Christopher Cairns

Dear Hertfordshire County Council,

I request under the Freedom of Information Act 2000 the following information:

The contractual and procedural arrangements Hertfordshire County Council has with the Hertfordshire Free Schools companies/partnerships:

- The Hertfordshire Schools Building Partnership Companies
o Hertfordshire Schools Building Partnership Limited
o Hertfordshire Schools Building Partnership Phase 1 Holdings Limited
o Hertfordshire Schools Building Partnership Phase 1 Limited

- The Hertfordshire Free School Companies
o Hertfordshire Community Free School Company Limited
o West Herts Community Free School Trust
o Hatfield Community Free School

Yours faithfully,

Christopher Cairns

Herts Direct,

Dear Enquirer

Your message has been received by Hertfordshire County Council
and will be dealt with as soon as possible. Our customer service
standard is to reply to you within ten working days. When we
contact you we will give you a reference number so you can track
your enquiry in case any followup is required.

Please note that if your enquiry is urgent and relates to:
• safeguarding or concerns for an adult - please call us on
0300 123 4042
• child protection or social care concerns for a child -
please call us on 0300 123 4043

This is an auto-acknowledgement message in response to the email
you have sent to Hertfordshire County Council
([email address]).

Regards

HertsDirect
Hertfordshire County Council

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

Herts Direct,

6 Attachments

Dear Christopher Cairns,

Thank you for your email. Your message has been sent to the relevant
department and will be dealt with as soon as possible. Should you need to
make contact with us again on this matter, please quote reference number:
79840
       
Kind regards

David at HertsDirect

                                Hertfordshire County Council

How do you rate the service we provided in this email? Please click on one
of the faces and tell us why the service was Good, Average or Poor.

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Access information and online services and follow Hertfordshire County
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Herts Direct,

Dear Enquirer

Your message has been received by Hertfordshire County Council
and will be dealt with as soon as possible. Our customer service
standard is to reply to you within ten working days. When we
contact you we will give you a reference number so you can track
your enquiry in case any followup is required.

Please note that if your enquiry is urgent and relates to:
• safeguarding or concerns for an adult - please call us on
0300 123 4042
• child protection or social care concerns for a child -
please call us on 0300 123 4043

This is an auto-acknowledgement message in response to the email
you have sent to Hertfordshire County Council
([email address]).

Regards

HertsDirect
Hertfordshire County Council

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

Information Governance, Hertfordshire County Council

Dear Mr Cairns

 

Reference number: FOI/CSF/11/13/6303

 

Thank you for your correspondence of the 6th November 2013 requesting the
following information:

 

“The contractual and procedural arrangements Hertfordshire County Council
has with the Hertfordshire Free Schools companies/partnerships:

 

- The Hertfordshire Schools Building Partnership Companies

o Hertfordshire Schools Building Partnership Limited

o Hertfordshire Schools Building Partnership Phase 1 Holdings Limited

o Hertfordshire Schools Building Partnership Phase 1 Limited

 

- The Hertfordshire Free School Companies

o Hertfordshire Community Free School Company Limited

o West Herts Community Free School Trust

o Hatfield Community Free School”

 

 

Your request for information is being considered under the Freedom of
Information Act 2000.  We will respond to your request as quickly as
possible, and by close of  4th December 2013 at the latest. This replaces
any deadline previously given.

 

If you have any questions, please do not hesitate to contact me, quoting
the reference number on this email.

