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Request for information regarding company

Gavin Starky made this Freedom of Information request to Pennine Care NHS Foundation Trust

The request was partially successful.

From: Gavin Starky

18 September 2008

Dear Sir or Madam,

Can you tell me if a company by the name of "The Campaign Company"
registration number 04275708 has undertaken any work for your
organisation since 23/08/2001?

If so, what was the nature of the work undertaken, was the work
satisfactory or met its targets and what was the total cost for the
undertaking of this work?

If said company has undertaken more than one piece of work with
your organisation can you give information for each case
individually?

Yours faithfully,

Gavin Starky

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From: Purves Shavarnah
Pennine Care NHS Foundation Trust

29 September 2008

Dear Mr Starky,

Thank you for your request for Information, received at this office on
18th September 2008.

Please accept my sincere apologies for the delay in acknowledging your
request. Your request will now be considered and 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 Pennine Care NHS
Foundation Trust 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.

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

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.

We anticipate being able to provide you with information that you have
requested by 16th October 2008.

I would like to take this opportunity to thank you for your interest in
Pennine Care NHS Foundation Trust.

Yours sincerely,

Jenny Spiers

Information Governance Manager

show quoted sections

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From: Clifford Melissa
Pennine Care NHS Foundation Trust

16 October 2008

Dear Mr Starky,

Thank you for your request for Information, received at this office on
18th September 2008.

This is to inform you that 'The Campaign Company' has undertaken work
for Pennine Care NHS Foundation Trust. The nature of the work included:

- Trust Board Development Sessions
- Attendance and Presentation at the Member Council Welcome Meeting
- Production of Training needs Survey, the collation of results and
production of report
- Governor Candidate Workshops and Election Roadshows.

The total cost for undertaking this work, whether the work was completed
satisfactorily or met its targets- is being withheld under the Freedom
of Information Act 2000. The exemption which applies is Section 43 -
Commercial Interests. Section 43 exempts information whose disclosure
would be likely to prejudice the commercial interests of any person.

This request is now complete and shall be closed immediately. Should
any further information be requested regarding this topic, a separate
request will need to be submitted.

I would like to take this opportunity to thank you for your interest in
Pennine Care NHS Foundation Trust.

Yours sincerely,

Jenny Spiers
Information Governance Manager

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Alex Skene left an annotation (16 October 2008)

This is not a proper Refusal Notice as required under Section 17 of the FOIA:

1. No details provided for how to complain or request an internal review, nor contact details of the Information Commissioner

2. For information witheld under Section 43, the following must be provided:
* Details of the exact FOIA exemption - either 43.1 Trade Secrets or 43.2 Commercial Interests.
* Details of who would be prejudiced.
* A "Public Interest Test" where the arguments for and against release of the information should be discussed (as this is a "qualified" exemption).
* If release of the information could prejudice a third party, they should be consulted with.

See the following for references for the above:
http://www.whatdotheyknow.com/request/ca...

A request for an internal review by someone at the public authority who was not involved with the original request is recommended.

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From: Gavin Starky

20 October 2008

Dear Clifford Melissa,

Can you explain to me why you consider this request to be exempt
under ection 43 given that I have submitted identical requests to a
number of public bodies who have been happy to provide me with this
information.

Yours sincerely,

Gavin Starky

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From: Spiers Jenny
Pennine Care NHS Foundation Trust

21 October 2008

Dear Mr Starky

Melissa Clifford has forwarded your latest email with regards to our
Freedom of Information response to you concerning ref. no. F2008-00294. I
am unable to comment on responses from other organisations.

In answer to your question as to why part of your request is exempt under
section 43, can I apologise for this being omitted from our response which
is as follows:

In considering the public interest test under Section 43 with regards to
disclosure of financial information and, having consulted the third party
company, it was felt that disclosure of such financial information may
affect the commercial interests of the company concerned in that it may
affect their ability to competitively tender for services given that their
pricing had been made publicly available by ourselves. This information
may be available in the future as it will become less sensitive over time.

With regards to whether or not the work was completed to our satisfaction
or met its targets is not documented and is therefore subject to opinion
and is not available as a Freedom of Information request.

If I can be of any further help please do not hesitate to contact me
however, if you are not satisfied with the responses given you may contact
the Office of the Information Commissioner, Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF or by phone at 01625 545745.

Regards

Jenny Spiers

Pennine Care NHS Trust

Information Governance Manager

Trust HQ

0161 604 3145

[mobile number]

[email address]

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