.

Public interest considerations favouring disclosure

Accountability
Providing the contracts requested would provide an insight into why we
have paid for the services of Common Purpose as opposed to other external
training providers.

Use of public funds
The Metropolitan Police Service aim to be an open and transparent force.
Providing the contracts requested would lead to an increased degree of
accountability and justification for our use of public funds, ensuring the
public's value for money. Transparency in decisions on how public funds
are spent will generate confidence in the integrity of the procedures
involved.

The process of allowing companies to compete fairly for public sector
contracts could be aided by the release of the contracts requested.
Increasing access to information about tendering processes may encourage
more potential suppliers to enter the market. Better understanding of the
market, the award criteria and knowledge of how bids are put together
could lead to improved bids in the future. When a contract comes up for
renewal, limiting this kind of information will favour the current
contractor and reduce competition, possibly leading to a decreased value
for money.

Public interest considerations favouring non-disclosure

Interest of third parties
Contracts contain commercially sensitive information about financial and
contractual issues. The impact on Common Purpose could be detrimental to
their ability to bargain, or the services and specifications they are able
to offer.

Releasing copies of contracts between the MPS and Common Purpose could
have a negative impact on the force's use of public funds. Other external
providers could see how much we spend and increase costs. Therefore, by
disclosing the budget set aside for a purchase, suppliers may raise prices
which may in turn have a detrimental effect on the resources of the MPS.

Balancing Test

After weighing up the competing interests I have determined that the
disclosure of the above information would not be in the public interest. I
consider that the benefit that would result from the information being
disclosed does not outweigh the public interest in disclosing information
relating to contracts between the Metropolitan Police Service and Common
Purpose.

Please note that although releasing the information would improve
transparency and accountability, it must be borne in mind that audits are
a safeguard in relation to our accounts and expenditure.

Question Five

Responses to an invitation to tender are scrutinised by a tender board.
The relative costs are considered as well as whether or not the tenderer
has the capability to deliver the service required. Ensuring that there
is no conflict with the declared values of the MPS is also taken into
account. All training is subject to evaluation through application of the
MPS training evaluation strategy.

Integrity is always a difficult thing to measure and can be entirely
subjective. In terms of auditing the value of the training, the MPS
Evaluation Strategy would apply in such circumstances where courses are
both internally and externally validated.

The MPS Director of Training and Development has overall responsibility
for maintaining standards in MPS learning and development programmes, and
as such may commission evaluation projects to seek assurance that the
required standards are maintained and that learning programmes are fit for
purpose. The Training Management Board and Business Group Training Boards
may also commission evaluation projects, and should, in turn, ensure that
action is taken with regard to recommendations arising from evaluations.

For learning programmes that are designed and delivered to meet local
needs (e.g. by individual OCUs), evaluation projects will normally be
commissioned and undertaken locally.

These links may also be of interest to you:

http://www.met.police.uk/foi/pdfs/polici...

http://www.mpa.gov.uk/downloads/committe...

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further inquiries concerning this matter, please write
or contact Shannon Aldridge on telephone number 020 7161 3527 quoting the
reference number above.

Yours sincerely

Shannon Aldridge
Support Officer

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

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