 

Yours sincerely,

 

 

Information Access Team

Postal Point CHN 305

Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE

t: 01992 555848 Comnet / Internal: 25848

Fax: 01992 588117

Email: [1][email address]

show quoted sections

Information Governance, Hertfordshire County Council

 

Reference number: FOI/CSF/11/13/6303

 

Dear Mr Cairns

 

Thank you for your correspondence, received by Hertfordshire County
Council on 6th November 2013, requesting the following information:

 

“I request under the Freedom of Information Act 2000 the following
information:

 

The contractual and procedural arrangements Hertfordshire County Council
has with the Hertfordshire Free Schools companies/partnerships:

 

- The Hertfordshire Schools Building Partnership Companies

o Hertfordshire Schools Building Partnership Limited

o Hertfordshire Schools Building Partnership Phase 1 Holdings Limited

o Hertfordshire Schools Building Partnership Phase 1 Limited

 

- The Hertfordshire Free School Companies

o Hertfordshire Community Free School Company Limited

o West Herts Community Free School Trust

o Hatfield Community Free School”

 

 

Further to our acknowledgement of your request for information, I have
been asked to contact you for some further clarification on your request. 
Please clarify…

Your request refers to Hertfordshire Free Schools companies/partnerships.
However, the following three companies are not Free Schools companies. In
brief, Hertfordshire Schools Building Partnership (HSBP) is a joint
venture between HCC and Balfour Beatty, which commissions building work
and other  professional services from Balfour Beatty related to the design
and construction of new school buildings. Whilst HSBP is one route through
which the council might and has procured the construction of new buildings
for Free Schools, we have also procured building works and related advice
through a number of other frameworks. Hertfordshire Schools Building
Partnership Phase 1 Limited is a company which operates the Marriott and
Lonsdale school PFI project in Stevenage. Hertfordshire Schools Building
Partnership Phase 1 Holdings Limited is a holding company which owns the
PFI project company.

 

A link to the decision to establish these companies is here
[1]http://www.hertsdirect.org/mm/15520606/1....
The report referenced indicates the nature and number of contracts which
at that point were brought into being between the council and BSBP.

 

Since these companies are not "Free Schools Companies" I think it would be
mutually beneficial if you could clarify whether you intended your request
to apply to them or not.

 

As soon as we receive this clarification we will be in a position to
continue processing your request.

 

In the meantime, if you have any questions, please do not hesitate to
contact me, quoting the reference number on this correspondence.

 

Yours sincerely,

 

Information Access Team

Postal Point CHN 305

Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE

t: 01992 555848 Comnet / Internal: 25848

Fax: 01992 588117

Email: [2][email address]

show quoted sections

Christopher Cairns

Dear Information Governance,

Thank you for your email, in light of your information regarding the Hertfordshire Schools Building Partnership (HSBP) - I will look into putting together a separate Freedom of Information Request for the relationship between Hertfordshire County Council and HSBP. In the meantime, can this request proceed forward in respect to the contractual and procedural relationship between Hertfordshire County Council and The Hertfordshire Free School Companies as defined in the original request please. Thank you for your help.

Yours sincerely,

Christopher Cairns

Information Governance, Hertfordshire County Council

Dear Mr Cairns

Reference number: FOI/CSF/11/13/6303

Thank you for your clarification correspondence dated 12th November 2013 requesting the following information:

“The contractual and procedural arrangements Hertfordshire County Council has with the Hertfordshire Free Schools companies:
o Hertfordshire Community Free School Company Limited
o West Herts Community Free School Trust
o Hatfield Community Free School”

Your request for information is being considered under the Freedom of Information Act 2000. We will respond to your request as quickly as possible, and by close of 5th December 2013 at the latest. This replaces any deadline previously given.

If you have any questions, please do not hesitate to contact me, quoting the reference number on this email.

Yours sincerely,

Information Access Team
Postal Point CHN 305
Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE
t: 01992 555848 Comnet / Internal: 25848
Fax: 01992 588117
Email: [email address]
----------------------------------------------------------
Hertsdirect / Twitter / Facebook
Hertfordshire – County of Opportunity
The Information Access Team supports Hertfordshire County Council's Freedom of Information and Environmental Information Regulations activity.

show quoted sections

Information Governance, Hertfordshire County Council

Dear Mr Cairns,

 

Ref: FOI/CSF/11/13/6303

 

Further to our e-mail of acknowledgment dated 7th November 20113
Hertfordshire County Council is processing your request for information
under the Freedom of Information Act 2000. 

 

The 20 working day deadline, as outlined by the Act, is 4th December 2013.

