Commercial Directorate
2 Marsham Street
Peel Building
Haider Ali
First Floor
Email: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
London
SW1P 4DF
www.gov.uk/home-office
29 January 2019
Dear Haider Ali
FREEDOM OF INFORMATION REQUEST 51756
Thank you for your e-mail of 3 January 2019, in which you ask for sight of the contract between the
Home Office and Sopra Steria to provide services instead of previous Premium Services. Your full
request is shown at Annex A. Your request has been handled as a request for information under
the Freedom of Information Act 2000 (FOIA).
I am able to disclose some of the information that you have requested, as inserted PDF files at
Annex B.
I can also confirm that the Home Office holds the information that you requested; the contract
between Home Office and Sopra Steria.
However, after careful consideration we have decided that
some of the information in the contract and its schedules is exempt from disclosure under section
43.2 of the FOIA and some information has been redacted in the files attached. This provide that
information can be withheld where Information is exempt 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), and the public interest falls in favour of maintaining the exemptions.
Arguments for and against disclosure in terms of the public interest, with the reasons for our
conclusion, are set out in the enclosed Annex C.
If you are dissatisfied with this response you may request an independent internal review of our
handling of your request by submitting a complaint within two months to
xxxxxxxxxxx@xxxxxxxxxx.xxx.xxx.xx, quoting reference 51756. If you ask for an internal review, it
would be helpful if you could say why you are dissatisfied with the response.
As part of any internal review the Department's handling of your information request would be
reassessed by staff who were not involved in providing you with this response. If you were to
remain dissatisfied after an internal review, you would have a right of complaint to the Information
Commissioner as established by section 50 of the FOIA.
Yours sincerely
A FEHELEY
HO COMMERCIAL E xxxxxxxxxxx@xxxxxxxxxx.xxx.xxx.xx
Annex A
-----Original Message-----
From: Haider Ali
[mailto:xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx] Sent: 03 January 2019 11:31
To: FOI Requests
Subject: 51756 - Freedom of Information request - Partnership with Sopra Steria UKVCAS
Dear Home Office,
The Home Office entered into partnership with Sopra Steria UKVCAS to provide services instead
of previous Premium Services. They take the bio-metrics and also scan the documents for the Home
Office. Is it possible to show us the contract between the Home Office and Sopra Steria on this
forum? I need to read that what are the arrangements between this company and the Home Office as
these companies deliberately reduce the free appointments and want the public to pay extra for an
appointment, whereas the customer would have already paid a huge amount in Home Office
application fee and legal costs to a legal adviser.
Yours faithfully,
Haider Ali
Annex B
FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule
30 - Data Processing F
2 I
9 N
- AL
G .ep
nd
e fral Data Pro2te
8 c
- ti
Po
a n
y R
m e
e g
ntu
s la
o ti
n on
Te F
r2 I
m7N
i -A
na
I Lt
n.ip
o
f d
n
or f F
min
at a
i l
o.p
n d
T fech2n
6 o
-lo
C g
o y F
mpIN
la A
i L
n .tp
s d
Hfand
2 li
5 n
- g F
Di I
s N
p A
u L
t .
e pd
R f
esolution Procedure FINAL.pdf
FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule
24 - Staff Transfer FIN
2 A
3 L
-.p
S d
t f
andards FINAL.2p
1 d
-f BCDR FINAL.pdf20 - Authority Respon
1 s
9 ib
- i
Flitnie
a s
n F
ci IN
al AL
Di .p
st d
r f
ess
1 F
7 I
-N
I A
n L
s .uprd
a f
nce Requirements FINAL.pdf
FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule FES (UK) Schedule
16 - Sustainability FIN
1 A
5 L
-.p
F d
R faAR FINAL.pdf14 - Management Info
1 r
3 m
- a
F taio
cilnit a
iensd
F R
I e
N p
A o
L. r
p1ti
d2n
f -g F
N I
o N
ti A
fi L
e .p
d d
K fey Sub-
1 c
1 o
-nt
R reapcrto
esrs
e -
n F
ta ItN
iv A
e L
s .p
a d
n f
d Key Personnel FINAL.pdf
FES (UK) Schedule FES (UK) Schedule 9 FES (UK) Schedule 8 FES (UK) Schedule 7 FES (UK) Schedule 6 FES (UK) Schedule 5
10 - Change Control P
- r
E o
xicted
M u
a rneas F
geIN
m A
e L
n .tpd
FI- fNA
G L
o .vp
e d
r f
nance and Co-nt
P r
e a
rfct
o M
rmana
c g
e e
L m
e e
v n
el t
s- F
( PI
K N
PriI A
)ci L
Fn .ip
n
g d
al
P f.apydf
ment and
- I
I n
m v
po
l i
e ci
mn
e g
n F
taIN
ti A
o L
n .p
( d
M f
obilisation) FINAL.pdf
FES (UK) Schedule 4 FES (UK) Schedule 2 FES (UK) Contract
- Security FINAL.pdf - Statement of Requir
T em
r e
msnt
a sn F
d IN
C A
o L
n .p
did
tifons FINAL.pdf
Note: files will be sent with the response as a compressed (zip) file.
