Details of Contracts with OLM Group

Dear Enquirer,

Your message has been received and will be dealt with as soon as possible.
Our standard is to reply within ten working days.
Should you need to make contact with us again on this matter, it helps us
if you quote reference number: 73846

Kind Regards
Dan at HertsDirect

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N Matojo To FOI requests at
<[FOI #41816 email]> Hertfordshire County Council
<[Hertfordshire County Council request email]>
13/07/2010 14:27 cc
Subject Freedom of Information
request - Details of
Contracts with OLM Group

Dear Hertfordshire County Council,

I am writing to request information about your arrangement with OLM
Group and OLM Financial Management.

Specifically I would like:

1. A copy of any contracts and appendices between the
council and OLM Group together with the monetary amounts
of these contracts.

2. Council guidelines/policies for working with OLM Group and OLM
Financial Management

3. What monitoring, if any, is done to ensure OLM Group and OLM
Financial management operates within council guidelines.

My preferred format to receive this information is by electronic
means. If one part of this request can be answered sooner than
others, please send that information first followed by any
subsequent data. If you need any clarification of this request
please feel free to email me. If FOI requests of a similar nature
have already been asked could you please include your responses to
those requests.

Many public authorities release their contracts with private
vendors in line with the Freedom of Information Act. The exemption
for commercial interest under the Act (section 43) is a qualified
exemption, which means information can only be withheld if it is in
the public's interest. The public have an interest in knowing the
terms of contracts awarded by public authorities, whether or not
public money changes hands immediately.

If you are relying on section 41 (the exemption for legal breach of
confidence) then I would like to know the following:
o When these confidentiality agreements were agreed
o All correspondence and email in which these confidentiality
agreements were discussed.
o The precise wording of the confidentiality agreements

I ask these questions because guidance issued by both the Lord
Chancellor (draft guidance on FOI implementation) and the Office of
Government Commerce (Model terms and conditions for goods and
services) specifically state that public authorities should not
enter into these types of agreements; they go directly against the
spirit of the laws of disclosure. I would also point to the
Information Commissioner's guidance on accepting blanket commercial
confidentiality agreements: `Unless confidentiality clauses are
necessary or reasonable, there is a real risk that, in the event of
a complaint, the Commissioner would order disclosure in any case.'

Finally, within the law of confidence there is also a public
interest test. Therefore, the contracts should be disclosed in
full. If any parts are redacted they must be for information that
can be proven to be a legal breach of confidence in court, and only
then where secrecy can be shown to be in the public interest. These
are difficult positions to argue when public money is at stake or
where a public authority is offering a private company a monopoly
to charge its stakeholders.

I would be grateful if you could confirm in writing that you have
received this request, and I look forward to hearing from you
within the 20-working day statutory time period.

Yours faithfully,

Yours faithfully,

N Matojo

show quoted sections

Reference number: FOI/RAP/07/10/2272

Dear N Matojo,

Thank you for your correspondence of 13th July 2010 requesting the
following information:

'I am writing to request information about your arrangement with
OLM
Group and OLM Financial Management.

Specifically I would like:

1. A copy of any contracts and appendices between the
council and OLM Group together with the monetary amounts
of these contracts.

2. Council guidelines/policies for working with OLM Group and OLM
Financial Management

3. What monitoring, if any, is done to ensure OLM Group and OLM
Financial management operates within council guidelines.
My preferred format to receive this information is by electronic
means. If one part of this request can be answered sooner than
others, please send that information first followed by any
subsequent data. If you need any clarification of this request
please feel free to email me. If FOI requests of a similar nature
have already been asked could you please include your responses to
those requests.'

Your request for information is being considered under the Freedom of
Information Act 2000. We will respond to your request as quickly as
possible, and by 10th August 2010 at the latest.

If you have any questions, please do not hesitate to contact me, quoting
the reference number on this email.

Yours sincerely,
________________________________________
Information Governance Unit
Hertfordshire County Council
Telephone: 01992 555848
Fax: 01992 588117
Email: [email address]

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Dear N. Matojo,

Reference number: FOI/ENV/07/10/2272

On 13th July 2010 we received the following request for information from
you:

' I am writing to request information about your arrangement with OLM
Group and OLM Financial Management.

