We don't know whether the most recent response to this request contains information or not – if you are Ben Smith please sign in and let everyone know.

All information held by Sport England in relation to SPOGO.

We're waiting for Ben Smith to read a recent response and update the status.

Dear Sport England,

This is a request under the Freedom of Information Act.

I understand that SPOGO (http://www.spogo.co.uk) is a service funded by Sport England and developed by UKActive.

Could you please supply me with:

- All written agreements between Sport England, UKActive, and SPOGO Limited. For the avoidance of doubt, this should include any ownership, partnership, service agreements and funding arrangements for SPOGO.

- An organogram depicting key stakeholders and reporting lines in the management of SPOGO.

- The amount of funding SPOGO has received to date from Sport England and all associated details, including when this funding was provided, who the recipient was, and what the expenditure was made on.

- The amount of funding SPOGO has been provided for but not yet received within any budget of Sport England, agreed or forthcoming.

- A copy of any application UKActive or SPOGO made for Sport England funds.

- A copy of the independent report on the project management of SPOGO, referenced on p97 of the Sport England 2011-12 Annual Report.

- A copy of all other written information held by Sport England which relate to the management and progress of SPOGO (internal or otherwise).

Please include copies of material which you hold in the form of paper and electronic records, including emails.

I would be grateful if you would supply this information in electronic form.

Yours faithfully,
Ben Smith

FOI, Sport England

Dear Mr Smith

Thank you for your Freedom of Information request dated 13 February 2013. Sport England will respond to your request as soon as possible and, in any event, within 20 working days from date of receipt of your request. You will hear from me no later than 13 March 2013.

Yours sincerely

Lisa Percival
FOI & Data Protection Manager

T: 020 7273 1680
M: 07833 148614
E: [Sport England request email]

Sport England

Creating sporting opportunities in every community

Sport England, 3rd Floor Victoria House, Bloomsbury Square, London, WC1B 4SE

show quoted sections

Dear Ms Percival,

Please could you update me as to the status of my FOI request. I note the legal time limit for a response has passed and you are now in breach of your legal obligations.

In the event a response is not forthcoming, please consider this a request for an internal review.

Yours sincerely,

Ben Smith

Lisa Percival, Sport England

1 Attachment

Dear Mr Smith

 

I refer to your Freedom of Information and apologise for the late response
to this request.

 

Sport England is refusing your request under Section 22 and Section 43 of
the Freedom of Information Act 2000. 

 

Section 22

 

Section 22 allows Sport England to withhold information which is intended
for future publication.  The reason for this is that we have placed a
Prior Information Notice (PIN) in OJEU on 1st December 2012 (please see
attached), indicating that we are likely to go out to procurement.  We
will be disclosing some of the information requested as part of the
procurement process. 

 

Section 22: Public interest test

 

Under the Freedom of Information Act 2000, I am required to carry out a
"public interest test" in relation to section 22.  This means that, even
though the information requested falls squarely within the terms of the
exemption, I must still consider whether the public interesting in
withholding the information outweighs the public interest in disclosing
the information.   In the case of section 22, the balance is whether there
is a stronger public interest in disclosing the information now, rather
than later.  We cannot see any public benefit in disclosing this
information now.  However, the public interest in withholding the
information is great as disclosure may mean unfairness in the procurement
process as well as the possibility that the process would have to be
re-run, at expense to the public purse.  I have described this further
under the public interest test for section 43.

 

Section 43

 

Section 43 allows Sport England to withhold information where its
disclosure would prejudice commercial interests (including those of Sport
England).  Sport England is withholding the information because disclosure
would prejudice the commercial interests of both the Sport England and
third parties.  As stated above, disclosure would distort the competitive
process.  It would do this in a number of ways. 

 

1          Should UKActive decide to bid for the Spogo work, elements of
their application for the pilot project may well be repeated in any bid
for the future contract.  To disclose elements of a potential bidder's bid
prior to the process being complete would give the recipient an unfair
advantage over that bidder; and

2          Some of the information would, if disclosed, be likely to give
the recipient greater bargaining power in negotiating a contract with
Sport England as it would enable the recipient to ascertain what terms
Sport England might be likely to accept.  This would prejudice Sport
England's commercial interests.

