Commercial Sensitivity

Currently waiting for a response from Tees Valley Combined Authority, they should respond promptly and normally no later than (details).

Dear Tees Valley Combined Authority,

Can I ask what is commercially sensitive about the authorities spend of public money in relation to the Adult Education Budget?

Yours faithfully,

Mark Gutheridge

SMinfotvu, Tees Valley Combined Authority

Dear Mark Gutheridge

Freedom of Information Act 2000 Ref: 27/2020.

Thank you for your correspondence received on the 17th April, 2020.

Your request is being considered under the Freedom of Information Act 2000.
Please note: On 16th March 2020 the Local Government Secretary announced that as part of the government’s response to the coronavirus, statutory deadlines for Freedom of Information requests have been temporarily suspended. We will continue to aim to respond to your query within 20 working days, but please be aware that this may not be possible at the present time.

Note the Act defines a number of exemptions that may prevent release of the requested information. There will therefore be an assessment of your request to determine if any exemptions apply to the information requested. If the information cannot be released, or only released in part, you will be informed of the reasons why, together with any rights of appeal.

If the information requested refers to a third party, they may be consulted before deciding whether it can be released.

Yours sincerely

Sally Henry | Governance Officer
01642 524405 | [email address]
Tees Valley Combined Authority

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SMinfotvu, Tees Valley Combined Authority

1 Attachment

 Dear Mark Gutheridge,

 

Further to your email of 17 April 2020,  having reviewed your original
request and our response,  it has become clear that we need to seek
further clarification from you in terms of what you are requesting. We
require further information in order to identify and locate the
information you have asked for.

 

Is it that you would like to know what the Combined Authority has paid in
total to-date, against the overall AEB allocation for 2019/20AY? If not,
please can you provide us with further information as to what you require?

 

If I do not receive clarification within three months your request will be
considered to have lapsed. Please note that under section 1(3) of the
Freedom of Information Act 2000, a public authority need not comply with a
request unless any further information reasonably required to locate the
information is supplied.

 

Regards,

 

Sally Henry | Governance Officer

01642 524405 |  [1][email address]  

Tees Valley Combined Authority

 

 

 

 

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Dear SMinfotvu,
I need for clarification of the spend by each Prime and sub contractor of AEB delivery against profile. How is this commercially sensitive as it is public money.

Yours sincerely,

Mark Gutheridge

SMinfotvu, Tees Valley Combined Authority

Dear Mr Gutheridge,

Further to your email of 28 April 2020, we are still unclear as to what you mean by "spend". To ensure that your request can be dealt with as soon as possible, can you please clarify what you mean by “spend”?

Alternatively, if by “spend”, you mean what has been “paid” then we can confirm that we hold the information you are seeking. However, section 22 of the FOIA 2000 exempts this information from disclosure. This is because the information is intended for publication at a future date.

A report detailing what has been paid to the direct funded providers will be published once the funding year has been completed and all of the relevant performance data has been analysed and reconciled. This is scheduled to be published by the end of April 2021.

In considering the public interest test, we note it would enhance transparency and accountability to disclose. However, this needs to be balanced with the public interest of sharing accurate information. As at this stage, the information may yet be subject to further amendments as all of the data and funding is subject to change in-year and will be subject to final reconciliation at the end of the year. It would prejudice the public interest in disclosing it now. This is because of the strong likelihood that further amendments/updates will be made prior to disclosure. We have concluded therefore that the public interest in withholding this information outweighs the public interest in releasing it prior to its intended publication due to the likelihood of there being inaccurate or misleading data within the information.

In light of this, and having considered the public interest, our decision is to withhold this information at this stage.
Regards,

Sally Henry | Governance Officer
Tees Valley Combined Authority
Tel 01642 524400

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Mark Gutheridge

Dear SMinfotvu,
Spend is money allocated against profiles for primes and there subcontractors.

Example
Prime is allocated 120k for AEB per year. That flatlines at 10k per month (spend). Are your primes and their contractors on profiles spend or behind (underspend). If there is an underspend up to the COVID-19 issue what are you going to do to bring it back in line so there is no clawback reducing the amount allocated to TVCA in the future.

You do know what spend actually meant please don’t undermine my questions and answer the question. It is common knowledge I just want an official answer from the grant sponsor.
Yours sincerely,

Mark Gutheridge

SMinfotvu, Tees Valley Combined Authority

Dear Mr Gutheridge

Thank you for clarifying your request in your email of 21 June 2020. In
light of your clarification we have re-reviewed your request. We write to
inform you that we do hold this information, however we are not able to
disclose this to you at this stage as the exemption under Section 22 FOIA
applies.

As per our email of 10th June, a report detailing what has been paid to
the direct funded providers will be published once the funding year has
been completed and all of the relevant performance data has been analysed
and reconciled. This is scheduled to be published by the end of April
2021.

In considering the public interest test both in our previous email and
again now having received further clarification from you, we note it would
enhance transparency and accountability to disclose. However, this needs
to be balanced with the public interest of sharing accurate information.
As at this stage, the information is still subject to further amendments
as all of the data and funding is subject to change in-year and will be
subject to final reconciliation at the end of the year.

It would prejudice the public interest in disclosing it now as it would be
inaccurate and not in line with our accepted practices. This is because of
the strong likelihood that further amendments/updates will be made prior
to disclosure. As per our email of 10th June, and having reviewed the
position again, the public interest in withholding this information
outweighs the public interest in releasing it prior to its intended
publication. This is due to the likelihood of there being inaccurate data
at this stage, and the need of the Combined Authority to analyse,
scrutinize and prepare the data properly through its established internal
review process.

You have posed two further requests in your email of 21 June which we
reply to as follows:

We can confirm that the Combined Authority has in a place a Performance
Management Framework which sets out key performance review points.  At the
R04 performance review point there were some providers who were
underperforming against the profile at this point which resulted in the
Combined Authority ceasing to release their profiled payments.

The Combined Authority has also recognised that the Covid19 pandemic has
had a significant impact on the sector but that the full impact will not
be known until the R14 data has been received and analysed.

However, throughout these recent months, the Combined Authority has
continued to a risk based assessment and monitor the impact of Covid19 at
provider level.  Given the circumstances, we have intimated to the AEB
funded providers that whilst we do not intend to undertake the planned
reconciliation and automatic clawback of funding at R14, we do reserve the
right to do so.  In particular for those providers who were
underperforming pre-Covid.

If you have any queries or concerns please contact me in the first
instance.

However, if you are unhappy with the way your request for information has
been handled, you can submit a complaint by writing to:

Chief Executive, Tees Valley Combined Authority, Cavendish House, Teesdale
Business Park, Stockton on Tees, TS17 6QY. 

If, after your complaint has been determined, you remain dissatisfied with
the handling of your request or complaint, you have a right to appeal to
the Information Commissioner at:

The Information Commissioner's Office (ICO), Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  Telephone: 0303 123 1113:  Website:
[1]www.ico.gov.uk. 
The ICO does not make a charge for an appeal.

Yours sincerely,

Sally Henry | Governance Officer
[2][email address]

Tees Valley Combined Authority

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