Specifically I would like:

1. A copy of any contracts and appendices between the council and OLM
Group together with the monetary amounts
of these contracts.

2. Council guidelines/policies for working with OLM Group and OLM
Financial Management

3. What monitoring, if any, is done to ensure OLM Group and OLM
Financial management operates within council guidelines.

My preferred format to receive this information is by electronic
means. If one part of this request can be answered sooner than
others, please send that information first followed by any subsequent
data. If you need any clarification of this request
please feel free to email me. If FOI requests of a similar nature have
already been asked could you please include your responses to
those requests.

Many public authorities release their contracts with private vendors
in line with the Freedom of Information Act. The exemption
for commercial interest under the Act (section 43) is a qualified
exemption, which means information can only be withheld if it is in
the public's interest. The public have an interest in knowing the
terms of contracts awarded by public authorities, whether or not
public money changes hands immediately.

If you are relying on section 41 (the exemption for legal breach of
confidence) then I would like to know the following:
o When these confidentiality agreements were agreed
o All correspondence and email in which these confidentiality
agreements were discussed.
o The precise wording of the confidentiality agreements

I ask these questions because guidance issued by both the Lord
Chancellor (draft guidance on FOI implementation) and the Office of
Government Commerce (Model terms and conditions for goods and
services) specifically state that public authorities should not
enter into these types of agreements; they go directly against the
spirit of the laws of disclosure. I would also point to the
Information Commissioner's guidance on accepting blanket commercial
confidentiality agreements: `Unless confidentiality clauses are
necessary or reasonable, there is a real risk that, in the event of a
complaint, the Commissioner would order disclosure in any case.'

Finally, within the law of confidence there is also a public interest
test. Therefore, the contracts should be disclosed in
full. If any parts are redacted they must be for information that can
be proven to be a legal breach of confidence in court, and only
then where secrecy can be shown to be in the public interest. These
are difficult positions to argue when public money is at stake or
where a public authority is offering a private company a monopoly to
charge its stakeholders. '

Your request for information has been considered under the Freedom of
Information Act 2000. I can confirm that Hertfordshire County Council does
hold the information you have requested, and can respond as follows:

'1. A copy of any contracts and appendices between the council and OLM
Group together with the monetary amounts of these contracts.
The Council considers that the contract and appendices between
Hertfordshire County Council and the contractor (OLM) is exempt from
disclosure under section 43(2) of the Act as disclosure of the information
requested would or would be likely to prejudice the commercial interests
of the contractor and the County Council.

This is a qualified exemption which means that it is subject to a public
interest test. We have followed the Information Commissioners guidance on
carrying out this public interest test.
[1]http://www.ico.gov.uk/upload/documents/l...

The factors which we have considered in favour of disclosure are:

· There is a public interest in allowing scrutiny of how public
money is spent and ensuring value for money when purchasing goods and
services.
· Facilitate the accountability and transparency of public
authorities for decisions taken by them including the procurement process.
· Allow individuals to understand decisions made by public
authorities affecting their lives and, in some cases, assist individuals
in challenging those decisions.

The factors we have considered which are against disclosure are:

· The disclosure of the requested information would potentially
cause detriment to the commercial interests of the contractor.
· The public interest in maintaining good relations between the
private and public sector.
· The public interest in ensuring companies are able to compete
fairly.
· The public interest in ensuring that there is competition for
public sector contracts, and not discouraging the private sector from
doing business with the public sector.
· The public interest in ensuring that any future bargaining
position during contractual negotiations which the County may have is
maintained which would result in effective use of public money.
· Disclosure may make it more difficult for individuals/commercial
bodies to be able to conduct commercial transactions or have other
dealings with public bodies.

On balance, given the contract was agreed in 2009, it is considered that
it is not in the public interest to disclose the requested information as
its disclosure would or would be likely to prejudice the commercial
interests of third parties and or the Council. Disclosure could affect the
Council's ability to obtain the best rates for such contracts in the
future and could also affect the OLM's ability to successfully tender for
any renewable contract.

