5 May 2023
Our ref: IRN17042594
Dear Sir / Madam
Freedom of Information Act 2000
This request is being handled under the Freedom of Information Act 2000.
Request
Please provide a summary of all the works included within the major works '2015/2016
Landlords Electrics' broken down by estate.
Response
Please see attached document.
Request
Please provide the tender analysis reports for all works included within the major works
'2015/2016 Landlords Electrics'.
Response
I can confirm that we have reviewed your request but consider that the information is
commercially sensitive and therefore we are unable to provide it.
We therefore engage Section 43: Commercial Interests to this request.
The information you have requested contains commercially sensitive information and is
exempt in accordance with:
•
S43 Commercial Interests
Section 43(2) provides an exemption from disclosure where to release information
would or would be likely to prejudice the commercial interests of any party (including
the Public Authority holding it).
Disclosure of the requested information could prejudice pending or intended future
negotiations the Council and or third party may be subject to.
This is a qualified exemption under the FOI Act which means that consideration must
also be given to whether in all the circumstances of the case the public interest
favouring disclosure is greater than the public interest in maintaining the exemption.
The public interest means what is in the best interests of the public not what is of
interest to the public.
Public interest test considerations
I have considered whether the public interest in maintaining the exemption
outweighs the public interest in disclosing the information. There are a number of
public interest arguments that weigh in favour of disclosing the information you
have sought:
• The general proposition of maximising openness that the FOIA and the Council
aspire to;
• The benefits of ensuring transparent and accountable government by disclosing
how the
Council receives and spends public money;
However, there are also public interest arguments against disclosure:
• Releasing the requested information could prejudice the Council’s and or third
parties negotiation capabilities to the detriment of all parties concerned.
I have considered whether the public interest in maintaining the exemption outweighs
the public interest in disclosing the information. The Information Commissioner
advises “t
he public interest here means the public good, not what is of interest to the
public, and not the private interests of the requester.”
The public interest in withholding the requested information outweighs the public
interest in disclosure of the requested information in this case.
In accordance with Section 17 FOIA this letter represents a Refusal Notice for this
part of your request
Right to review
If you are dissatisfied with the way in which your request has been dealt with you can
request an internal review. Tell us why you are unhappy with our response within 40
working days, and it will be looked at afresh. We will aim to provide you with our review
response within 20 working days.
By email: xxx@xxxxxxx.xxx.xx (Please quote the reference number above) or by writing
to:
London Borough of Lambeth
Freedom of Information
P.O. Box 734
Winchester
S023 5DG
If you remain dissatisfied with the outcome of the review you have a further right to
appeal to the Information Commissioner, who regulates the implementation of the
Freedom of Information Act. The Commissioner can be contacted at the following
address:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0330 123 1113
Website:
www.ico.org.uk
I will now close your request as of this date.
Yours faithfully
FOI Team
London Borough of Lambeth
Website:
www.lambeth.gov.uk
Lambeth - a Co-operative Council
