Freedom of Information Team
Department of Health and Social Care
39 Victoria Street
London SW1H 0EU
www.gov.uk/dhsc
Mr Chris Smith
By email to:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
5 August 2024
Dear Mr Smith
,
Freedom of Information Request Reference FOI-1516571
Thank you for your request dated 5 July to the Department of Health and Social Care
(DHSC), a copy of which can be found in the accompanying annex.
Your request has been handled under the Freedom of Information Act 2000 (FOIA).
DHSC holds the information you have requested.
However, we are withholding this information under section 43(2) (commercial interests),
section 23 (security matters), and section 31 (law enforcement) of the FOIA.
DHSC is applying section 43(2) to some of the information it holds. Section 43(2) exempts
from the general duty to release information which would, or would be likely to, prejudice
the commercial interests of any entity, including the public authority holding the
information.
Section 43 is a qualified exemption and, as such, we are required to assess the public
interest in withholding this information against that of its release.
We recognise the general public interest in making information available in the interests of
greater transparency and openness, and a valid public interest in disclosing information
about services that are procured using public money. However, we also take into account
the fact that this information is commercially sensitive. Disclosure of certain information
may place a third party at a commercial disadvantage, which would discourage future
commercial partner relationships with DHSC, and consequently undermine DHSC’s ability
to fulfil its role in securing best value for money. Therefore, DHSC takes the view that, in
this case, the public interest lies in ensuring that this information is not disclosed.
As referred to above, DHSC is also applying section 23(1) and section 31(1) (a) (b) (c) and
(g) to some of the information.
Section 23 relates to information supplied by, or relating to, bodies dealing with security
matters. DHSC is applying this exemption as some of the information ‘relates’ to the
National Crime Agency (NCA). The NCA is one of the bodies listed in section 23(3) of the
FOIA.
Section 31 relates to Law Enforcement. We consider some of this information to be
exempt under section 31(1)(a)(b)(c) and (g), which is where disclosure of information may
prejudice: a) the prevention or detection of crime; b) the apprehension or prosecution of
offenders; c) the administration of justice; and g) the exercise by any public authority of its
functions for any of the purposes specified in subsection (2).
Regarding our use of 31(1)(g), where section 31(2) is engaged, we are claiming the
following purposes:
a) ascertaining whether any person has failed to comply with the law; and
b) ascertaining whether any person is responsible for any conduct which is improper.
Section 31 is a qualified exemption and, as such, we are required to assess the public
interest in withholding this information against that of its release.
DHSC is aware that there is a clear public interest in disclosure of information and
recognises that openness in government may increase public trust in and engagement
with government. It also recognises a public interest in assuring the public that effective
arrangements are in place for the prevention and detection of crime.
However, our assessment is that the release of this information at this time, may
undermine an ongoing investigation, and/or prejudice the outcome of any future court
proceedings. It may also be contrary to the public interest to disclose information which
would facilitate the commission of crime. Consequently, DHSC is satisfied that this
information remains exempt under section 31(1)(a)(b)(c) and (g) of the FOIA.
If you are not satisfied with the handling of your request, you have the right to appeal by
asking for an internal review. This should be sent to
xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx or
to the address at the top of this letter and be submitted within two months of the date of
this letter.
Please remember to quote the reference number above in any future communication.
If you are not content with the outcome of your internal review, you may complain directly
to the Information Commissioner’s Office (ICO). Generally, the ICO cannot make a
decision unless you have already appealed our original response and received our internal
review decision. You should raise your concerns with the ICO within three months of your
last meaningful contact with us.
Guidance on contacting the ICO can be found at
https://ico.org.uk/global/contact-us and
information about making a complaint can be found a
t https://ico.org.uk/make-a-complaint. Yours sincerely,
Freedom of Information Team
xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx
Annex
From: Chris Smith <xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx>
Sent: Friday, July 5, 2024 2:40 PM
To: FreedomofInformation <xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx>
Subject: Freedom of Information request - DHSC PPE COVID-19 contract worth
£122,000,000 with PPE Medpro for gowns
Dear Department of Health and Social Care, This FOI request is in connection with the
following contract issued by DHSC:
Supply of Personal Protective Equipment for Healthcare Workers for the Care of Patients
with Suspected or Confirmed Novel Coronavirus (COVID-19) Contract with PPE Medpro
value £122,000,000 Procurement reference 547578 awarded on 25 June 2020 Contract
Award Notice dated 7 September 2020
https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.contractsfinder
.service.gov.uk%2Fnotice%2F79397607-466e-4891-b091-
3307fd5819d9%3Forigin%3DSearchResults%26p%3D1&data=05%7C02%7Cdhmail%40d
hsc.gov.uk%7Cf2d9936d3e0d4ba5d63508dc9cf884df%7C61278c3091a84c318c1fef4de8
973a1c%7C1%7C0%7C638557838394329940%7CUnknown%7CTWFpbGZsb3d8eyJWIj
oiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7
C%7C&sdata=%2F8fE%2Fi14OUDW7nmqUa%2B4fJ8ARZT9vgmoVhxjks9GATM%3D&r
eserved=0
Please advise the following:
1. What have been the storage costs for the gowns supplied by PPE Medpro but rejected
by DHSC?
2. How many PPE Medpro gowns have been disposed of so far, and what was the cost of
disposing of them?
3. How were the PPE Medpro gowns disposed of, and who was contracted to dispose of
them?
4. How many gowns supplied by PPE Medpro remain in storage at the end of June 2024?
5. If none of the PPE Medpro gowns have been disposed of so far, please advise the
estimated cost of disposing of them.
Yours faithfully,
Chris Smith