2. Council guidelines/policies for working with OLM Group and OLM
Financial Management
Hertfordshire County Council has no specific policies other than those
agreed in the contract.

3. What monitoring, if any, is done to ensure OLM Group and OLM Financial
management operates within council guidelines.
The OLM project is jointly monitored, managed and reviewed by officers
from Hertfordshire County Council's Adult Care Services Department and
Corporate Procurement Team. The Project Team incorporates a Project Board
that meets with OLM every 6 weeks and has an agenda that checks on the
work being undertaken on HCC's behalf. HCC also has Project Manager who
closely monitors OLM activity, on a day to day basis, and reports into the
Project Board Chair on a weekly basis.

Further to your question regarding other FOI requests of a similar nature,
we have not received any other requests about this organisation. '

If you have any questions, please do not hesitate to contact me, quoting
the reference number on this letter. To find out more about Freedom of
Information, please visit www.hertsdirect.org/foi

If you are unhappy with the way the County Council has handled your
request for information, you may complain through the County Council's
complaints procedure which is available at www.hertsdirect.org/complaints

If you are unhappy with the outcome of the complaints procedure you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

Yours sincerely
Ciceley Scarborough
Information Access Practitioner
________________________________________
Information Governance Unit
Hertfordshire County Council
Telephone: 01992 555848
Fax: 01992 588117
Email: [email address]

show quoted sections

Dear Enquirer

Your message has been received and will be dealt with as soon as possible.
Our standard is to reply within ten working days.
Should you need to make contact with us again on this matter, it helps us
if you quote reference number: 02902

Kind Regards

Alana at HertsDirect
Click here: http://www.hertsdirect.org/interactive/h... to
subscribe to the council's new email alert service. Help us by forwarding
this email to friends who may also want to subscribe.

N Matojo To FOI requests at
<[FOI #41816 email]> Hertfordshire County Council
<[Hertfordshire County Council request email]>
31/08/2010 15:41 cc
Subject Internal review of Freedom
of Information request -
Details of Contracts with
OLM Group

Dear Hertfordshire County Council,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Hertfordshire County
Council's handling of my FOI request 'Details of Contracts with OLM
Group'.

Within the law of confidence there is a public interest
test. Therefore, the contracts should be disclosed in
full. It may be reasonable to redact portions which might be proven
to be a legal breach of confidence in court, and only
then where secrecy can be shown to be in the public interest. In
this case secrecy cannot be in the public interest with the publics
money is involved in these straightened times Your position is
difficult to argue when public money is at stake or
where a public authority is offering a private company a monopoly
to charge its stakeholders. '

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/de...

Yours faithfully,

N Matojo

show quoted sections

Dear Enquirer

Your message has been received and will be dealt with as soon as possible.
Our standard is to reply within ten working days.
Should you need to make contact with us again on this matter, it helps us
if you quote reference number: 02906

Kind Regards

Alana at HertsDirect
Click here: http://www.hertsdirect.org/interactive/h... to
subscribe to the council's new email alert service. Help us by forwarding
this email to friends who may also want to subscribe.

N Matojo To FOI requests at
<[FOI #41816 email]> Hertfordshire County Council
<[Hertfordshire County Council request email]>
31/08/2010 15:48 cc
Subject Internal review of Freedom
of Information request -
Details of Contracts with
OLM Group

Dear Hertfordshire County Council,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Hertfordshire County
Council's handling of my FOI request 'Details of Contracts with OLM
Group'.

The first point that I would like to make you aware of is that the
guidelines for the FOI Act require you to disclose as much of the
information as possible. The fact that there may be some exempt
information does not preclude disclosure of information with
appropriate redactions. This would clearly apply in this case.
Furthermore the commercial interest exemption does not extend to
protecting the unfair commercial advantages that providers have as
a result of being party to the details of what are successful bids
and successful contracts. The point therefore argues for disclosure
of this information so that there is a level playing field among
all contractors were the contracts to be up for renewal.
Moreover I draw your attention to a statement made by Information
Commissioner, Chris Graham:

"It should be absolutely routine that details of contracts, value
of contracts, expenses, minutes of top-level meetings just should
be up there on departmental websites."
I should not need to outline the well-established principle that it
is in the public interest to publish contracts with suppliers in
order to create a fair marketplace. Numerous decisions by the
Commissioner and the Tribunal which you will be aware of attest to
that.