Annex C
Freedom of Information request from Haider Ali (reference 51756)
Information requested
Information about the contract between the Home Office and Sopra Steria to provide services
instead of previous Premium Services.
Response
The information is exempt from disclosure under section S43.2 commercial interests of the FOI
Act. Section 43.2 provides that information can be withheld where Information is exempt
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), and the public interest falls in
favour of maintaining the exemptions.
Public interest test in relation to section 43.2 commercial interests
Some of the exemptions in the FOIA, referred to as ‘qualified’ exemptions, are subject to a public
interest test (PIT). This test is used to balance the public interest in disclosure against the public
interest in maintaining the exemption. We must carry out a PIT where we are considering using
any of the qualified exemptions in response to a request for information.
The ‘public interest’ is not necessarily the same as what interests the public. In carrying out a PIT
we consider the greater good or benefit to the community as a whole if the information is released
or not. Transparency and the ‘right to know’ must be balanced against the need to enable effective
government and to serve the best interests of the public.
The FOIA is ‘applicant blind’. This means that we cannot, and do not, ask about the motives of
anyone who asks for information. In providing a response to one person, we are expressing a
willingness to provide the same response to anyone.
Section 43(2) is engaged when the release of information would, or would be likely to, prejudice
the commercial interests of any person (including the public authority holding it). In this instance
where the information released, this review confirms it would prejudice both the Home Office’s
commercial interests and the supplier.
If the information were released it would allow competing companies to be aware of the operating
costs and requirements placed on the supplier, they would then be able to gain access to
information which could be used to undercut our supplier when the contract comes up for Tender
again, thus harming their commercial interests.
The Home Office’s commercial interests would then be harmed. If suppliers become aware that the
Home Office is sharing commercially sensitive information, then suppliers would be less likely
willing to engage and contract with the Home Office. In turn, this would have the knock-on effect of
reducing competition for the provision of contracts consequently driving up the Home Office’s
operating costs and not providing good value for money for the Home Office and the taxpayer.
Considerations in favour of disclosing the information
There is a public interest in disclosure to the extent that this would help ensure that there is full
transparency in the Home Office’s use of public funds and in particular to maintain the department’s
accountability to taxpayers. Disclosure of this information would also enable the public to assess
whether or not the Home office is getting best value for money in terms of its contracts with private
providers and partner agencies. Disclosure of the process followed would also lead to greater
accountability and reassuring the public that the tendering process was fairly run.
Considerations in favour maintaining the exemption
There is a public interest in Government departments and agencies being able to secure contracts
that represent value for money and anything that would undermine this is not in the public interest.
Value for money can best be obtained where there is a healthy competitive environment, coupled
with the protection of the Government’s commercial relationship with industry.
Release of the withheld information would provide competitors with information, not available to them
by any other means, about current service providers. This would create an unfair advantage resulting
in a prejudice to the commercial interests of the company concerned. Disclosure would also
prejudice the Home Office’s commercial interests by damaging commercial relationships with
contractors and service providers. This risks:
• Companies would be discouraged from dealing with the public sector, fearing disclosure of
information that may damage them commercially; or
• Companies would withhold information where possible, making the choice of the best contractor
more uncertain as it would be based on limited censored data.
Conclusion
We conclude that the balance of the public interest lies in maintaining the exemption and
withholding the information.
