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Technology Provider Selection for Public-Facing Website, Coaching Portal, Online Booking Website, and Mobile App

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Subject: Freedom of Information Request - Technology Provider Selection for Public-Facing Website, Coaching Portal, Online Booking Website, and Mobile App

Dear Edinburgh Leisure,

I trust this message finds you well. Pursuant to the Freedom of Information (Scotland) Act 2002, I am submitting a request for information pertaining to the decision-making process regarding the selection of the technology provider(s) responsible for the development and management of Edinburgh Leisure's public-facing website, Coaching Portal, Online Booking website, and mobile app.

To facilitate the request efficiently, I would appreciate your assistance in providing the following information:

Request for Proposals (RFP): Copies of the Request for Proposals or equivalent documents issued by Edinburgh Leisure for the selection of a technology provider for the public-facing website, Coaching Portal, Online Booking website, and mobile app.

Tender Submissions: A summary list of the companies or individuals who submitted tenders in response to the RFP, without requiring the provision of copies of the full tenders at this stage.

Evaluation Criteria: A concise overview of the evaluation criteria and processes employed by Edinburgh Leisure in the assessment of the tenders received.

Decision-Making Documentation: Documents summarizing the decision-making process leading to the selection of the technology provider(s) for the specified platforms, including high-level minutes or decision summaries. This should encompass internal correspondence related to the decision-making process and any correspondence with eventual suppliers.

Contractual Agreements: Details of the contractual agreements or arrangements between Edinburgh Leisure and the selected technology provider(s).

Additional Relevant Information: Any supplementary information related to the technology provider selection process that may contribute to understanding the decision-making rationale.

In accordance with the Freedom of Information legislation, I understand that there may be costs associated with fulfilling this request. To ensure the most efficient use of resources, please inform me of any potential fees or, if necessary, assist in narrowing down the scope of the request within reasonable limits.

For transparency and accessibility, I request that responses be provided electronically. If feasible, kindly process this request via the WhatDoTheyKnow platform.

I appreciate your attention to this matter and look forward to receiving the requested information within the statutory timeframe.

Yours sincerely,

Yours faithfully,

Kevin P Donovan

FOI, Edinburgh Leisure

Date:                   08.01.24

 

Our ref:               ELIR00393

 

Dear Kevin P Donovan

 

Freedom of Information (Scotland) Act 2002 - Acknowledgement of Request

 

Subject: Technology Provider Selection for Public-Facing Website, Coaching
Portal, Online Booking Website, and Mobile App

 

Thank you for your request for information on 07.01.24 which was received
on 07.01.24. In your request, you asked for:

 

Subject: Freedom of Information Request - Technology Provider Selection
for Public-Facing Website, Coaching Portal, Online Booking Website, and
Mobile App

 

Dear Edinburgh Leisure,

 

I trust this message finds you well. Pursuant to the Freedom of
Information (Scotland) Act 2002, I am submitting a request for information
pertaining to the decision-making process regarding the selection of the
technology provider(s) responsible for the development and management of
Edinburgh Leisure's public-facing website, Coaching Portal, Online Booking
website, and mobile app.

 

To facilitate the request efficiently, I would appreciate your assistance
in providing the following information:

 

Request for Proposals (RFP): Copies of the Request for Proposals or
equivalent documents issued by Edinburgh Leisure for the selection of a
technology provider for the public-facing website, Coaching Portal, Online
Booking website, and mobile app.

 

Tender Submissions: A summary list of the companies or individuals who
submitted tenders in response to the RFP, without requiring the provision
of copies of the full tenders at this stage.

 

Evaluation Criteria: A concise overview of the evaluation criteria and
processes employed by Edinburgh Leisure in the assessment of the tenders
received.

 

Decision-Making Documentation: Documents summarizing the decision-making
process leading to the selection of the technology provider(s) for the
specified platforms, including high-level minutes or decision summaries.
This should encompass internal correspondence related to the
decision-making process and any correspondence with eventual suppliers.

 

Contractual Agreements: Details of the contractual agreements or
arrangements between Edinburgh Leisure and the selected technology
provider(s).

 

Additional Relevant Information: Any supplementary information related to
the technology provider selection process that may contribute to
understanding the decision-making rationale.

 

In accordance with the Freedom of Information legislation, I understand
that there may be costs associated with fulfilling this request. To ensure
the most efficient use of resources, please inform me of any potential
fees or, if necessary, assist in narrowing down the scope of the request
within reasonable limits.