When it comes to matters of the public interest you will be aware
that the Information Commissioner has supported the disclosure of
information in many cases making amongst others the following
points as benefits of disclosure to encourage disclosure of
information by public bodies:
** furthering understanding of and participation in debate about the
issues of the day.
** promoting accountability and transparency regarding the spending
of public money.
** improving decision-making by obliging officials to make reasoned
explanations for their decisions.
** allowing individuals and companies to understand decisions made
which affect their lives and enabling them to challenge those
decisions.
**

I would emphasise that many public authorities release the
requested information and details of their contracts with private
vendors in line with the Freedom of Information Act. You will note
that the exemption for commercial interest under the Act (section
43) is a qualified exemption, which means information can only be
withheld if it is in the public**s interest. The public have an
interest in knowing the terms of contracts awarded by public
authorities, whether or not public money changes hands immediately.

It is also of note that the Information Commissioner has already
rejected efforts on a similar to yours to withhold information from
public scrutiny. He has said that given that providers to the
agreement are aware of its current terms, and of the fact that a
renegotiation is possible, the Commissioner has considered that the
ability to renegotiate the agreement at a later point in time will
not be significantly damaged by the disclosure of the information.
Neither base negotiation terms, nor any future aspirational terms
are included within the information. Hence no planned terms, held
for the purposes of instigating a future renegotiation attempt,
would be released by its disclosure. A disclosure of information
known to both parties at this time will not therefore shift the
commercial balance between the parties to one side or the other.
The Information Commissioner has also noted that businesses wishing
to contract with authorities may, in general, benefit from the
information access rights. Greater access rights to agreements and
tendering information may produce a better understanding of
contract terms which have been successful in the past. This could
benefit the Council, and ultimately tax payers, in that businesses
may amend their practices or suggested terms in order to be more
competitive given their knowledge of previous terms or tenders. The
Commissioner has not therefore accepted the argument that
information should be withheld from disclosure solely on the basis
that to do otherwise could damage business confidence in tendering
or negotiating contracts with public authorities.

The exemption you seek to rely on is a qualified exemption and
requires that a public
interest test is carried out in order to decide whether or not the
information should be provided where the exemption in engaged. The
test is whether the public interest in disclosing the information
outweighs the public interest in maintaining the exemption.

It is also apparent that disclosing the information may encourage
open competition and ensure value for money. Interested third
parties will be aware of the intended terms and have a better
understanding as to whether they are able to offer more competitive
terms to the parties. This would benefit the Council if they are
able to obtain a better price, or better terms, for in the future.
As such your decision cannot be therefore in the public interest.

On the side of disclosing the information is the fact that there is
a strong public interest in open and accountable local government.
It is in the public interest for authorities to be open and
transparent as possible when carrying out their functions in order
that the public may scrutinise the actions and decisions being
taken by the Council. Disclosure would enhance the public**s ability
to scrutinise the actions of the Council, and provide a clear
understanding of the nature of the agreements that tax payers pay
for.

Finally, assuming that you continue to assert that the an exemption
continues to apply (which evidentially you should not),
can you point to me any available evidence (historical or
otherwise) that could persuade me that this supposition is not
wholly a matter of personal opinion?

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/de...

Yours faithfully,

N Matojo

show quoted sections

Dear N Matojo

Please see attached.

Regards
Jenny Koon Koon
Solicitor
Adults, Children and Employment Legal Team
Hertfordshire County Council
01992 555534 (Tel)
01992 555541 (Fax)

Please note that Hertfordshire County Council does not accept service by
email

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

Dear N Matojo

Please see the attached.

Regards
Jenny Koon Koon
Solicitor
Adults, Children and Employment Legal Team
Hertfordshire County Council
01992 555534 (Tel)
01992 555541 (Fax)

Please note that Hertfordshire County Council does not accept service by
email

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.