NHS South East London ICB
160 Tooley Street
London
SE1 2TZ
Email: xxx@xxxxxxxxxxx.xxx.xx
Dear Mr Royds,
Reference: FOI.22.SEL083
15 August 2022
Re: Freedom of Information request
Thank you for your request under the Freedom of Information Act 2000 made to NHS South East
London (SEL) Integrated Care Board (SEL ICB).
Your Request
1. Do you have a Tier 3 Weight Management programme? If so, please provide the contract
expiry date, contract value and vendor name.
Yes
TBS Healthcare, Contract Expiry date 30 September 2022.
* Please see below for contract value.
2. Who is the senior officer/officer (outside of procurement) responsible for Tier 3 Weight
Management?
South East London ICB Director of Commissioning and Improvement.
3. Do you have a Diabetes Structured Education programme? If so, please provide the
contract expiry date, contract value and vendor name.
Yes – this is called Diabetes Book and Learn, provided by Spirit Healthcare. Contract expiry
date is October 2023.
* Please see below for contract value.
4. Who is the senior officer/officer (outside of procurement) responsible for Diabetes
Structured Education?
South East London ICB Director of Commissioning and Improvement.
* NHS South East London ICB does hold this information. The ICB considers this information
exempt from disclosure under Freedom of Information Act 2000, Section 43(2) (Commercial
Interests). Releasing this information would adversely affect the commercial interests of the
ICB. The contract values are part of procurement processes which are confidential – so
tenders compete on price and do not know what other tenderers are offering.
Section 43(2) is a prejudice based ‘qualified’ exemption and is subject to the public interest
test. This means that not only does the information have to prejudice one of the purposes
listed, but before the information can be withheld, the public interest in preventing that
prejudice must outweigh the public interest in disclosure.
Public Interest Test
Considerations in favour of disclosure:
• The inherent public interest in the openness and transparency of public authority
dealings
• The public interest in demonstrating that officials are spending public money wisely and
getting best value, without fear or favour
Considerations against disclosure:
• Disclosing this information may cause more economically efficient providers to raise
prices.
• Disclosing this information could prejudice the ICB’s ability to obtain best quality of
service and value.
• Disclosing this information could weaken the ICB’s position as potential companies
would not have confidence that the ICB would keep sensitive financial data private.
• The inherent public interest in avoiding the prejudice specified in the exemption.
Conclusion:
The ICB recognises that there is a public interest in the disclosure of information which
facilitates the accountability and transparency of public bodies for decisions taken by them.
However, there is also a public interest in the ICB being able to work within competitive
markets where results in a financial or resource benefit is put to the wider public interest.
Having undertaken the balancing exercise, the ICB has concluded that the public interest in
maintaining the exemption outweighs the public interest in disclosing the requested
information having regard to the effect that the disclosure would not be in the public
interest.
Given that the definition of ‘public’ under the Act is considered to be the public at large,
rather than just the individual applicant or a small group of people and that ‘public interest’
is not necessarily the same as what interests the public, it is considered that to release this
sensitive information into the public domain is likely to result in prejudice to the commercial
interests of the ICB which is not outweighed by the wider public interest for disclosure.
Copyright and Re-Use of Public Sector Information
The information supplied to you continues to be protected by the
Copyright, Designs and Patents
Act 1988. You are free to use it for your own purposes, including any non-commercial research you
are doing and for the purposes of news reporting. Any other re-use, for example commercial
publication and subscription charge, would require the permission of the copyright holder. This can
be obtained via an application for an open government licence (OGL) under the
Re-Use of Public
Sector Information Regulations 2015.
Use of information expressly made available under this licence indicates your acceptance of the
terms and conditions as set out in the OGL.
To make an application for re-use you must:
• Make a request in writing to the address below,
• State the name of the applicant and an address for correspondence,
• Specify the document to be re-used,
• State the purpose for which the document is to be re-used
Postal address:
NHS South East London ICB
160 Tooley Street
London
SE1 2TZ
Email:
xxx@xxxxxxxxxxx.xxx.xx
For information where the copyright is owned by another person or organisation, you must apply to
the copyright owner to obtain their permission to re-use. Further guidance for re-users can be found
at:
http://nationalarchives.gov.uk/documents/information-management/ogl-user-guidance.pdf
NHS South East London ICB complies with the
Re-use of Public Sector Information Regulations 2015
and we encourage the re-use of the information that we produce, hold and disseminate. We are
open and transparent, and treat all applications to re-use in a fair and non-discriminatory way.
Privacy Notice (formerly known as Fair Processing Notice)
We will record your contact and request details in order to monitor and improve the service we
provide and in order to discharge our statutory obligations under the Act. This information will be
handled in accordance with the NHS Confidentiality Code of Practice and the
Data Protection Act
2018.
Using personal data we provide
You are required not to use personal data which is provided to you for electronic marketing
(telesales, fax, e-mail) to our staff and comply with the Privacy and Electronic Communications (EC
Directive) Regulations 2003. Provision of such personal data in response to a Freedom of
Information or Environmental Information request does not constitute consent from the individual
concerned.
The
Data Protection Act gives individuals rights to prevent processing likely to cause substantial
unwarranted damage or unwarranted distress (section 10) and to prevent processing for the
purposes of direct marketing (section 11). You should be aware that selling, giving or sharing of
personal data could breach the
Data Protection Act.
Review procedure
If you feel that we have not met the requirements of the Freedom of Information Act 2000, you
should contact the FOI Team at:
xxx@xxxxxxxxxxx.xxx.xx
If you remain dissatisfied, you can ask us to review our decision by making a written request for an
internal review. In order to assist with the review, you should include your address, a description of
the original request and the reasons why you are dissatisfied. Please send this to:
Postal address:
NHS South East London ICB
160 Tooley Street
London
SE1 2TZ
Email:
xxx@xxxxxxxxxxx.xxx.xx
The review will be handled by more senior staff who were not involved in the original decision.
Although this will not apply to Section 36 claimed exemptions in accordance with Department of
Health Directive, your request will still be reviewed. We aim to complete all internal reviews within
20 working days. If you then wish to appeal you should contact the Information Commissioner for an
independent review at the following address:
The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Tel: 0303 123 1113
Website
: www.ico.gov.uk
Yours sincerely,
Freedom of Information Team
NHS SEL ICB