Date: 14 December 2021
Ref: PSC-74932-L4S6
Your request for information Thank you for your request for information which we originally received on 17 November
2021. Your request has been reviewed and responded to as a legal obligation pursuant
to the Freedom of Information Act 2000.
Your request
1. “Could you please explain us how is it possible for a document [Property
Protection Proposal] to be signed 4 days before its creation date?
2. Also could you please share a copy of NHS Property Services invitation for the
proposal for Stamford Brook Centre in 2016?
3. What actions NHS Property Services Ltd had taken towards G100?
4. Why did NHS Property Services prefer to take the property guardians to court
initially who were offered places via Global Guardians Management (and asked to
pay deposit, arranging viewings, GGM even added "Short lets considered" just like
a tenancy as advertised on spareroom?
5. How a property of NHS Property fails being compliant with the Health & Safety
standards and put the property guardians health and safety at risk?”
Our response Under section 1 of the Freedom of Information Act, we confirm that we hold the
information requested. Please see our responses as follows.
1. The letter of acceptance is dated 4 April 2016 and was sent after the Property
Protection Proposal (dated 31 March 2016) had been considered and signed and
returned by NHSPS.
2. The ‘invitation’ for the proposal is not a document, just an opportunity. As such,
NHSPS confirms that we do not hold the information as you have requested it.
3. NHS Property Services has taken no action against G100.
4. Under section 42 of the Freedom of Information Act, we are exempt from releasing
this information as it is protected by litigation privilege. This is a qualified
exemption, and as such requires a public interest test, which you will see below.
5. Global Guardians are responsible for all health and safety compliance matters
within the building, along with health and safety of the Guardians themselves.
NHS Property Services Limited, Registered in England & Wales No: 07888110
Public Interest Test Factors in favour of release:
• Releasing information relating to our legal decisions would promote accountability
and transparency for decisions taken by public authorities.
Factors in favour of withholding:
• Disclosure of information regarding our legal decisions would undermine the
openness of all communications between client (NHSPS) and lawyer to ensure
access to full and frank legal advice. This in turn is fundamental to the administration
of justice.
• Disclosure of the requested information could significantly divert resources away
from our core business activities and burden our resources and colleagues.
• Disclosure of the requested information may impact our reputational and financial
position in the marketplace. Suppliers would be significantly less likely to approach
us for opportunities or would be less likely to make strong offers.
• Disclosure of the requested information may lead to reputational and financial
damage that would affect future investments or commercial relationships which
would have a knock-on effect to the money raised for the health economy.
• It is firmly in the public interest that we engage in positive business relationships
and are portrayed as strong portfolio holder. Disclosure of the requested
information would likely undermine our position and detriment the NHS and patient
care across England.
• If we disclose assumptions we use on land costs, the market could deduce what
value we have attributed to the land, which could have a material impact on
disposal receipts were we to subsequently dispose of the property.
Having considered the above, we are of the view that the factors in favour of maintaining
the exemption outweigh the factors in favour of disclosure. Therefore, the balance of the
public interest test is greater in maintaining the exemption available under section 43(2) of
the Freedom of Information Act 2000.
Informative
If you as the requester are unsatisfied with the response that you have received, you can
request for an internal review. To do this, please email
xxx@xxxxxxxx.xxx.xx quoting the
above reference number in the header. Once an officer has reviewed your request and
the response you have received, you will receive a formal response within 20 working
days.
If you remain dissatisfied with the outcome of your appeal, you may contact the Information
Commissioner’s Office (ICO). We advise that the ICO will not respond until you have first
gone through our appeal procedure, and you should contact the Commissioner within two
months of the outcome. Further information on the Freedom of Information Act 2000 is
available at
www.ico.org.uk
NHS Property Services Limited, Registered in England & Wales No: 07888110
