PO Box 165, Liverpool, L69 3JD
F 0151 676 1909 W www.homeoffice.gov.uk/crb
E
xxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Via Email
28th June 2012
Dear Mr Griffiths,
Thank you for your request, received on 25th May 2012 made under the Freedom of
Information Act 2000.
Please find attached our response.
Re-Use of Information
Any information we provide following your request under the Freedom of Information Act will
not confer an automatic right for you to re-use that information, for example to publish it. If
you wish to re-use the information that we provide and you do not specify this in your initial
application for information then you must make a further request for its re-use as per the
Re-Use of Public Sector Information Regulations 20
05 www.opsi.gov.uk. This will not affect
your initial information request.
If you have any queries about this letter, please contact me.
If you are not content with our response you can request a review by writing to:
Information Access Team
Home Office
Ground Floor, Seacole Building
2 Marsham Street
London SW1P 4DF
E-ma
il: xxxxxxxxxxx@xxxxxxxxxx.xxx.xxx.xx Yours sincerely
Ms E Snelham
Freedom of Information Officer
FOI Reference Number: 22921
Information Requested:
Please can you provide me with the number of applications submitted by each employer
name (section y), in the 12 month period ending March 2012, grouped by
registered/umbrella body name for online Disclosures only.
I recognise that this may be a large volume of information, but would ideally like it in Excel
format.
Response:
I can confirm that the CRB holds the information that you requested. However, after careful
consideration we have decided that part of the information you request is exempt from
disclosure under section 43 of the Freedom of Information Act. This provides that
information can be withheld where disclosure would be likely to prejudice the commercial
interests of any person and the public interest falls in favour of applying the exemption.
I am however able to disclose some of the information that you requested, as set out in the
attached Excel spreadsheet. This provides a list of the potential employer names and the
volumes of online applications submitted in the 12 month period ending March 2012.
The following exemption has been applied to the list of Registered Body names.
Section 43 (2) (Commercial Interests) Exemption
Section 43(2) exempts information if its disclosure under this Act would, or would be likely
to; prejudice the commercial interests of any person (including the public authority holding
it). This is also a prejudice based exemption and therefore the public interest test has been
applied to the information requested.
Factors in favour of release
CRB acknowledges the need for openness and transparency and considers there is strong
public interest in knowing which organisations are applying for CRB checks and in what
numbers.
Factors against release
There is less public interest in knowing which Registered Bodies have made the
applications on their behalf. It would not be in the public interest to disclose information
that could prejudice the commercial interests of organisations who are registered with the
CRB for the purpose of asking exempted questions. The CRB has a strategic partnership
with its Registered Bodies and consider that the release of the Registered Body names
alongside the names of employers would be likely to prejudice their commercial interests.
This information in it’s entirety is market-sensitive information and the disclosure would be
likely to weaken the Registered Bodies position in a competitive environment since it would
be useful to their competitors.
The CRB have a responsibility not to damage the commercial interests of our Registered
Bodies unnecessarily, but equally we have a responsibility under the Freedom of
Information Act 2000 to provide information about matters of genuine public interest. We
therefore consider the factors against release outweigh the factors in favour of release and
consider there are reasonable grounds for withholding the names of the Registered Bodies
under Section 43(2) but not the list of employers and volumes.