Freedom of Information Act 2000 - Request Reference FoI/18/546
Support Living Costs
Request details
How much you currently pay per hour to providers of supported living service
providers? The details I am requesting is for relates to Adults with learning
disabilities Adults with mental health needs Adults with physical disabilities Adults
with complex health needs Adults with Challenging behaviour?
Response details
After considering your request, Cardiff and Vale University Health Board (the UHB) considers this
information to be exempt from disclosure under the Freedom of Information Act 2000 (Section 43)
Commercial Interests. This section of the Act sets out an exemption from the right to know if:
the information requested is a trade secret, or
release of the information is likely to prejudice the commercial interests of any
person. (A person may be an individual, a company, the public authority itself or any
other legal entity).
This exemption was considered by the UHB when deciding whether to disclose information because
it considered that in doing so there could be a significant risk in prejudicing the commercial interests
of the company in question. As this is a qualified exemption, the UHB is required to complete a
public interest test in deciding whether it is in the public’s interest to withhold or disclose the
information.
In favour of disclosure: There is a public interest in transparency and in the accountability of
spending of public funds. Furthermore, it is in the public’s interest that public funds be used
effectively and that public sector bodies obtain the best value for money when contracting for the
provision of services.
Against disclosure: There is a risk of disclosure prejudicing the commercial interests of the UHB by
affecting its bargaining position with agencies. This in turn could lead to less effective use of public
funds in future. It has been established above that releasing the information under the Freedom of
Information Act, to which the UHB is subject, will give an unfair advantage to the supplier’s
competitors. The UHB believes that there is wider established public interest in companies not being
prejudiced merely because they have contracted with a public sector body (as upheld in ICO decision
notice FS50473543 ICO v Royal Marsden Hospital Trust).
Decision: The UHB considers that the public interest in withholding the information is greater than
the interests in disclosing it and thereby giving unfair commercial advantage to competitors of the
supplier to which this information concerns. The UHB believes that disclosure of information in a
manner which fails to protect the interests and relationships arising in a commercial context could
have the effect of discouraging companies from dealing with the Health Board because of fears that
the disclosure of information could damage them commercially. In turn this could then jeopardise
he Health Board’s ability to compete fairly and pursue its function to bring forward development in
the area and obtain value for money. It was therefore decided that it was not in the public’s interest
to disclose this information.
