"Full IT Facilities Management Contract with Capita" disclosure

Matthew Appleton made this Freedom of Information request to Historic Buildings and Monuments Commission for England

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Historic Buildings and Monuments Commission for England,

According to a previous FOIA request that mentions in the reply from English Heritage the existance of a "full IT Facilities Management Contract with Capita", please can the signed version of this document be disclosed (minus any restricted information such as names, addresses, telephone numbers etc)?

Yours faithfully,

Matthew Appleton

Bryan, Ann,

1 Attachment

Our Reference: 14/1020

 

Dear Mr Appleton,

 

Re: Freedom of Information Request – IT Facilities Management Contract
with Capita

 

Thank you for your email on 16 January.  In your email you have requested
a signed version of the full IT Facilities Management Contract between
English Heritage and Capita.

 

Your request will be considered under the Freedom of Information Act
(2000).  We will be writing to you within the statutory 20 working day
timeframe with a response to your request.  You will be informed if this
is not possible.

 

Details of our review procedure are attached.

 

Yours sincerely, 

 

Ann Bryan
Information Assistant

English Heritage

The Engine House

Fire Fly Avenue

SWINDON

SN2 2EH

 

Tel: 01793 414567

[1]www.english-heritage.org.uk

 
 
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of English Heritage unless specifically
stated. If you have received it in error, please delete it from your
system and notify the sender immediately. Do not use, copy or disclose the
information in any way nor act in reliance on it. Any information sent to
English Heritage may become publicly available.

Portico: your gateway to information on sites in the National Heritage
Collection; have a look and tell us what you think.
http://www.english-heritage.org.uk/profe...

References

Visible links
1. blocked::http://www.english-heritage.org.uk/
file:///tmp/blocked::http:/www.english-heritage.org.uk/

Gibbons, Frances,

2 Attachments

REF: FOI14/1020

Dear Mr Appleton,

Thank you for your Information Request in which you ask for a signed copy
of the full IT Facilities Management Contract with Capita. Your request
has been processed under the Freedom of Information Act 2000 (FOIA).

I can confirm that English Heritage has a contract which falls within the
scope of your request and hope that the attached version of the original
contract is useful to you. I consider the information that I have removed
from it to be exempt under sections 43(2) (commercial information) and
40(2) (personal data) of the FOI Act. I will now explain why I consider
each exemption is applicable:

Section 43(2) of the FOI Act can be used to exempt information if its
release "would, or would be likely to, prejudice the commercial interests"
of English Heritage or any other party. I believe that disclosure of the
redacted information would be likely to prejudice the commercial interests
of both English Heritage and Capita. The withheld information principally
demonstrates how Capita will comply with contract and so contains
information that is specific to them. As Capita is a private company they
operate in a very competitive environment and much of the information
could be very useful to their competitors.

From English Heritage’s perspective it is important that we, as a public
sector organisation, are able to achieve best value for money. In order to
do this all companies we deal with need to feel able to provide us with
detailed and sometimes market-sensitive information, without concern that
it will be released inappropriately.

As the application of the exemption in section 43(2) of the FOI Act is
subject to a public interest test the abovementioned demonstration of how
disclosure of the information in question would be likely to prejudice the
commercial interests of both Capita and English Heritage is not sufficient
to apply it. The presence of a public interest test means that I must also
consider whether, in all the circumstances of the case, the public
interest in maintaining the exemption outweighs the public interest in
disclosing the information.

In favour of releasing the information I have considered the argument that
there is a reasonable expectation that bodies such as English Heritage,
which receives public money (annual Grant-in-Aid from DCMS) should be open
and transparent about the way that it works and the money that it spends.

This does, however, have to be balanced against the importance of ensuring
that value for money is sought. If Capita had been concerned that the
information in question was going to be disclosed while it is still
commercially sensitive they may not have provided us with such detailed
information. The information that Capita supplied informed our decision to
award the contract to them. While increased transparency can have the
effect of making the public sector more aware of how it spends its money,
and so more efficient, it cannot be assumed that it is the case.

Having considered the above arguments I have concluded that the public
interest is currently best served by maintaining the exemption.

With regard to the use of section 40(2) of the FOI Act I have redacted
some third party personal data because I think that disclosing it would
breach one or more of the principles in the Data Protection Act 1998. As
the application of the exemption is not subject to a public interest test
I have not considered where that lies.

I hope that the information I have been able to provide is helpful to
you.  If however you are unhappy with this response you may request an
internal review.

Details of our review procedure are attached.

 

Yours sincerely

 
Frances Gibbons
 
Information Rights Officer
(Tuesday, Wednesday, Thursday)
 
English Heritage
Room 2/73
The Engine House
Swindon
SN2 2EH
 
01793 414445
 
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of English Heritage unless specifically
stated. If you have received it in error, please delete it from your
system and notify the sender immediately. Do not use, copy or disclose the
information in any way nor act in reliance on it. Any information sent to
English Heritage may become publicly available.

Portico: your gateway to information on sites in the National Heritage
Collection; have a look and tell us what you think.
http://www.english-heritage.org.uk/profe...