 

For transparency and accessibility, I request that responses be provided
electronically. If feasible, kindly process this request via the
WhatDoTheyKnow platform.

 

I appreciate your attention to this matter and look forward to receiving
the requested information within the statutory timeframe.

 

Your request is being processed under the Freedom of Information
(Scotland) Act 2002.

 

You will receive the information requested within 20 working days unless
Edinburgh Leisure does not hold the information, or there is a reason for
it to be withheld. We will write to you in any event.

 

In some circumstances, a fee may be payable and if that is the case we
will let you know.

 

If you have any requirements regarding the format any information should
be supplied in, e.g., the language to be used, audio, large print and so
on, then please let me know.

 

If you have any queries or concerns, do not hesitate to get in touch.
Please quote the reference number above in any future communications.

 

To promote transparency and accountability, please note it is Edinburgh
Leisure’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through Edinburgh Leisure’s website and will not include your
personal details. The disclosure log is available here.

 

Further information about your rights and accessing information is
available on our website in the Freedom of Information Section.

 

Click here to access.

 

Yours sincerely,

Jean Duncan

Information Compliance Section

 

 

 

 

 

Jean Duncan

Information Compliance

 

Email: [email address] | Web: www.edinburghleisure.co.uk

Tel: 0131 458 2100 | Mob:

 

Edinburgh Leisure

Head Office, Meadowbank Sports Centre

Edinburgh

EH7 6AE

 

The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error please contact the sender and
destroy any copies of this information.

 

 

 

 

 

show quoted sections

FOI, Edinburgh Leisure

9 Attachments

Your Ref:         [1][FOI #1066941 email]

Date:           24.01.24      

Our ref:        ELIR00393

 

Freedom of Information (Scotland) Act 2002 – Partial Release of
Information

Subject: Technology Provider Selection for Public-Facing Website, Coaching
Portal, Online Booking Website, and Mobile App

Thank you for your request for information of 07.01.24, which has been
processed under the terms of the Freedom of Information (Scotland) Act
2002. Unfortunately, Edinburgh Leisure is only able to meet part of your
request; this information is released to you now.

Please see the tables below for our responses to each question. I have
attached the documents specified in each question response as a Zip file
with this email.

If you do have difficulty in accessing the information or if you have any
queries about this response, please contact me quoting the reference
number above.

To promote transparency and accountability, please note it is Edinburgh
Leisure’s Policy to publish all request details and responses made under
freedom of information legislation. This information will be made
available through Edinburgh Leisure’s website and will not include your
personal details. The disclosure log is available [2]here.

Question 1: Request for Proposals (RFP)

 

Request for Proposals (RFP): Copies of the Request for Proposals or
equivalent documents issued by Edinburgh Leisure for the selection of a
technology provider for the public-facing website, Coaching Portal, Online
Booking website, and mobile app.

Website

┌───────────────────────────────────┬────────────────────────────────────┐
│Application – Website │Current Provider - Image │
├───────────────────────────────────┴────────────────────────────────────┤
│Date: 2023 │
│ │
│Currently going out to tender for new website. Tender process started │
│December 2023. Tender includes Online Booking for Aquadash & Clip n │
│Climb products. │
│ │
│Information Released │
│ │
│ 1. EL23087NP Final v2 - Website Tender doc (RFP) for 2023 enclosed. │
│ 2. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement │
│ process & section 9 (ix) for information on contract extensions. │
│ │
│3.    Procurement Strategy 2021 approved 13-12.21 1 │
├────────────────────────────────────────────────────────────────────────┤
│Date: 2015 │
│ │
│Tender process for current website provider 2015 │
│ │
│Information Partial Release │
│ │
│Application of Exemptions │
│ │
│Section 38 (1) (b) Personal Data │
│ │
│The information that you asked for regarding the tender process 2015│
│will not be fully released. Under the terms of the Act, a request for│
│information can be refused where one or more exemptions listed in the│
│legislation apply. │
│ │
│In this instance, Edinburgh Leisure is applying the following exemption│
│to the supplied information (tender request letter) that you have│
│requested: S38 (1) (b) Personal Information (third parties). │
│ │
│We have provided the documents outlined below in our response which│
│provides the information requested however we have redacted the names of│
│all Edinburgh Leisure staff and third parties from the documents│
│enclosed. The redacted names are of Edinburgh Leisure and third-party│
│personal who have not consented to the release of their personal data. │
│ │
│Please note that this response constitutes a formal refusal notice under│
│section 16 of the Freedom of Information (Scotland) Act 2002. │
│ │
│Please see Appendix 4 for information on the Personal Information│
│Exemption. │
│ │
│  │
│ │
│Documents Enclosed │
│ │
│ 1. ITT Document -  CN000072 Web Development 1 April 2015_Redacted -│
│ Tender request letter │
│ │
│  │
└────────────────────────────────────────────────────────────────────────┘