 

Unfortunately, we are still processing your request and will therefore be
unable to meet this deadline.  As a result we would like under Section
10(3), to extend the deadline by 10 working days to 18th December 2013 to
apply the public interest test, because we are considering whether the
application of Section 43 relating to prejudice to commercial interest, a
‘qualified’ exemption  applies 

 

We apologise for the delay in responding to your request and will
endeavour to provide the requested information before 18th December 2013
if at all possible.

 

Yours sincerely

 

Information Access Team

Postal Point CHN 305

Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE

t: 01992 555848 Comnet / Internal: 25848

Fax: 01992 588117

Email: [1][email address]

show quoted sections

Information Governance, Hertfordshire County Council

2 Attachments

Dear Mr Cairns

 

Reference number: FOI/CSF/11/13/6303

 

On  6th November 2013, Hertfordshire County Council received the following
request for information from you:

 

“The contractual and procedural arrangements Hertfordshire County Council
has with the Hertfordshire Free Schools companies:

o Hertfordshire Community Free School Company Limited

o West Herts Community Free School Trust

o Hatfield Community Free School”

 

Your request for information has been considered under the Freedom of
Information Act 2000.  I can confirm that Hertfordshire County Council
does hold the information you have requested and can respond as follows:

 

The contractual and procedural arrangements Hertfordshire County Council
has with the Hertfordshire Free Schools companies:

Hertfordshire County Council does not have any contract or agreements as
such with the free schools but they must comply with all requirements set
in the admissions code which includes coordination so they have to take
part in our scheme of coordination.

 

Links to both documents are here:

[1]http://www.hertsdirect.org/docs/pdf/admi...

[2]http://webarchive.nationalarchives.gov.u...

 

 

o Hertfordshire Community Free School Company Limited

o West Herts Community Free School Trust

o Hatfield Community Free School

 

o Hertfordshire Community Free School Company Limited

The memorandum, and articles of association of this company are attached.

 

 Please see this link on our public website, Hertsdirect:

[3]http://www.hertsdirect.org/services/edle...

 

HCC has a right to appoint a Director to the Company and has done so. The
Director attends company board meetings in their capacity as Director.
There are no current contracts between the company and HCC and no specific
procedural arrangements. The Council agreed on 23rd September to work in
partnership with local schools and the Hertfordshire Community Free School
company to promote the provision of new Free Schools on two local sites.
Ad hoc meetings take place in relation to this.  

 

o West Herts Community Free School Trust

West Herts Community Free Schools is viewable on the web:

[4]http://www.westhertscommunityfreeschools...

 

HCC has the right to appoint a Director and a Member to the Company and
has done so. There are no current contracts between the company and HCC
and no specific procedural arrangements. The Director attends company
board meetings in their capacity as Director. However, HCC is providing
sites and premises for three schools to be operated by the company.
Regular meetings take place in relation to this. It is envisaged that
lease agreements will be signed between HCC and the Trust for each of
these sites to the format prescribed by the Department for Education. Some
or all may also require licenses. It is also expected that admission
agreements will be signed, governing the inclusion of these schools within
the coordinated admissions process operated by HCC. It is expected that
employees of the school will become members of the schools pool of the
Local Government Pension Fund Scheme for Hertfordshire.

 

o Hatfield Community Free School

The memorandum, and articles of association of this company are attached.

 

Hatfield Community Free School is viewable on the web:

[5]http://www.hatfieldcommunityfreeschool.o...

 

HCC has a right to appoint a Director and a Member to the Company but
cannot currently do so due to other restrictions within the Articles. has
not currently done so. A 125 year lease agreement in relation to the
school site exists between HCC and the Trust for the premises, to the
format prescribed by the Department for Education. There is also an
admissions agreement, governing the inclusion of these schools within the
coordinated admissions process operated by HCC. It is expected that
employees of the school will become members of the schools pool of the
Local Government Pension Fund Scheme for Hertfordshire.

