Dear Leila,

Thank you for your request for information from the Arts Council.

I can confirm that this request can now be considered in line with our
obligations under the Freedom of Information Act 2000.  This means that we
will respond to your request in full as soon as possible and, at the
latest, within 20 working days (not including UK Public Holidays) after we
received your email.

Our response is therefore due on or prior to Tuesday 31^st October 2017.

If you would like to know more about how we will deal with your request
for information, you can find information on our website
[1]http://www.artscouncil.org.uk/who-we-are...

Alternatively for a more comprehensive look at information rights
legislation, please visit the Information Commissioner’s website
[2]http://www.ico.gov.uk  

If you have any further queries in the meantime please do not hesitate to
contact me.

Kind regards,

Paul Holmes

Assistant, Information

Arts Council England

0161 934 4474

[3]web | [4]twitter | [5]facebook | [6]instagram | [7]linkedin

I think [8]#culturematters – do you?

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Dear Leila,

Thank you for your request for information from the Arts Council.

As previously mentioned, I can confirm that this request was considered in
line with our obligations under the Freedom of Information Act 2000.

Your request:

Please could you provide the applications for NPO (2018-22) for the below
organisations - specifically the details around Creative Case for
Diversity.

- Sage Gateshead/North Music Trust

- Baltic

- Dance City

- Northern Stage

This is to inform planning and programme for a strategic project, which
will aim to support NPOs development of activity to fulfil the Creative
Case objectives.

Our Response:

Please find the applications and evaluations you requested attached.

You will notice that some information has been withheld. I have explained
below why this is the case under our obligations in respect to the Freedom
of Information Act.

The follow redactions have been applied to this document…

Section 40(2) – personal data

Section 40(2) provides an exemption from the disclosure obligation where
that information is 1) personal data and 2) where releasing the
information would contravene the Data Protection Act 1998.

The Arts Council has a responsibility to hold the personal data of other
individuals securely and in line with the principles of the Data
Protection Act. Releasing this information would contravene the first
principle of fair and lawful processing.

Section 43(2) – Prejudicial to commercial interests

A public authority is entitled to withhold information under this
provision where disclosure of that information would be likely to
prejudice the commercial interests of any persons (including the authority
holding the information).

The Arts Council considers that disclosing detailed application
information prior to the completion of the full application process is
likely to jeopardise the commercial interests of the organisations in
question.

Under Section 43(2) we are also required to carry out a public interest
test to determine whether the public interest in disclosing commercially
prejudicial information is outweighed by the public interest in
withholding the information.

PUBLIC INTEREST TEST

Factors in favour of disclosure

·         It is acknowledged that disclosing the information requested
would enhance transparency and accountability.

·         As a publicly funded organisation, the public has a legitimate
interest in the Arts Council’s activities.

·         Disclosure would increase public awareness, thus enabling a
public debate about decisions made by Arts Council England in relation to
this programme.

Factors against disclosure

·         It is not in the public interest for the commercial viability of
applicants to be jeopardised unnecessarily, or for their commercial
interests to be disproportionately prejudiced.

·         It is not in the public interest for the Arts Council’s
commercial interests to be prejudiced.

·         It is not in the public interest for the processes through which
public funding is invested to be compromised. The Arts Council is required
to ensure that these processes are robust, fair, impartial, and not
subject to undue influence. Releasing information prematurely would
distort this.

·         It is not in the public interest for applicants to be deterred
from applying for funding, or engaging with us, because they have concerns
relating to the protection of their confidential and commercially
sensitive information.

On balance the Arts Council is of the view that the public interest in
withholding this information outweighs the public interest in disclosure.

I hope the information being provided is helpful. If you do have any
further queries please do not hesitate to contact me.

Copyright notice

Please note that copyright in the information you have been given belongs
to Arts Council England or to another party. Copyright material must not
be copied, distributed, modified, reproduced, transmitted, published
(including published on the Internet or an intranet), or otherwise made
available in whole or in part without the prior written consent of the
copyright holder.

We hope you are satisfied with the way in which we have dealt with your
request for information under the Freedom of Information Act, however, if
you are not satisfied that this is the case then you are entitled to an
internal review. If you do wish for an internal review of the manner in
which we have applied the Freedom of Information Act in this case, please
contact me at the address above, within two months of the date of this
correspondence, explaining what specifically you would like us to review
under the Act. Alternatively you can detail your specific concerns in
writing and send them to the Chief Executive, Arts Council England, 21
Bloomsbury Street, London, WC1B 3HF or email to [1][email address]

Subsequently, if you are not content with the outcome of the internal
review, you have the right to apply directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted
at Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

Kind regards,

Paul Holmes
Assistant, Information
Arts Council England

0161 934 4474

[2]web | [3]twitter | [4]facebook | [5]instagram | [6]linkedin

I think [7]#culturematters – do you?

From: FOI
Sent: 04 October 2017 14:11
To: Leila d'Aronville <[FOI #436151 email]>
Subject: Your Freedom of Information request

Dear Leila,

Thank you for your request for information from the Arts Council.

I can confirm that this request can now be considered in line with our
obligations under the Freedom of Information Act 2000.  This means that we
will respond to your request in full as soon as possible and, at the
latest, within 20 working days (not including UK Public Holidays) after we
received your email.

Our response is therefore due on or prior to Tuesday 31^st October 2017.

If you would like to know more about how we will deal with your request
for information, you can find information on our website
[8]http://www.artscouncil.org.uk/who-we-are...

Alternatively for a more comprehensive look at information rights
legislation, please visit the Information Commissioner’s website
[9]http://www.ico.gov.uk  

If you have any further queries in the meantime please do not hesitate to
contact me.

Kind regards,

Paul Holmes

Assistant, Information

Arts Council England

0161 934 4474

[10]web | [11]twitter | [12]facebook | [13]instagram | [14]linkedin

I think [15]#culturematters – do you?

show quoted sections