 

Coaching Portal

┌─────────────────────────────────────┬──────────────────────────────────┐
│Application - Coaching Portal │Current Provider - Gladstone │
│ │GoLearn │
├─────────────────────────────────────┴──────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├────────────────────────────────────────────────────────────────────────┤
│Date: 2014 Pilot, 2015 Rollout, 2022 contract renewed with provider │
├────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the copies of the Request│
│for Proposals or equivalent documents issued by Edinburgh Leisure for│
│the selection of a technology provider for the Coaching Portal which you│
│requested as there are no requests to submit tenders for this technology│
│therefore, we are unable to provide you with the information requested. │
│ │
│Additional Information │
│ │
│Our coaching portal GoLearn (formally Learn 2) was provided by Gladstone│
│Software as a bolt on to the existing contract in 2014/15. │
│ │
│Edinburgh Leisure evaluated alternatives to improve its method of giving│
│coaching feedback and managing our coaching programme and piloted Learn │
│2 (now GoLearn) in one venue – Warrender Swim Centre in 2014. │
│ │
│We did not tender for this software as Gladstone provided it as a bolt │
│on to the contract. │
│ │
│Following the pilot, we planned a 4 phase roll-out to all venues from │
│August 2016 to April 2017 │
│ │
│4.1      The contract with our current point of sale provider (Gladstone│
│Software) was renewed in 2022. We did not carry out a tender process for│
│this. We renewed the contract with the current providers due to a need│
│to be on a hosted ‘Software as a Service’ (SAAS) agreement. │
│ │
│4.2       │
│ │
│Please note that this constitutes a formal refusal notice under section│
│17 of the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
│ │
│See *Question 1 Notes - Further Information on Gladstone and Learn 2 │
│below for further information. │
│ │
│  │
├────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│ 1. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement │
│ process & section 9 (ix) for information on contract extensions. │
│ │
│ 2. Procurement Strategy 2021 approved 13-12.21 1 │
│ │
│Application of Exemptions │
│ │
│Section 38 (1) (b) Personal Data │
│ │
│The information that you asked for regarding the tender process will not│
│be fully released. Under the terms of the Act, a request for information│
│can be refused where one or more exemptions listed in the legislation│
│apply. │
│ │
│In this instance, Edinburgh Leisure is applying the following exemption│
│to the supplied information that you have requested: S38 (1) (b)│
│Personal Information (third parties). │
│ │
│We have provided the documents outlined below in our response which│
│provides information on the planning of the Learn 2 project (this is not│
│a tender document as we did not go out to tender for this bolt on│
│software, it shows the planning for the project) however we have│
│redacted the names of all Edinburgh Leisure staff and third parties from│
│the documents enclosed. The redacted names are of Edinburgh Leisure and│
│third-party personal who have not consented to the release of their│
│personal data. │
│ │
│Please note that this response constitutes a formal refusal notice under│
│section 16 of the Freedom of Information (Scotland) Act 2002. │
│ │
│Please see Appendix 4 for information on the Personal Information│
│Exemption. │
│ │
│  │
│ │
│Documents Enclosed: │
│ │
│ 3. Learn2 Report (2) Final_Redacted – report providing background and│
│ recommendations on the Learn 2 project │
│ 4. PID Learn2 Pilot 2014_Redacted - Initial Project Initiation document│
│ for the pilot project in 2014 │
│ 5. PID Learn2 Roll Out – Jan 2015_Redacted - Project Initiation │
│ document for the roll out project in 2015 │
│ │
│  │
└────────────────────────────────────────────────────────────────────────┘

 

