Hastings Pier - copies of correspondence between HLF and Hastings Pier Charity/ Smith and Williamson

The request was refused by The National Lottery Heritage Fund.

Dear The National Lottery Heritage Fund,

Hastings Pier under the Hastings Pier Charity(HPC) went into administration in late 2017.

1. Please provide me with copies of all correspondence between the HLF and HPC concerning the administration process from January 2017 to date.

2. Please provide me with copies of all correspondence between the HLF and the administrators Smith and Williamson concerning the administration process from January 2017 to date.

Yours faithfully,

Chris Hurrell

Freedom Of Information,

Thank you for your Freedom of Information request to the National Heritage
Memorial Fund/ National Lottery Heritage Fund.

We are currently processing your request and will respond within 20
working days.

Dear The National Lottery Heritage Fund,

This information request is now overdue.

Please advise when I will receive a reply.

Yours faithfully,

Chris Hurrell

Freedom Of Information,

1 Attachment

Dear Chris Hurrell,

 

Many thanks for your email on 22 September 2019 in which you requested the
following information:

 1. Copies of all correspondence between the National Lottery Heritage
Fund (The Fund) (formerly the Heritage Lottery Fund) and Hastings Pier
Charity (HPC) concerning the administration process from January 2017
to date.
 2. Copies of all correspondence between The Fund and the administrators
Smith and Williamson (S&W) concerning the administration process from
January 2017 to date.

 

Apologies for the delay in responding to your request.

 

Please find our response to each of your queries set out below:

 

 1. Hastings Pier Charity entered administration in December 2017, with
the appointment of S&W by HPC’s Board. The subsequent correspondence
regarding the administration process was conducted through Smith and
Williamson and The National Lottery Heritage Fund. We therefore do no
hold anything in relation to this request.

 

 2. Some information that is contained within this correspondence is
already in the public domain, this can be accessed through the
administration reports that are available [1]here through the
Financial Conduct Authority website, under the ‘Documents’ tab. Under
section 21- Information accessible elsewhere of the Freedom of
Information Act (FOIA), a public body does not have to release
information if it can be reasonably accessed through another means.

 

We have however reviewed all the information we hold that falls within the
scope of your request including that which does not make up these reports.
After careful deliberation, we have concluded that we cannot release this
information due to the confidential and commercially sensitive nature of
these emails.

 

In essence the email exchanges describe and discuss information received
from bidders and potential bidders, and the handling of the administration
process.  This includes information regarding potential costs and
individual proposals that have a clear commercial value to the bidders. 
Even now that the administration process has been completed, placing this
information in the public domain would be prejudicial to all bidders as it
would demonstrate to competitors in the future their bidding strategy,
their strengths and their flaws.

 

Further, S&W entered into specific agreements of confidentiality with
bidders and potential bidders. Information shared with The Fund, as chief
creditor, was done on the understanding that this would not be shared more
widely. To release the information would be breach of confidence. If The
Fund were to release this information it could undermine the principle of
confidentiality and the relationship of trust between public authorities
and any futured confiders of information. This could discourage
organisations from confiding in The Fund if they don’t have a degree of
certainty that this trust will be respected, which could inhibit us from
performing our jobs effectively.

 

The exemption in the Freedom of Information Act which allows us hold back
information for these reasons are: section 41 -provided in confidence,
section 43(2) - commercial interests of the FOIA. Section 43(2) of the FOI
Act is a qualified exemption, meaning it requires us to complete a public
interest test to determine whether the arguments to withhold this
information outweigh those to release. I have set this out at Appendix 1.
Overall we have concluded that in both cases the arguments against
disclosure outweigh those in favour.

 

I know this is not the answer you were wanting, but I hope that you will
understand our reasoning.

 

If you are concerned that we have not properly fulfilled our
responsibilities under the Freedom of Information Act you can ask for an
internal review of our decision via [2][The National Lottery Heritage Fund request email] . If you are not
content with the outcome of the internal review you have the right to
appeal to the Information Commissioner’s Office ([3]https://ico.org.uk/).

 

Yours sincerely,

 

Lauren

 

Appendix 1- Public Interest Test for s43(2) – commercial sensitivity

 

Factors in favour of disclosure

o Disclosing the information requested would enhance transparency and
accountability.
o As a publicly funded organisation, the public has a legitimate
interest in HLF’s activities and disclosure would increase public
awareness about the work of HLF and its grantees.

 

Factors against disclosure

o S&W entered into specific agreements of confidentiality with
interested parties, who all entered into talks on the explicit
agreement that these discussions were to be kept private and
confidential.
o Releasing these emails would therefore damage S&W’s credibility in the
industry and impact their ability to obtain future business.
o Placing this information in the public domain would be prejudicial to
all bidders as it would demonstrate to competitors in the future their
bidding strategy, their strengths and their flaws.

 

 

FOI Team

The National Lottery Heritage Fund

 

Website: [4]heritagefund.org.uk

 

Address:

Mezzanine Floor (North)

International House

St Katharine’s Way

London E1W 1UN

 

Telephone no: 0207 591 6000

 

Follow us on [5]Twitter, [6]Facebook and [7]Instagram

#NationalLotteryHeritageFund

 

show quoted sections