RE: Your request under the Freedom of Information Act 2000

 

Case Reference: RFI 6326

 

Dear Mr Paul Read

Thank you for your email.

 

It will be treated as a request within the meaning of the Act: this means
that we will send you a full response within 20 working days, either
supplying you with the information which you want, or explaining to you
why we cannot supply it.

 

If we need any further clarification or there is any problem we will be in
touch.

 

Yours sincerely

 

 

 

Disclosures Team

Companies, Compliance and Assurance Service
Cheshire West and Chester Council

Tel: 0300 123 8123 (Customer Contact Centre)

Email: [1][email address]
Visit: [2]cheshirewestandchester.gov.uk

Postal Address: Cheshire West and Chester Borough Council, The Portal,
Wellington Road, Ellesmere Port, CH65 0BA

 

Cheshire West and Chester Council is committed to ensuring the security
and protection of the personal information that we process and to provide
a compliant and consistent approach to data protection. To learn more
about how we handle your personal information when you contact the
Council’s Data Protection and Compliance Team, please see our [3]Advice,
Enquiries and Complaints Privacy Notice on the Council's website or ask
for a copy of the notice to be sent to you.

 

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.cheshirewestandchester.gov.uk/
3. https://www.cheshirewestandchester.gov.u...

Dear Mr P T Read

 

Your request for information of 7 February 2023 which has been logged as
RFI 6326 and has been dealt with under the Freedom of Information Act
2000. We confirm that Cheshire West and Chester Council does hold
information relating to your request. We apologise for the delay in
responding.

 

For the purpose of clarity your request has been reproduced below:

 

1.          Does the council have an existing contract or framework
agreement in place for suppliers to undertake MHA assessments or BIA
assessments on behalf of the council?          

 

Yes

 

2.          Please provide the name(s) of the organisations providing
these services under these existing contracts or framework
agreements?      

 

Attenti

 

3.          Please confirm the start and finish date for any such contract
or framework agreement.          

 

Contract date was Feb 22- April 22

 

4.          Please provide the monetary value applied to any such contract
or framework agreement.     

 

£147,000

 

5.          Please provide the spot purchase price the council pays
directly to Mental Health Doctors and Best Interest Assessors to undertake
assessments for DoLS?

 

We are not in a position to provide the answer to this final question as
this would provide a specific monetary amount per assessment that would be
part of a wider contract and hence we cannot provide a breakdown of
different elements of the contract due to this being commercially
sensitive. You will note we have provided a total contract value for the
previous question.

 

Section 43 is a qualified exemption and is subject to the public interest
test. Where the Council is satisfied that the information requested, if
released, would prejudice or is likely to prejudice someone's commercial
interests, the Council can only refuse to provide the information if it is
satisfied that the public interest in withholding the information
outweighs the public interest in disclosing it. The bias is in favour of
disclosure.

The company providing assessments operates in a commercial environment
selling its services and as such will operate in a competitive market. It
will have competitors who may use any information released where a
breakdown of different elements of the contract or methodology are
released to their advantage and to the disadvantage of the supplier. If
the information is disclosed, there is a significant and likely risk of
prejudice to the supplier financially and in respect of their business
interests and ability to compete in the open market.

The Council seeks tenders for such services from the competitive market
and buys such services from external suppliers as the council has no
directly provision to provide this particular service. Disclosure of
pricing, and a breakdown of cost structures and methodology would also be
likely to prejudice the ability of the Council to seek competitive tenders
in the future because the price charged for services would be fixed in
relation to the price disclosed. Disclosure of this information would be
likely to be detrimental to the interests of the Council in obtaining
competitive prices for services, and damaging to the supplier in affecting
its ability to be able to offer a competitive price for its services. This
would be likely to affect the supplier not only in respect of services to
the Council, but in circumstances where it tendered to supply services to
any other third parties. In addition, the views of the supplier has been
sought concerning this request.

The Information Commissioner suggests considering the following factors
when applying the public interest test to this exemption:

a) Does the information relate to, or could it impact on a commercial
activity? Yes the supplier operates in a commercial market. The
information relates to the supplier’s specific pricing for assessments
carried out and contains company methodology, which if disclosed, would
affect the supplier's commercial standing in the market place by
prejudicing its ability to win tenders and therefore loss of business
contracts and its financial interests by loss of income caused by loss of
business.

b) Is that commercial activity conducted in a competitive environment? Yes
the supplier operates in a competitive commercial market where there are
other suppliers competing for the same work. The Council must seek tenders
from the competitive market as it has no internal resources of its own to
provide printing services such as provided by Attenti.

c) Would there be damage to reputation or business confidence? Yes release
of the information would prejudice the financial standing of the supplier
as releasing details of a breakdown of a specific contract and framework
which has won the supplier business would allow competitors to copy the
supplier's pricing and undercut this supplier’s pricing, thus depriving
the supplier of work. Suppliers also rely on the Council to keep
commercial information confidential and protect their trading status and
not take any actions which would, or would be likely to, prejudice their
standing in the market place. The suppliers rely on this good faith when
submitting tenders, and disclosing this tender to the world at large will
undermine that status of trust and convention of confidentiality.