Online Booking Website

┌────────────────────────────────────────┬───────────────────────────────┐
│Application - Online Booking website │Current Provider - Gladstone │
│ │Connect │
├────────────────────────────────────────┴───────────────────────────────┤
│Date: 2022 │
│ │
│Contract renewed with existing provider in 2022. │
│ │
│We do not have an RFP for Coaching Portal, Online Booking System, Mobile│
│App. │
│ │
│Please see *Question 1 Notes below │
├────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the copies of the Request│
│for Proposals or equivalent documents issued by Edinburgh Leisure for │
│the selection of a technology provider for the Online Booking website │
│which you requested as there are no recent requests to submit tenders │
│for this technology therefore, we are unable to provide you with the │
│information requested. │
│ │
│We did not tender for this software as Gladstone provided it as a bolt │
│on to the existing contract. │
│ │
│Please note that this letter constitutes a formal refusal notice under│
│section 17 of the Freedom of Information (Scotland) Act 2002. │
│ │
│Please see *Question 1 Notes below which provides information on the │
│Learn2 project. │
├────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement │
│process in Section 8 & 9 including information on contract extensions. │
│ │
│Documents Enclosed: │
│ │
│ 1. Procurement Strategy 2021 approved 13-12.21 1 │
│ 2. Standing Orders 2022 │
│ │
│-     Please see section 8 for general information on our procurement │
│process & section 9 (ix) for information on contract extensions. │
└────────────────────────────────────────────────────────────────────────┘

 

Mobile App

┌─────────────────────────────────┬────────────────────────────────────────────┐
│Application - Mobile app │Current Provider – Gladstone Software │
│ │Supplier, Innovatise developer │
├─────────────────────────────────┴────────────────────────────────────────────┤
│Date: 2022 │
│ │
│Contract renewed with existing provider Gladstone Software in 2022. │
│ │
│We do not have an RFP for Coaching Portal, Online Booking System, Mobile App. │
│ │
│See *Question 1 Notes - Further Information on Gladstone and Learn 2 below │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the copies of the Request for │
│Proposals or equivalent documents issued by Edinburgh Leisure for the │
│selection of a technology provider for the mobile app which you requested as │
│there are no requests to submit tenders for this technology therefore, we are │
│unable to provide you with the information requested. │
│ │
│We did not tender for this software as Gladstone provided it as a bolt on to │
│the contract. │
│ │
│Gladstone are the suppliers of this software as it integrates directly into │
│their software. Innovatise are the developers. │
│ │
│Please note that this letter constitutes a formal refusal notice under section│
│17 of the Freedom of Information (Scotland) Act 2002. │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement process │
│in Section 8 & 9. │
│ │
│Documents Enclosed: │
│ │
│ 1. Procurement Strategy 2021 approved 13-12.21 1 │
│ 2. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement process & │
│ section 9 (ix) for information on contract extensions. │
└──────────────────────────────────────────────────────────────────────────────┘

*Question 1 Notes

 