 

 

If you have any questions, please do not hesitate to contact me, quoting
the reference number on this correspondence. To find out more about
Freedom of Information, please visit [6]www.hertsdirect.org/foi

 

If you are unhappy with the way the County Council has handled your
request for information you may request an internal review of the request.
This will be carried out by a member of the County Council Legal Services
Team, who has had no prior involvement with the request. Requests for an
internal review should be sent to the Information Governance Unit at the
address above.

 

If you are unhappy with the outcome of the internal review you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely,

 

Information Access Team

Postal Point CHN 305

Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE

t: 01992 555848 Comnet / Internal: 25848

Fax: 01992 588117

Email: [7][email address]

show quoted sections

Christopher Cairns

Dear Information Governance,

Thank you for your response to my Freedom of Information Request, the information is useful and the attached articles of association were of great benefit.

In respect to the Free School Companies, I noticed that Gill Jones (Gillian Wendy Jones - Former Hertfordshire County Council Head of School Standards and Effectiveness) was mentioned to be a Hertfordshire County Council nominated represent at the Trust (Section 6.6 - www.hertsdirect.org/mm/15529307/15744647.... As Gillian Wendy Jones is also a Director of the Hertfordshire Community Free School Company, Hatfield Community Free School and the West Herts Community Free School Trust - I request any and all information relating to her appointment and the current connections/involvement with the County Council and does She continue to be a nominee for Hertfordshire County Council in these businesses?

In addition, Hertfordshire County Council made 2 payments of £40,000 each to the Hertfordshire Community Free School Company Ltd (on 14th November 2012 and 17th January 2013) - I request details of the work related to this appointment and any competitive processes used in selection of the company as a consultant. The HCC Supplier no. is 753808, so there is clearly a relationship between Hertfordshire County Council and the Hertfordshire Community Free School Company which would require a contractual arrangements to be in place for providing consulting and for payment - I request details of these also.

Yours sincerely,

Christopher Cairns

Information Governance, Hertfordshire County Council

Dear Mr Cairns

 

Reference number: FOI/CSF/01/14/6535

 

Thank you for your correspondence of the 8th January 2014 requesting the
following information:

 

“In respect to the Free School Companies, I noticed that Gill Jones
(Gillian Wendy Jones - Former Hertfordshire County Council Head of School
Standards and Effectiveness) was mentioned to be a Hertfordshire County
Council nominated represent at the Trust (Section 6.6 -
www.hertsdirect.org/mm/15529307/15744647.... As
Gillian Wendy Jones is also a Director of the Hertfordshire Community Free
School Company, Hatfield Community Free School and the West Herts
Community Free School Trust - I request any and all information relating
to her appointment and the current connections/involvement with the County
Council and does She continue to be a nominee for Hertfordshire County
Council in these businesses?

 

In addition, Hertfordshire County Council made 2 payments of £40,000 each
to the Hertfordshire Community Free School Company Ltd (on 14th November
2012 and 17th January 2013) - I request details of the work related to
this appointment and any competitive processes used in selection of the
company as a consultant. The HCC Supplier no. is 753808, so there is
clearly a relationship between Hertfordshire County Council and the
Hertfordshire Community Free School Company which would require a
contractual arrangements to be in place for providing consulting and for
payment - I request details of these also.”

 

Your request for information is being considered under the Freedom of
Information Act 2000.  We will respond to your request as quickly as
possible, and by close of  5th February 2014 at the latest.

 

Please note that this is the second request the County Council has
received from you for information in relation to the Free School Companies
since November 2013. The Freedom of Information Act 2000 (FOIA) and its
associated regulations allow us to aggregate the work required to meet
requests from the same person or group on the same topic where the
requests have been received over a 60 day period. Where this exceeds the
limit of 18 hours required of a public authority under FOIA or the similar
test of manifestly unreasonable contained within the Environmental
information Regulations we are not required  to undertake further work

We will therefore take account of time spent on your previous requests
when dealing with this request.

Further information can be found on the Information Commissioner's
website:

[1]http://www.ico.org.uk/for_the_public/off...

