Dear A Hall,

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 25030069

Thank you for your recent request.

Your request is being considered and you will receive a response within the statutory timescale of 20 working days, subject to the application of any exemptions. Where consideration is being given to exemptions the 20 working day timescale may be extended to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested where the request exceeds the statutory limit or where disbursements exceed £10. In such cases you will be informed in writing and your request will be suspended until we receive payment from you or your request is modified and/or reduced.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

If we are unable to provide you with the information requested we will notify you of this together with the reason(s) why and details of how you may appeal (if appropriate).

Please note that the directorate team may contact you for further information where we believe that the request is not significantly clear for us to respond fully.

Kind regards

FOI Team
Information Security & Governance
Chief Executive’s Directorate
Lewisham Council

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Dear A Hall,

Re: Freedom of Information Act 2000

Environmental Information Regulations 2004

Reference No: 25030069

Thank you for your request for information held by London Borough of
Lewisham. Please find below, a copy of your request and our response.

Can Lewisham Council confirm whether Phoenix Community Housing made a bid
in relation to this matter?

Did Phoenix Community Housing express an interest in making a bid?

Please release any correspondence in relation to this matter.

Please find attached document for your attention .

We hope you will find this information helpful.

You are free to use the information provided for your own purposes,
including any non-commercial research you are doing and for the purposes
of news reporting. Any other re-use, for example commercial publication,
requires the permission of the copyright holder. You may apply for
permission to re-use this information by submitting a request to
[1][email address]

You have a right of appeal against this response which you can exercise by
writing to: [2][email address]

This must be requested within 40 working days of the date of this
response.

If you are still dissatisfied after our internal review, you can complain
to the [3]Information Commissioner’s Office (ICO). You should make
complaints to the ICO within six weeks of receiving the outcome of an
internal review. The easiest way to lodge a complaint is through their
website: [4]www.ico.org.uk/foicomplaints.

Postal address: Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

Yours sincerely

FOI Team

Information Security and Governance Team

Chief Executive’s Directorate

Lewisham Council

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Dear A Hall

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No:- 25030069 -Appeal

Thank you for your email.

We acknowledge receipt of your appeal of our response to your information request. We will now undertake a review of our original response. We will endeavour to respond to you as soon as possible and within 20 working days.

Yours sincerely

FOI Appeals Manager
Information Security and Governance Team
Chief Executive’s Directorate
Lewisham Council

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Dear A Hall

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 25030069- Appeal response

We have now considered your appeal of our original response to you. Your request was for information relating to Ladywell Playtower bids and Phoenix Community Housing in 2017. In summary, we wish to provide you with further information and apologise that this was omitted from the original response.

We also wish to respond under the provisions of the Environmental Information Regulations 2004 as opposed to the Freedom of Information Act 2000.

Please find the following documents attached:

An initial assessment of the Phoenix bid in the context of all the other bids.

An updated assessment of the bids initially deemed merit worthy after clarifications had been sought.

Correspondence thread between Phoenix and a senior council officer which explains why the bid did not go forward to Mayor & Cabinet for formal consideration.

All documents have been redacted to remove 3rd party information under EIR regulation 13 (personal information)

To release the information, you have requested into the public domain would breach the data protection principles under article 5 of GDPR which states that a public authority can only disclose personal data if to do so would be fair and lawful.

Assessing whether disclosure is fair involves considering:

Whether the information is sensitive personal data; the possible consequences of disclosure on the individual(s) concerned; the reasonable expectations of the individual, taking into account: their expectations both at the time the information was collected and at the time of the request; the nature of the information itself; the circumstances in which the information was obtained; whether the information has been or remains in the public domain; the FOIA/EIR principles of transparency and accountability; and whether there is a legitimate interest in the public or requester having access to the information and the balance between this and the rights and freedoms of the data subjects.

Also redacted is information that is commercial in nature and exempt from disclosure under EIR regulation 12(5)(e) (commercial or industrial information)

When applying this exception, 4 criteria must be met:

Information is commercial / industrial in nature -

Confidentiality is provided in law -

The confidentiality is protecting a legitimate economic interest

The confidentiality would be adversely affected by disclosure

The redacted information if released into the public domain, would prejudice the Council in any future negotiations. Disclosure of the financial information would have a detrimental impact on the Council's bargaining position and ability to achieve best value in the interests of local taxpayers.

Public interest test:

In relation to the balance of the public interest test the Council acknowledges that there is a need for openness and transparency. This interest is to some extent met by the publication of correspondence and Expression of Interest from Phoenix Community Housing.

This should be balanced with the ability to enable the Council to receive the best value for money. Therefore, we are of the view that the public interest in maintaining the exception outweighs the public interest in disclosing the information.

We hope you find this response to your review satisfactory, however, you have a further right of appeal against this decision, which you can do so in writing, stating your reasons to the regulating body, the Information Commissioner's Office (ICO). You should make complaints to the ICO within six weeks of receiving the outcome of an internal review. The easiest way to lodge a complaint is through their website: www.ico.org.uk/foicomplaints. Postal address: Wycliffe House, Water Lane, Wilmslow, SK9 5AF.
.
Yours sincerely

FOI Appeals Manager
Information Security and Governance Team
Chief Executive's Directorate
Lewisham Council

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Dear A Hall

Thank you for your email.

I have written to the Officer who provided the information with regards to your comments below and will revert to you with a reply in due course, but there will be some delay in doing this due to staff leave which runs to the end of this month.

I therefore anticipate that I will be able to respond further in early September.

Kind regards

FOI Appeals Manager
Information Security and Governance Team
Chief Executive’s Directorate
Lewisham Council

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Dear A Hall

As promised, please find attached the information you requested with the Ex Lewisham-Council Officer's details, un-redacted.

We trust this satisfies your request and apologies for any inconvenience.

Kind regards

FOI Appeals Manager
Information Security and Governance Team
Chief Executive’s Directorate
Lewisham Council

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