┌──────────────────────────────────────────────────────────────────────────────┐
│*Notes – Further Information on Gladstone and Learn 2 │
├──────────────────────────────────────────────────────────────────────────────┤
│Gladstone Software │
│ │
│Edinburgh Leisure’s point of sale system is our main customer database and is│
│currently supplied by Gladstone Software. There are very few leisure specific│
│Point of Sale providers available.  Gladstone Software is generally recognised│
│as the market leader.  EL have worked closely with Gladstone for several years│
│to help direct the development of the software.  It currently meets our needs,│
│and we are actively engaged with Gladstone in influencing future development│
│and enhancements.  Gladstone are continually developing bolt ons to their│
│software providing new developments / technology e.g. coaching management│
│GoLearn. We have considered the other main suppliers in the past, however,│
│other systems come with their own challenges. │
│ │
│Our Point-of-Sale system provides all our booking, payment and customer│
│information.  Like our other systems (Tech1, People XD) Gladstone Software│
│have moved to a SAAS model where they are responsible for hosting our database│
│with new versions of their software being solely developed to work in this│
│SAAS environment. │
│ │
│We previously operated on a on-premise server basis.  To gain access to the │
│latest system enhancements, and future upgrades, we needed to be on a hosted │
│Software as a Service (SAAS) agreement. │
│ │
│We renewed our contract with Gladstone in 2022 due to the required move to │
│SAAS. We did not complete a tender process at this time (for the move to │
│SAAS), as per Standing Orders section 9 (ix) we extended the contract due to │
│the reasons below. │
│ │
│This decision was based on; │
│ │
│ • Future development plans - plans of the suppliers over the next 5 years │
│ relating to the development of their CRM, Online Joining & Online Booking │
│ system. │
│ • Features & functionality of the current applications versus those │
│ available by other potential suppliers.  Please Note - the current system │
│ integrates into many other systems that are not customer facing. │
│ • Cost & Time - based on price to retrain 600+ staff on any new systems, │
│ having to upgrade/replace investments (self-service access system/gates │
│ for example) which are all integrated into the current system. │
│ • Impact - on customers on moving to any new systems, on having to │
│ upgrade/change other integrated systems. │
│ • Satisfied with quality of service – we are satisfied with the quality of │
│ service received from Gladstone Software and the integration with our │
│ other applications and are comfortable that best value is being achieved. │
│ │
│You can find out more about Gladstone by visiting their website: │
│ │
│[3]Gladstone Software │
│ │
│  │
├──────────────────────────────────────────────────────────────────────────────┤
│Online Coaching Portal - GoLearn (previously Learn2) │
│ │
│In February 2012, it was identified from a coached activities survey that│
│themes were emerging where parents were looking for feedback on their child’s│
│performance and progress during participation in our coaching programmes (this│
│remains a reoccurring theme two years later). In addition to this feedback,│
│staff and service providers have fed back that changing rooms and poolside│
│areas are congested pre and post lesson times, and that they found it│
│extremely difficult to be able to give parents any type of qualitative│
│feedback on their children’s progress, confirming that neither the environment│
│nor the timing for feedback was suitable. │
│ │
│Through a meeting, it was suggested that Gladstone had a bolt on function that│
│would allow customers to receive feedback on their child’s performance in a│
│coached activity. Members of Edinburgh Leisure staff attended an MRM│
│convention where this product was being showcased and as a result Edinburgh│
│Leisure invited Gladstone in to our ‘one team’ meeting to give EL managers a│
│Demo. │
│ │
│With a desire to meet customers’ expectations, continue to improve the│
│coaching experience not just for participants but also for parents, and to│
│continue to improve on what we already do well, it was agreed to explore│
│Gladstone’s ‘bolt on function’ now known as Learn2. The recommendation was to│
│deliver a pilot which would allow us to test customer reaction, understand│
│what the benefits to customers were, and to determine if there was a potential│
│to increase usage and income through increased length of stay within our│
│coached activity programmes. │
│ │
│At the point of implementation, we were looking for coaching management │
│software that: │
│ │
│  │
│ │
│ • Improved communication with customers │
│ • Feedback on progress in coached activity │
│ • Facilitates possible move to 'continuous coaching' │
│ • Improves customer experience of rebooking │
│ • Reduces rebooking admin - less impact on reception │
│ │
│  │
│ │
│Learn 2 was developed by a company called CAP2 in consultation with Gladstone │
│Software. The development of coaching management software between CAP2 and │
│Gladstone ensure complete integration with the 2 systems. Gladstone provided │
│Learn2 as a bolt on to our existing contract. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Question 2: Tender Submissions

 

Tender Submissions: A summary list of the companies or individuals who
submitted tenders in response to the RFP, without requiring the provision
of copies of the full tenders at this stage.

Website

┌─────────────────────────────────────┬────────────────────────────────────────┐
│Application – Website │Current Provider - Image │
├─────────────────────────────────────┴────────────────────────────────────────┤
│Date: 2023 Currently going out to tender for new website. Tender process │
│started December 2023. Tender includes Online Booking for Aquadash & Clip n │
│Climb products. │
│ │
│Release of Information │
│ │
│New tender names for 2023 tender process │
│ │
│4 responses from 11 companies │
│ │
│Tender request went out to the following companies: │
│ │
│  1. Pimal Space │
│  2. Image Scotland │
│  3. Dialog │
│  4. Arcas │
│  5. Moon web designs │
│  6. Inspire │
│  7. Duncan Weddell │
│  8. MTC │
│  9. Advertising Works │
│ 10. Shaw online │
│ 11. Prodo │
│ │
│We are at this point able to confirm that only Shaw online and MTC have made │
│it to the final stage that consists of a presentation that was done on │
│Wednesday 17^th January 2024.   │
│ │
│  │
│ │
│Documents Enclosed │
│ │
│ 1. EL23087NP Final v2 - Website Tender doc (RFP) for 2023 enclosed. │
├──────────────────────────────────────────────────────────────────────────────┤
│Date: 2015 Tender process for current website provider 2015 │
│ │
│Release of Information │
│ │
│29^th April 2015 │
│ │
│  1. Image Logistics Limited │
│  2. StromID │
└──────────────────────────────────────────────────────────────────────────────┘