d) Whose commercial interests are affected? The supplier's as explained
above: the supplier would be prejudiced

e) Is the information commercially sensitive? Yes, this is discussed
above, as the information would reveal the pricing structure and
methodology of how (Company) conducts their business. Disclosure of prices
means that the supplier's prices can be undercut at a time when it is
actively seeking contracts in a commercial market.

f) What is the likelihood of the prejudice being caused? Disclosure of
pricing and methodology reveals something about the business that could be
used to the commercial advantage of competitors and which would cause
prejudice to the supplier, which is explained above. The disclosure is
likely to cause prejudice to the Council as explained above. The Council
would also suffer harm as if other competitors had access to more
privileged information showing such breakdowns of different elements of
the contract it could also harm the council as the council may then have
to spend a higher amount to secure such services leading to less
transparency and worse value for money for the taxpayer.

In relation to the public interest test the Information Commissioner
suggests recording:

• Public interest factors in favour of maintaining the exemption and the
weight attached to them.

• Public interest factors in favour of disclosure, and the weight attached
to them.

• The outcome of the public interest test. The information can only be
withheld if the public interest in maintaining the exemption outweighs the
public interest in disclosure.

Factors in favour of Factors in
maintaining the favour of
exemption disclosure
Given the Local
competitive nature Government
of the business dealings should
concerned, be open
disclosure would transparent and
enable competitors accessible by
to set their pricing the public in
in a non-independent order to obtain
manner, allowing the trust of
them to use market the community
sensitive data to HIGH
adjust their
approach, costs
and/or pricing. This
would prejudice and
unfairly distort
competition and
pricing in this
market and would be
likely to prejudice
the future
commercial and
financial
arrangements of the
current supplier as
outlined above. HIGH
Disclosure would be
likely to prejudice
the ability of the
Council to obtain
the best possible
arrangements and
value for money and
quality of tender
for the public purse
with future
suppliers by
disclosing the
prices paid for
individual services.
This would lead to
higher prices and
lease value for
money for taxpayers
especially at a time
of increased costs
for councils. HIGH
The Council must
ensure that its
business activities
are confidential to
maintain business
confidence from its
suppliers. MEDIUM
Specific details of
charges relates to
commercially
sensitive
information.
Disclosure of such
information would be
likely to weaken the
company’s market
position and put it
in a less
advantageous
position in the open
market. HIGH
Release of the
information would
damage confidence in
ability to secure
future contracts as
it would be giving
away a key aspect of
our competitive
advantage. HIGH

The outcome of the public interest test is that the public interest
factors in favour of maintaining the exemption outweigh the public
interest in disclosure. The public interest test is met and disclosure of
this information is refused for to provide a breakdown of the price per
assessment carried out.

For further information regarding this exemption please follow the link
below to the Government Legislation website:

[1]https://www.legislation.gov.uk/ukpga/200...

 

 

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction. Where applicable, the Council has also
told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Disclosures Team within
40 working days from the date of the Council’s response.

 

You are entitled to a review by the Council if:

•             You are dissatisfied with the Council’s explanation of why
the application was not dealt with within the 20 working day time limit.

•             All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

•             A reason for the disclosures under the request being refused
is not received.

•             You consider that exemptions have been wrongly applied,
and/or

•             You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Disclosures Team can be contacted by email via:
[2][Cheshire West and Chester Council request email] or at the following address:

 

Disclosures Team

Cheshire West and Chester Council

The Portal

Wellington Road

Ellesmere Port

CH65 0BA

 

The Disclosures Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:

 

[3]https://www.cheshirewestandchester.gov.u...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [4]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

 

Disclosures Team

Companies, Compliance and Assurance Service
Cheshire West and Chester Council

Tel: 0300 123 8123 (Customer Contact Centre)

Email: [5][email address]
Visit: [6]cheshirewestandchester.gov.uk

Postal Address: Cheshire West and Chester Borough Council, The Portal,
Wellington Road, Ellesmere Port, CH65 0BA

 

Cheshire West and Chester Council is committed to ensuring the security
and protection of the personal information that we process and to provide
a compliant and consistent approach to data protection.  To learn more
about how we handle your personal information when you contact the
Council’s Data Protection and Compliance Team,  please see our [7]Advice,
Enquiries and Complaints Privacy Notice on the Council's website or ask
for a copy of the notice to be sent to you.

 

 

PD (Ex)

show quoted sections

References

Visible links
1. https://www.legislation.gov.uk/ukpga/200...
2. mailto:[Cheshire West and Chester Council request email]
3. https://www.cheshirewestandchester.gov.u...
4. http://www.ico.org.uk/
5. mailto:[email address]
6. http://www.cheshirewestandchester.gov.uk/
7. https://www.cheshirewestandchester.gov.u...