Request for information on provision of services

A.G Emmanuel made this Freedom of Information request to Canterbury City Council

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The request was partially successful.

Dear Canterbury City Council,
I’d like to request some information in regards to the following services.
Listed Services:
a) Laundry equipment supply, maintenance and install.
b) Fire equipment supply, maintenance and install and provision of Fire Risk Assessments / consultancy.
c) HVAC equipment supply, maintenance and install.

1)Please confirm your annual spend for the listed services showing a breakdown of contract value and any additional ad-hoc spend for the previous 3 years.

2) Please confirm where services have been won through a tender or bid process or awarded via framework.
i) Please confirm the incumbent supplier and expected retender date.
ii) Please confirm the portal or tender forum you advertise/promote such works through.

3) Please confirm the name and contact details of the person responsible for procurement of the above services.

Yours faithfully,

A.G Emmanuel

CCC FOI, Canterbury City Council

Thank you for submitting a Freedom of Information request.  Your email has
been forwarded to the Freedom of Information and Data
Protection Coordinator. 
We endeavour to respond to all Freedom of Information requests within 20
working days but if we think the request requires extra time we will
contact you to let you know.
Kind regards
Freedom of Information Team
Canterbury City Council

CCC FOI, Canterbury City Council

Thank you for your freedom of information request.

Please see below for our response.

 

If you are unhappy with the way your enquiry has been dealt with, you may
ask for an internal review by e-mailing [1][email address] or by
following the procedure set out on the council’s website.  If you wish us
to reconsider our decision please provide us with any additional
information that may help your case.  Without new information we may not
have a reason to reach a different conclusion.

If you are still dissatisfied after an internal review, you may appeal to
the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9
5AF.

Kind regards,

Emma

Information Governance Team

Corporate Governance

Canterbury City Council

Tel: 01227 862325

[2]www.canterbury.gov.uk

Reference: 10534

Title: Provision of services

Date of reply: 13 April 2021

Request:

I’d like to request some information in regards to the following services.

Listed Services:

a) Laundry equipment supply, maintenance and install. 

No contract in place and as such there is no annual spend for laundry
related contracts.

b) Fire equipment supply, maintenance and install and provision of Fire
Risk Assessments / consultancy. - 

Information concerning council contracts is available via the Kent Busines
Portal which can be found here; [3]www.kentbusinessportal.gov.uk. For
housing the relevant contracts are PJC Electrical and Allied Protection
now called Sureserve,  and DDS International Ltd which do the FRA
assessments. An exemption at section 21 of the Freedom of Information Act
2000 therefore applies to this information.

c) HVAC equipment supply, maintenance and install.  

As above, this is available via the Kent Business Portal. For housing
(domestic heating) this was P&R in prior years and more recently Gas Call
Services. As above, an exemption at section 21 of the Freedom of
Information Act 2000 therefore applies to this information.

1)Please confirm your annual spend for the listed services showing a
breakdown of contract value and any additional ad-hoc spend for the
previous 3 years.
In respect of spends, this information is routinely published via the
[4]transparency pages of the council website. If you search the data for
all spends / spends over £500 on the Council website you will be able to
download an excel spreadsheet which shows spends for a given period. In
order to find the relevant spends you would need to filter by supplier to
find the relevant information. An exemption at section 21 of the Freedom
of Information Act 2000 therefore applies to this information.

2) Please confirm where services have been won through a tender or bid
process or awarded via framework. 

As above, this information is available via the Kent Business Portal.

i) Please confirm the incumbent supplier and expected retender date.  

As above, this information is available via the Kent Business Portal.

ii) Please confirm the portal or tender forum you advertise/promote such
works through.  

As above, this information is available via the Kent Business Portal.

3) Please confirm the name and contact details of the person responsible
for procurement of the above services. 

You have requested the names and contact information of officers
responsible for certain contracts or elements of the local authority’s
interests.

This constitutes the personal data of those officers.   As such we have
considered the application of FOI s40(2) and find that we cannot disclose
that information to you under the FOI scheme.

To process this personal data, by means of disclosure, we must have a
lawful basis for doing so.  The appropriate lawful basis is GDPR A5(1)(f)
“legitimate interests”.  This lawful basis is not normally available to
public bodies going about their functions, but is made available for this
purpose by FOI s40(8).   Therefore we have to consider the legitimate
interest of the processing.

The Information Commissioner’s Office suggest this can be broken down into
a three-part test:

 1. Purpose test: are you pursuing a legitimate interest?

 2. Necessity test: is the processing necessary for that purpose?

 3. Balancing test: do the individual’s interests override the legitimate
interest?

I accept that you are pursuing a legitimate interest (the first test),
that is to say the intent of your question is not vexatious and nor is it
trivial.

However I do not believe that disclosure under the FOI scheme would
satisfy the second or third tests for the following reasons:

* This information would be available in response to a standard enquiry
as opposed to an FOI request, therefore it is not necessary to process
this information in response to an FOI.

* Disclosure under the FOI scheme is considered to be to the world at
large, disclosure under a standard enquiry is to the enquirer only.

* Disclosure to the world at large has significantly more impact on the
individuals concerned.  It could result in unwanted and unnecessary
contact from others, this could impact on our officers ability to
concentrate on their functions.

* If such disclosure was made this could result in unsolicited direct
mail which our officers would have rights to object to.  This is the
same as in the private sector.  However the private sector is not
subject to the FOI regime, and therefore availability of this
information is controlled solely by those officers' employers, the FOI
scheme is not intended to create an imbalance between private and
public sector by making officers' information more readily available
to be used for such purposes.

* The test of “necessity” is justified based on a pressing social need
and disclosure of personal data is proportionate to the aims of the
enquirer.  I cannot see any pressing social need in relation to this
enquiry.   The ICO advises that disclosure under the FOI scheme based
on purely private interests is unlikely to equate to a pressing social
need.

In accordance with the duty to assist under the FOI scheme, please note in
accordance with our duty under the Local Authority Transparency Code 2015
that information relating to our senior officers is published on our
[5]website, this includes their roles and responsibilities.

References

Visible links
1. mailto:[email address]
2. http://www.canterbury.gov.uk/
3. http://www.kentbusinessportal.gov.uk/
4. https://www.canterbury.gov.uk/info/20031...
5. https://www.canterbury.gov.uk/info/20032...