SEND National Crisis Warwickshire
Please ask for
23rd April 2021
Dear SEND National Crisis Warwickshire Freedom of Information Act 2000
Your request for information has been considered by Warwickshire County Council
under the Freedom of Information Act 2000.
I can confirm that the information you have requested is held by Warwickshire County
Council. However, please be advised we are unable to provide the information.
This is because most of the information is exempt under Section 21 (Information
reasonably accessible to the applicant by other means) of the Freedom of Information
Act 2000, as it is already published.
Also, part of this information is exempt under Section 43 (Commercial Interests) of the
Freedom of Information Act 2000.
Please see below for further details and explanations.
You asked us: Several areas of work were sighted as informing the SEND Change Programme.
Please could you issue copies of the following reports referenced in the SEND
Change Programme Cabinet papers / 11th June 2020.
1. DSG High Needs Task and Finish Group review and plan presented to Schools
Forum (April-September 2019).
Please see the published documents from the Warwickshire County Council Schools
Forum meetings in May and October 2019 at: https://democracy.warwickshire.gov.uk/ieListMeetings.aspx?CommitteeId=178
Please see the Section 21 explanation below. 2. SEND Peer Review (September 2019).
Please see the published Warwickshire County Council Cabinet papers for January
Please see the Section 21 explanation below. 3. Impower Transformation Review (November 2019 - March 2020).
This report is commercially sensitive and cannot be fully disclosed. The main findings
are summarised in the published Warwickshire County Council Cabinet report in June
Please note: We consider that an exemption under Section 43(2) (Prejudicial to
commercial Interests) applies because disclosure of the full report in question could
prejudice a third parties’ commercial interests, as the information contained within it
could enable a competitor to gain an unfair advantage by having detailed access to their
methodology and reports, and this would help the competitor in terms of securing future
We are also applying this exemption in respect of the Council's commercial interests, as
disclosure of this level of detail might affect the Council’s ability to secure value for
money services from providers by not allowing us to secure the best possible contract
terms within this service area.
In applying this exemption, we have had to balance the public interest in withholding the
information against the interest in favour of disclosure. Arguments in favour of withholding information.
• It is not in the public interest for the Council to deter future suppliers from bidding for
future contracts, as this may mean that the Council does not get the best deal and
therefore is not spending public money as efficiently as it could be.
• In addition, it is not in the public interest for suppliers to withhold information from
future tender submissions because they are concerned about future disclosure, as this
would mean the Council cannot make an informed decision when choosing a supplier.
• Finally, it is in the public interest to ensure fair commercial competition in a mixed
economy and therefore it would not be in the public interest to affect competition by
giving one potential supplier an unfair advantage, or to prevent the council from
securing best value for money. Arguments in favour of disclosing information.
The Council does recognise that there are argument(s) in favour of disclosure.
• Transparency in respect of how the Council spends public money.
• Enabling public scrutiny in ensuring that the Council is securing the best use of public
Nevertheless, the Council considers that in all the circumstances of the case the public
interest in maintaining the exemption outweighs the public interest in disclosing the
Therefore, please treat this letter as a refusal notice in accordance with Section 17 of
the Freedom of Information Act 2000, in respect of the full report required to answer
question 3 of your request, as outlined above.
Please also see the Section 21 explanation below. 4. Schools Forum DSG Recovery Plan task-group (April 2020).
Please see published documents from the Warwickshire County Council Schools Forum
meeting in June 2020, and subsequent meetings at:https://democracy.warwickshire.gov.uk/ieListMeetings.aspx?CommitteeId=178
Section 21 explanation.
Please note: We consider that the information to answer your request is exempt under
Section 21(1), (Information reasonably accessible to the applicant by other means) of
the Freedom of Information Act 2000.
Although this information is held by Warwickshire County Council, under Section 21 of
the Freedom of Information Act 2000 Public Authorities are not required to provide
information in response to a request if it is already reasonably accessible.
Please follow the relevant links above, which will take you directly to the Warwickshire
County Council webpages where you will find published copies of these documents,
along with other relevant information.
Please treat this response as a refusal notice under Section 17 of the Freedom of
Information Act 2000, in respect of the published information as outlined above. Yours faithfully.
If you are dissatisfied with the handling of your request, you have the right to ask for an
internal review. Internal review requests should be submitted within 40 days of the date
of receipt of the response to your original letter and should be addressed to:
CV34 4RL firstname.lastname@example.org
If you are not content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at:
The Information Commissioner's Office
Phone: 0303 123 1113 Website: www.ico.gov.uk
I will now close your request as of this date.
Information Rights Officer