 

If you have any questions, please do not hesitate to contact me, quoting
the reference number on this email.

 

Yours sincerely,

 

Information Access Team

Postal Point CHN 305

Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE

t: 01992 555848 Comnet / Internal: 25848

Fax: 01992 588117

Email: [2][email address]

show quoted sections

Christopher Cairns

Dear Information Governance,

Thank you for your note advising me of the 60 day period, in order to aid me in making the efficient use of time can you advise me on when the 60 day clock begins please? Is this from when I place Freedom of Information Request or from the day of response?

The original request was submitted on the 5th November 2013 - 60 days from then would be Saturday 4th January 2014. It is worth having some clarification to confirm the best approach.

Yours sincerely,

Christopher Cairns

Information Governance, Hertfordshire County Council

Dear Mr. Cairns,
Thank you for your enquiry.

Please note that the 60 consecutive days applies to working days, rather than calendar days, the relevant end date would therefore be 31st January 2014. They apply retrospectively from the current or any future request on a similar topic received from the same individual or members of a group acting in co-ordinated manner, although ICO guidance is that they can also be considered forward for the 20 working days from receipt of any request.

The rules relating to aggregation of requests can be found in The Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004, Regulation 5(2)is the relevant regulation.
http://www.legislation.gov.uk/uksi/2004/...

Yours sincerely,

Elaine Dunnicliffe

Information Access Manager
Information Governance Unit
Hertfordshire County Council
Postal Point CHN 305
County Hall,
Hertford, SG13 8DQ
Telephone: 01992 555848
Email: [email address]
---------------------------------------------------------------------------
The Information Governance Unit supports Hertfordshire County Council's Data Protection, Freedom of Information and Records Management activity.
hertsdirect / twitter / facebook
      
Hertfordshire - County of Opportunity

show quoted sections

Christopher Cairns

Dear Information Governance,

Thank you for the clarification, I'll bear this in mind when writing future requests.

Yours sincerely,

Christopher Cairns

Information Governance, Hertfordshire County Council

Dear Mr. Cairns,

 

Reference number:  FOI/CSF/01/14/6535

                                        

On 8th January 2014 we received the following request for information from
you:

 

Thank you for your response to my Freedom of Information Request, the
information is useful and the attached articles of association were of
great benefit.

 

In respect to the Free School Companies, I noticed that Gill Jones
(Gillian Wendy Jones - Former Hertfordshire County Council Head of School
Standards and Effectiveness) was mentioned to be a Hertfordshire County
Council nominated represent at the Trust (Section 6.6 -
[1]www.hertsdirect.org/mm/15529307/15744647/-item3edskills150311.doc).

 

1.  As Gillian Wendy Jones is also a Director of the Hertfordshire
Community Free School Company, Hatfield Community Free School and the West
Herts Community Free School Trust - I request any and all information
relating to her appointment and the current connections/involvement with
the County Council and does She continue to be a nominee for Hertfordshire
County Council in these businesses?

 

2. In addition, Hertfordshire County Council made 2 payments of £40,000
each to the Hertfordshire Community Free School Company Ltd (on 14th
November 2012 and 17th January 2013) - I request details of the work
related to this appointment and any competitive processes used in
selection of the company as a consultant. The HCC Supplier no. is 753808,
so there is clearly a relationship between Hertfordshire County Council
and the Hertfordshire Community Free School Company which would require a
contractual arrangements to be in place for providing consulting and for
payment - I request details of these also.

 

Your request for information has been considered under the Freedom of
Information Act 2000. I can confirm that Hertfordshire County Council does
hold the information you have requested, and can respond as follows:

 

1. We do not hold this information as Gillian Jones was/is not a County
Council nominated representative on any of the bodies to which your
question refers.