 

Coaching Portal

┌───────────────────────────────────┬──────────────────────────────────────────┐
│Application - Coaching Portal │Current Provider - Gladstone GoLearn │
├───────────────────────────────────┴──────────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the summary list of the│
│companies or individuals who submitted tenders in response to the RFP which│
│you requested as there are no requests to submit tenders for this technology│
│therefore, we are unable to provide you with the information requested.│
│GoLearn (formally Learn 2) was provided by Gladstone Software as a bolt on to│
│the existing contract in 2014/15. │
│ │
│a.        The contract with our current point of sale provider (Gladstone│
│Software) was renewed in 2022. We did not carry out a tender process for this.│
│We renewed the contract with the current providers due to a need to be on a│
│hosted ‘Software as a Service’ (SAAS) agreement. │
│ │
│b.         │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│See *Question 1 Notes - Further Information on Gladstone and Learn 2 above │
│for further information. │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement process │
│in Section 8 & 9. │
│ │
│Documents Enclosed: │
│ │
│ 1. Procurement Strategy 2021 approved 13-12.21 1 │
│ 2. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement process│
│ & section 9 (ix) for information on contract extensions. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Online Booking website

┌───────────────────────────────────────┬──────────────────────────────────────┐
│Application - Online Booking website │Current Provider - Gladstone Connect │
├───────────────────────────────────────┴──────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the summary list of the│
│companies or individuals who submitted tenders in response to the RFP which│
│you requested as there are no requests to submit tenders for this technology│
│therefore, we are unable to provide you with the information requested. The│
│online booking website was provided by Gladstone Software as a bolt on to the│
│existing contract. │
│ │
│c.        The contract with our current point of sale provide (Gladstone│
│Software) was renewed in 2022. We did not carry out a tender process for this.│
│We renewed the contract with the current providers due to a need to be on a│
│hosted ‘Software as a Service’ (SAAS) agreement. │
│ │
│d.         │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
│ │
│See See *Question 1 Notes - Further Information on Gladstone and Learn 2 above│
│for further information. │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement process │
│in Section 8 & 9. │
│ │
│Documents Enclosed: │
│ │
│ 1. Procurement Strategy 2021 approved 13-12.21 1 │
│ 2. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement process│
│ & section 9 (ix) for information on contract extensions. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Mobile app

┌─────────────────────────────────────┬────────────────────────────────────────┐
│Application - Mobile app │Current Provider - Gladstone │
├─────────────────────────────────────┴────────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the summary list of the│
│companies or individuals who submitted tenders in response to the RFP which│
│you requested as there are no recent requests to submit tenders for this│
│technology therefore, we are unable to provide you with the information│
│requested. │
│ │
│e.       The contract with our current point of sale provide (Gladstone│
│Software) was renewed in 2022. We did not carry out a tender process for this.│
│We renewed the contract with the current providers due to a need to be on a│
│hosted ‘Software as a Service’ (SAAS) agreement. │
│ │
│f.          │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
│ │
│See See *Question 1 Notes - Further Information on Gladstone and Learn 2 above│
│for further information. │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement process │
│in Section 8 & 9. │
│ │
│Documents Enclosed: │
│ │
│ 1. Procurement Strategy 2021 approved 13-12.21 1 │
│ 2. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement process│
│ & section 9 (ix) for information on contract extensions. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Question 2 Notes

┌───────────────────────────────────────────────────────────────────────────────────────┐
│**Notes │
├───────────────────────────────────────────────────────────────────────────────────────┤
│Edinburgh Leisure has no legal requirement to go out via public sector framework, we │
│make decision based on service required. When seeking tenders our Procurement Manager │
│creates a tender document that specifies the criteria we require. Each tender document │
│is amended to suit the service we require, however have key headings that appear in │
│each document e.g. Impact on Energy Sustainability, Fair Work practice etc │
│ │
│  │
│ │
│We do use the public sector framework for some of our tenders. Information on these │
│tenders can be found on the Public contracts Scotland website. │
│ │
│  │
│ │
│[4]https://www.publiccontractsscotland.gov....
│ │
│  │
└───────────────────────────────────────────────────────────────────────────────────────┘

Question 3: Evaluation Criteria

 

Evaluation Criteria: A concise overview of the evaluation criteria and
processes employed by Edinburgh Leisure in the assessment of the tenders
received.

