Use of Agency Social professionals

Dear Sir/Madam

Request for Information (Reference 10/FOI/2092)

Thank you for your request for information for agency social work
professionals, received on 19 March 2010.

Gloucestershire County Council is committed to the principles of the
Freedom of Information Act (FoIA) and will wherever possible provide all
the information requested unless constrained by another statute or by an
exemption within the FoIA. Please note that some information you have
requested may not be provided to you; this will only be information that
can be withheld by law. In most cases the reasons will be explained to you
along with your copy of any information that can be released to you.

Your request is being considered and you will receive a response as soon
as possible and within the statutory timescale of 20 working days, as
defined by the FoIA; that date is 20 April 2010.

We may need to contact you if the request needs to be clarified; this is
to ensure that we provide you with the information you require.

If the information you have requested is held by another public authority
we will transfer the request to them. If you have any objections to this
approach please contact us as soon as possible so we know not to transfer
the request and we will provide you with the relevant contact details
instead.

Yours sincerely

Sue Morris

Information Management Service Administrator

Information Management Service

Gloucestershire County Council

Community & Adult Care Directorate

Shire Hall

Gloucester

GL1 2TG

Tel: 01452 426837

Email: [1][email address]

Go to [2]www.gloucestershire.gov.uk to find information on any County
Council service. It couldn't be easier to find information instantly and
in some cases apply for services on line.

For Freedom of Information (FOI) requests please email
[3][Gloucestershire County Council request email]

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Dear A Elliott

Request for Information (Reference 10/FOI/2092)

I am writing in response to your request for information received on 19
March 2010.

I can confirm that the information you have requested is held by
Gloucestershire County Council. I have given your request careful
consideration, but have decided that some of the information should be
withheld.

Please find attached answers to questions 4-6.

The remaining information requested is exempt from disclosure under the
Freedom of Information Act (FoIA) on the basis of the exemption as set out
in section 43, i.e. its disclosure would prejudice the commercial
interests of the council and Comensura Ltd.

This email therefore acts as a refusal notice under section 17 of the FoIA
as some of the information you have requested is exempt from disclosure.

Section 43 is a qualified exemption and as such the council is required to
undertake a public interest test. With respect to the section 43 exemption
the matters which were considered in applying the public interest test are
as follows:

For release:

Releasing details of the contract between Gloucestershire County Council
and Comensura Ltd would provide the public with a limited understanding of
the council's current position with regards to its use of agency social
professionals.

Release of the information would promote transparency in terms of spending
decisions made by the council.

Against release:

1. The disclosure of the information would have a material impact
upon the commercial interests of Comensura Ltd in that the information
would provide to their competitors information which would have a material
impact upon their commercial viability.

2. By disclosing the information it would damage the reputation
and or business confidence in Comensura Ltd. This would apply in that it
would show their suppliers the rates being paid to other suppliers, this
could have an impact upon the investors in the company if the competitive
edge of the company were to be impacted.

3. The margins upon which Comensura Ltd's offer is made is
commercially sensitive.

4. The disclosure of the information will not:

o further the understanding of and participation in a debate of
the issues of the day;

o facilitate the accountability and transparency of public
authorities for decisions of spending by them;

o allow individuals to understand decisions made by public
authorities; or

o bring to light information on public safety.

5. The disclosure of the information would not be in the public
interest in that none of the above conditions apply. The only beneficiary
of any disclosure is a competitor of the Company. Please note that
Comensura's pricing is based upon a package of services that are provided
and the pricing model takes into account the services (management time,
expertise, software and its development over time etc).

It is considered that the greater public interest therefore lies in
withholding the information. In coming to that conclusion, the public
interest in providing the information has been carefully weighed against
any prejudice to the public interest that might arise from withholding the
information.

If you feel that we have failed to comply with the FoIA in relation to
this request, you may make a complaint or request an internal review by
writing back within 40 working days of the date of receipt of this email,
and sending us any supporting evidence which you think supports your
complaint. Please follow this link to view the Information Compliance
Complaints Procedure:
[1]http://www.gloucestershire.gov.uk/index..... There
will be no charge for dealing with your complaint. Please address your
complaint or request for an internal review to the Information Management
Service at:

Gloucestershire County Council

Ground Floor, Block 2/3

Shire Hall, Westgate Street

Gloucester

GL1 2TG

Or by email to [2][Gloucestershire County Council request email]

To help us understand our users and improve our service we would
appreciate your feedback on the quality of service and response you have
received in relation to your recent request for information. If you would
like to provide feedback on this process please use our online form which
is available at
[3]http://www.gloucestershire.gov.uk/index.....

I will now close your request as of this date.

Yours sincerely

Teresa Wilmshurst

Information Manager

Community and Adult Care Directorate

Gloucestershire County Council

Shire Hall

Westgate Street

Gloucester

GL1 2TG

Tel: 01452 425186

Email: [4][email address]

Go to [5]www.gloucestershire.gov.uk to find information on any County
Council service. It couldn't be easier to find information instantly and
in some cases apply for services online.

For Freedom of Information (FOI) requests please email
[6][Gloucestershire County Council request email]

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