 

Section 43: Public interest test

 

As with section 22 above, under the Freedom of Information Act 2000, I am
required to carry out a "public interest test" in relation to section 43. 
In favour of disclosure is the strong public interest in seeing how public
money is spent.  The public interest in disclosing the information is that
the information requested would show how Sport England spends public
funds.  This would normally be a strong reason for disclosure.  However,
the public interest in this case is not so great because there are plans
to disclose much of the information at a future date.  There is a strong
public interest in withholding the information because of the prejudice to
the competitive process were a potential bidder to have prior knowledge of
the information.  This would not be in the public interest because it
would distort the competitive process.  Furthermore, it would also be
likely to lead to a challenge by other bidders which could lead to the
procurement process having to be re-run.  This would not be in the public
interest as it would result in unnecessary public expenditure.

 

For your information, we expect the procurement process to start in
April.  As regards any information which we do not disclose in the course
of the procurement process, you may request this again once the
procurement process is complete and we will consider your request again.

 

If you are dissatisfied with this response and wish to appeal, please
contact

 

Scott Pugh

Principal In House Solicitor

Sport England

3rd Floor Victoria House

Bloomsbury Square

London WC1B 4SE

 

in writing (including by fax, letter or email) and your complaint will be
dealt with through our Internal Review procedure. 

 

Please describe the original request, explain your grounds for
dissatisfaction, and include an address for correspondence. 

 

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner. He can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

[1]www.ico.gov.uk

 

 

Yours sincerely

 

 

Lisa Percival

FOI & Data Protection Manager

 

T: 020 7273 1680

M: 07833 148614

E: [Sport England request email]

 

 

Sport England

 

Creating sporting opportunities in every community

 

Sport England, 3rd Floor Victoria House, Bloomsbury Square, London, WC1B
4SE

 

 

show quoted sections

Dear Ms Percival,

Thank you for your response to my FOI request.

Please could you clarify which aspects of my request you are refusing on grounds of Section 22, and which on grounds of section 43.

Many thanks,
Ben

Lisa Percival, Sport England

Dear Mr Smith

 

Thank you for your email.

 

The section 43 grounds I referred to are the grounds under Section 43(2):
Information is exempt information if its disclosure under the Freedom of
Information Act would, or would be likely to, prejudice the commercial
interests of any person (including the public authority holding it).

 

The grounds for exemption under section 22 of the Freedom of Information
Act are that:

 

information is exempt information if:

 

(a)    the information is held by the public authority with a view to its
publication, by the authority or any other person, at some future date
(whether determined or not),

 

(b)   the information was already held with a view to such publication at
the time when the request for information was made, and

 

(c)    it is reasonable in all the circumstances that the information
should be withheld from disclosure until the date referred to in paragraph
(a).

 

These grounds are not alternate grounds: the information in question must
meet them all.  This is the case in relation to the information requested
by you.

 

Yours sincerely

 

Lisa Percival

FOI & Data Protection Manager

 

T: 020 7273 1680

M: 07833 148614

E: [Sport England request email]

 

 

Sport England

 

Creating sporting opportunities in every community

 

Sport England, 3rd Floor Victoria House, Bloomsbury Square, London, WC1B
4SE

 

 

show quoted sections

Dear Ms Percival,

Thank you for your response.

Apologies if I was not clear in my question. You state two separate sections of the FOI act; section 43 and section 22; I would like clarification as to which of the 7 separate requests I made fall under 22 and which under 43 (e.g. does your refusal to provide an organogram fall under section 22 or 43?).

For the avoidance of doubt, it is my intention to request an internal review on each data point, so I would like clarification as to how you are applying the Act to each request so I may adequately provide you with a follow up.

Yours sincerely,

Ben Smith

Lisa Percival, Sport England

Week beginning 25 March 2013, I will be working on Tuesday, Wednesday and
Friday.  My next day in the office is Tuesday 26 March 2013.

 

 

Lisa Percival, Sport England

Dear Mr Smith

Thank you for your email requesting clarification as to how we applied the section 22 and section 43 exemptions. I think it is unlikely that I will be able to respond to your request until after the Easter break but hope to get back to you shortly after that. Please accept my apologies for the delay.

Yours sincerely

Lisa Percival
FOI & Data Protection Manager

T: 020 7273 1680
M: 07833 148614
E: [Sport England request email]

Sport England

Creating sporting opportunities in every community

Sport England, 3rd Floor Victoria House, Bloomsbury Square, London, WC1B 4SE

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Ben Smith please sign in and let everyone know.

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org