In order to advise and assist we believe you may have has misunderstood the
report, extracted here: "The likely nominated representative of the group is
Gill Jones, an independent consultant and former Head of School Standards and
Effectiveness in Hertfordshire." "The group" referred to is not HCC but the
preliminary interested parties who are intending to form the Trust, please see
the preceding sentence of the document "Whilst the full composition of the trust
remains to be agreed, the intention is to seek a balance of membership including
a local Head teacher, a nominee from the University of Hertfordshire, a local
parent, and others bringing specific educational expertise"   

 

With regard to question 2 we are reviewing  whether some of the requested
information should be withheld under the exemption provided at Section
43(2) of the Freedom of Information Act 2000 relating to commercial
interests. We require further time to consider the public interest in this
matter, and will provide a response by 19th February 2014 at the latest.

 

 

If you have any questions, please do not hesitate to contact me, quoting
the reference above. To find out more about Freedom of Information, please
visit [2]www.hertsdirect.org/foi

 

If you are unhappy with the way the County Council has handled your
request for information you may request an internal review of the request.
This will be carried out by a member of the County Council Legal Services
Team, who has had no prior involvement with the request. Requests for an
internal review should be sent to the Information Governance Unit at the
address above.

 

If you are unhappy with the outcome of the internal review you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely

 

Elaine Dunnicliffe

 

 

Information Access Manager

Information Governance Unit

Hertfordshire County Council

Postal Point CHN 305

County Hall,

Hertford, SG13 8DQ

Telephone: 01992 555848

Email: [email address]

show quoted sections

Information Governance, Hertfordshire County Council

1 Attachment

Dear Mr. Cairns,

 

Reference number:  FOI/CSF/01/14/6535

                                        

On 8th January 2014 we received the following request for information from
you:

 

Thank you for your response to my Freedom of Information Request, the
information is useful and the attached articles of association were of
great benefit.

 

In respect to the Free School Companies, I noticed that Gill Jones
(Gillian Wendy Jones - Former Hertfordshire County Council Head of School
Standards and Effectiveness) was mentioned to be a Hertfordshire County
Council nominated represent at the Trust (Section 6.6 -
[1]www.hertsdirect.org/mm/15529307/15744647/-item3edskills150311.doc).

 

1.  As Gillian Wendy Jones is also a Director of the Hertfordshire
Community Free School Company, Hatfield Community Free School and the West
Herts Community Free School Trust - I request any and all information
relating to her appointment and the current connections/involvement with
the County Council and does She continue to be a nominee for Hertfordshire
County Council in these businesses?

 

2. In addition, Hertfordshire County Council made 2 payments of £40,000
each to the Hertfordshire Community Free School Company Ltd (on 14th
November 2012 and 17th January 2013) - I request details of the work
related to this appointment and any competitive processes used in
selection of the company as a consultant. The HCC Supplier no. is 753808,
so there is clearly a relationship between Hertfordshire County Council
and the Hertfordshire Community Free School Company which would require a
contractual arrangements to be in place for providing consulting and for
payment - I request details of these also.

 

Your request for information has been considered under the Freedom of
Information Act 2000. I can confirm that Hertfordshire County Council does
hold some of the information you have requested:

 

On 5th February we provided the information below:

 

1. We do not hold this information as Gillian Jones was/is not a County
Council nominated representative on any of the bodies to which your
question refers.

In order to advise and assist we believe you may have has misunderstood the
report, extracted here: "The likely nominated representative of the group is
Gill Jones, an independent consultant and former Head of School Standards and
Effectiveness in Hertfordshire." "The group" referred to is not HCC but the
preliminary interested parties who are intending to form the Trust, please see
the preceding sentence of the document "Whilst the full composition of the trust
remains to be agreed, the intention is to seek a balance of membership including
a local Head teacher, a nominee from the University of Hertfordshire, a local
parent, and others bringing specific educational expertise"   

 

 

2. Please see attached the contract to which I believe you are referring.
Details of our contract regulations (Annex 13 to the constitution) can be
found on our website at:

[2]http://www.hertsdirect.org/your-council/...

This was a single tender procurement.

