Dear Arts Council of England,

I would like to see the online applications and supporting documentation that organisations submitted when applying for national portfolio organisation status for 2015-2018. I am specifically interested in the applications submitted by Chrysalis Arts, Eden Arts, Devon Guild of Craftsmen and Cornwall Arts Trust Truro. I would be grateful if you could send these applications to me.
Thank you

Yours faithfully,

J Woodcock

FOI, Arts Council England

Dear J Woodcock,

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

I can confirm that this request will 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 from the day after we received your email. Consequently you will hear from us no later than 10 September 2014.

If you would like to know more about how we will deal with your request for information, you can find information on our website 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 http://www.ico.gov.uk.

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

Kind regards,
Anne-Marie

Anne-Marie Farrell
Officer, Information (Records Management)
Governance & Planning
Arts Council England, National Office
Direct line +44 (0) 161 934 4373
[email address]

show quoted sections

FOI, Arts Council England

1 Attachment

Dear Mr Woodcock,

 

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. 

 

You requested:

“… to see the online applications and supporting documentation that
organisations submitted when applying for national portfolio organisation
status for 2015-2018. I am specifically interested in the applications
submitted by Chrysalis Arts, Eden Arts, Devon Guild of Craftsmen and
Cornwall Arts Trust Truro”

 

Our Response:

Please find attached the documents as requested (due to the size of the
documents they are attached to this email and to 3 subsequent emails). 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 application forms are attached and have minimal redaction; I can
confirm that all instances whereby information has been withheld from
these (4) documents (redacted information in application form/s only) are
due to this information (‘personal data’) relating to another individual.
Section 40(2) of the Freedom of Information Act provides an exemption from
disclosing information where it is personal data and where releasing that
information would breach the Data Protection Act 1998. As I am sure you
can appreciate the Arts Council has a responsibility to hold the personal
data of other individuals securely and in compliance with the principles
of the Data Protection Act. By providing this information to you we
believe we would contravene the first data protection principle of fair
and lawful processing.

 

The following documents have been withheld from each of the sets of
supporting documentation for the 4 organisations in question and are
therefore not provided:

·         ‘Outline_budgets_2015_-_2018’

·         ‘Planned_budget_2014-2015’

 

We are withholding these 8 documents as they contain detailed financial
information on projected and planned budgets for the organisations.  We
consider that to release this detailed financial planning information
would or would likely damage the commercial interests of the organisations
in question, we are therefore relying on section 43 (2) of the Freedom of
Information Act (FOIA) to withhold these (please see below for further
information on this).  These documents were also provided in confidence
(so we are also relying upon Section 41 – provided in confidence) with
the presumed confidence being that they provide detailed business
sensitive organisations’ information that we utilised for the purposes of
assessing application/s.  For this information to be released to the world
at large at this point, we believe it would or would likely be damaging
(as per our Section 43 arguments below) to the organisations.

 

Section 41 – provided in confidence.

Section 41(1) provides that information is exempt information if (a) it
was obtained by the public authority from a third party and (b) the
disclosure of the information to the public by the public authority
holding it would constitute an actionable breach of confidence.   This
provision also includes an exemption from the duty to either confirm or
deny whether such information even exists.  We consider that where
organisations provide commercially sensitive information to us for the
purposes of their applications and that this was done with the reasonable
and implied expectation that these details will be held in confidence by
us (at least until their sensitivity was no longer a factor).

 

Section 43(2) of the Freedom of Information Act – 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 documents have been removed as we consider that there release to the
world at large would, or would be likely to prejudice the commercial
interests of the organisations in question.   By disclosing detailed
financial information on planned and projected financial figures for the
current financial year and the years ahead, we believe would or would
likely be damaging to their commercial interests since it would reveal
their financial models and intentions.  This could clearly affect their
commercial viability as this is business (and time) sensitive information
and still live in that the financial years the information elates to have
not passed.

 

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

o It is acknowledged that disclosing the information requested would
enhance transparency and accountability.
o As a publicly funded organisation, the public has a legitimate
interest in the Arts Council’s activities.
o 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

o Disclosure of the information requested would be likely to
disproportionately prejudice the commercial interests of organisations
who apply for funding, as well as the Arts Council’s own commercial
interests.

o It is not in the public interest for the commercial viability of
applicants to be jeopardised unnecessarily. 
o 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.

 

All other documents are supplied un-redacted. 

 

I hope the information being provided is helpful to you.  I am sorry that
we have not been able to provide you with all the information that you
have requested, but where we are withholding information I hope we have
explained our position clearly to you.  If you do have any further queries
please do not hesitate to contact me.

 

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, 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, 14 Great Peter Street, London, SW1P 3NQ 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.

 

 

 

Regards

 

Tom Matthews

 

 

Thomas Matthews

Senior Officer, Information

Arts Council England

The Hive

49 Lever Street

Manchester

M1 1FN

Email: [2][email address]

Direct line: +44 (0)161 934 4319

[3]www.artscouncil.org.uk

show quoted sections

FOI, Arts Council England

1 Attachment

  • Attachment

    Cornwall Arts 3 docs.zip

    7.8M Download

Dear Mr Woodcock,

 

 

Email 2/4 with further attachments

 

 

Regards

 

Tom

 

 

 

Thomas Matthews

Senior Officer, Information

Arts Council England

The Hive

49 Lever Street

Manchester

M1 1FN

Email: [1][email address]

Direct line: +44 (0)161 934 4319

[mobile number]

[2]www.artscouncil.org.uk

 

show quoted sections

FOI, Arts Council England

1 Attachment

Dear Mr Woodcock,

 

 

Email 3/4 with further attachments

 

 

 

Regards

 

Tom

 

 

 

Thomas Matthews

Senior Officer, Information

Arts Council England

The Hive

49 Lever Street

Manchester

M1 1FN

Email: [1][email address]

Direct line: +44 (0)161 934 4319

[mobile number]

[2]www.artscouncil.org.uk

 

show quoted sections

FOI, Arts Council England

1 Attachment

Dear Mr Woodcock,

 

Email 4/4 with the final attachments

 

 

 

Kind Regards

 

Tom

 

 

 

 

Thomas Matthews

Senior Officer, Information

Arts Council England

The Hive

49 Lever Street

Manchester

M1 1FN

Email: [1][email address]

Direct line: +44 (0)161 934 4319

[mobile number]

[2]www.artscouncil.org.uk

 

show quoted sections

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org