 

Please note:

 

 Information redacted in black is regarded as the personal data of the
individuals concerned. After consideration the County Council has decided
that this information should be withheld under the exemption contained in
Section 40(2) of the Freedom of Information Act 2000, relating to third
party personal data.  The disclosure of this information would contravene
the first Data Protection principle as none of the individuals have
provided their consent for the information to be disclosed.

 

Information redacted in blue is being withheld because the Council
considers that this falls within the exemption contained in section 43(2)
of the Freedom of Information Act 2000 which relates to Commercial
Interests.  As this exemption is a qualified exemption, in reaching its
decision, the Council has balanced the public interest test in withholding
the information against the public interest in disclosure.

 

The factors we have considered which are in favour of disclosure are:

 

·         There is a public interest in allowing scrutiny of how public
money is spent and ensuring value for money when purchasing goods and
services.

·         Facilitate the accountability and transparency of public
authorities for decisions taken by them including the procurement process;

·         Allow individuals to understand decisions made by public
authorities affecting their lives and, in some cases, assist individuals
in challenging those decisions;

 

The factors we have considered which are against disclosure are:

 

·         The information is commercial in nature

·         The information is not in the public domain

·         The disclosure of the requested information would potentially
cause detriment to the commercial interests of the Hertfordshire Community
Free School Company.

·         The public interest in ensuring companies are able to compete
fairly for County Council contracts.

·         Disclosure may make it more difficult for the Hertfordshire
Community Free School Company to be able to conduct commercial
transactions or have other dealings with public bodies

 

Balancing test – reasons why public interest favours withholding the
information:

 

On balance, we consider that the public interest does not favour
disclosing the withheld information as it would be likely to prejudice the
commercial interests of both ourselves and the Hertfordshire Community
Free School Company  and would negate the whole purpose of the tendering
process and inhibit our future working relationship.  Disclosure could
affect the Council's ability to obtain the best rates for such contracts
in the future and could also affect the company’s ability to successfully
tender for any renewable contract with not only this Council but also
other organisations for which they may be in the process of tendering.

 

 

If you have any questions, please do not hesitate to contact me, quoting
the reference above. To find out more about Freedom of Information, please
visit [3]www.hertsdirect.org/foi

 

If you are unhappy with the way the County Council has handled your
request for information you may request an internal review of the request.
This will be carried out by a member of the County Council Legal Services
Team, who has had no prior involvement with the request. Requests for an
internal review should be sent to the Information Governance Unit at the
address above.

 

If you are unhappy with the outcome of the internal review you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely

 

Elaine Dunnicliffe

 

 

 

Information Access Manager

Information Governance Unit

Hertfordshire County Council

Postal Point CHN 305

County Hall,

Hertford, SG13 8DQ

Telephone: 01992 555848

Email: [email address]

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Christopher Cairns

Dear Information Governance,

Thank you for providing the Hertfordshire Community Free School Company contract for the 3 Primary Free Schools in Watford and Hemel Hempstead, it has been most helpful.

Following indication that the Hertfordshire Community Free School Company would be used for promoting a new Secondary Free School in the Harpenden Area (Page 7 - Section 6.8 of www.hertsdirect.org/mm/15520666/15744560.... Does Hertfordshire County Council also have a contract with the Hertfordshire Community Free School Company regarding the promotion/DfE bidding of the potential new Secondary Free School in Harpenden?

Yours sincerely,

Christopher Cairns

Information Governance, Hertfordshire County Council

Dear Mr. Cairns,

Thank you for your email.
No the County Council doesn't.

Yours sincerely,

Elaine Dunnicliffe

Information Access Manager
Information Governance Unit
Hertfordshire County Council
Postal Point CHN 305
County Hall,
Hertford, SG13 8DQ
Telephone: 01992 555848
Email: [email address]
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The Information Governance Unit supports Hertfordshire County Council's Data Protection, Freedom of Information and Records Management activity.
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Christopher Cairns

Dear Information Governance,

Thank you for confirming there is no contract in place and for your help with my request.

Yours sincerely,

Christopher Cairns

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