 

Website

┌──────────────────────────────────────┬───────────────────────────────────────┐
│Application – Website │Current Provider - Image │
├──────────────────────────────────────┴───────────────────────────────────────┤
│Date: 2023 Currently going out to tender for new website. Tender process │
│started December 2023 and is currently ongoing. Tender includes Online Booking│
│for Aquadash & Clip n Climb products. │
│ │
│Information Released │
│ │
│  1. EL23087NP Final v2 - Website Tender doc (RFP) for 2023 enclosed. │
│ │
│  │
│ │
│  2. Standing Orders 2022 (see section 8) │
│ │
│  │
│ │
│  3. Procurement Strategy 2021 approved 13-12.21 1 │
│ │
│  │
│ │
│The evaluation criteria for the website are contained within the Website │
│tender document. │
│ │
│Every evaluation criterion is based directly against the need and only follows│
│good practice headings such as Contract management, Insurances, Sustainability│
│and alike. │
│ │
│  │
│ │
│Decision making is also dependent upon the requirement but will always include│
│a minimum of 3 people in an assessment panel and scoring of each submission. │
│ │
│To get a good range, this is scored on quality and price between 0-10. As you │
│can see on this example attached, we also shortlist and use multiple ways of │
│assessment. │
├──────────────────────────────────────────────────────────────────────────────┤
│Date: 2015 Tender process for current website provider 2015 │
│ │
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement process │
│in Section 8 & 9. │
│ │
│Documents Enclosed: │
│ │
│ 1. Web customer portal creative brief_Redacted – design brief for the │
│ creation of website and customer portal following award of 2015 contract │
│ 2. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement process│
│ & section 9 (ix) for information on contract extensions. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Coaching Portal

┌───────────────────────────────────┬──────────────────────────────────────────┐
│Application - Coaching Portal │Current Provider - Gladstone GoLearn │
├───────────────────────────────────┴──────────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the concise overview of the│
│evaluation criteria and processes employed by Edinburgh Leisure in the│
│assessment of the tenders received which you requested as there are no│
│requests to submit tenders for this technology therefore, we are unable to│
│provide you with the information requested. GoLearn (formally Learn 2) was│
│provided by Gladstone Software as a bolt on to the existing contract in│
│2014/15. │
│ │
│g.        The contract with our current point of sale provide (Gladstone│
│Software) was renewed in 2022. We did not carry out a tender process for this.│
│We renewed the contract with the current providers due to a need to be on a│
│hosted ‘Software as a Service’ (SAAS) agreement. │
│ │
│h.         │
│ │
│i.         Our standing orders detail information on procurement and tendering│
│processes including contract extensions. │
│ │
│j.           │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
│ │
│See *Question 1 Notes - Further Information on Gladstone and Learn 2 above│
│for further information on Gladstone Software. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Online Booking website

┌───────────────────────────────────────┬──────────────────────────────────────┐
│Application - Online Booking website │Current Provider - Gladstone Connect │
├───────────────────────────────────────┴──────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the concise overview of the│
│evaluation criteria and processes employed by Edinburgh Leisure in the│
│assessment of the tenders received which you requested as there are no│
│requests to submit tenders for this technology therefore, we are unable to│
│provide you with the information requested. The online booking website was│
│provided by Gladstone Software as a bolt on to the existing contract. │
│ │
│k.        The contract with our current point of sale provide (Gladstone│
│Software) was renewed in 2022. We did not carry out a tender process for this.│
│We renewed the contract with the current providers due to a need to be on a│
│hosted ‘Software as a Service’ (SAAS) agreement. │
│ │
│  │
│ │
│l.         Our standing orders detail information on procurement and tendering│
│processes including contract extensions. │
│ │
│  │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
│ │
│See *Question 1 Notes above for further information. │
│ │
│  │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement process │
│in Section 8 & 9. │
│ │
│Documents Enclosed: │
│ │
│ 1. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement process│
│ & section 9 (ix) for information on contract extensions. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Mobile app

┌─────────────────────────────────────┬────────────────────────────────────────┐
│Application - Mobile app │Current Provider - Gladstone │
├─────────────────────────────────────┴────────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the concise overview of the│
│evaluation criteria and processes employed by Edinburgh Leisure in the│
│assessment of the tenders received which you requested as there are no│
│requests to submit tenders for this technology therefore, we are unable to│
│provide you with the information requested. The mobile app was provided by│
│Gladstone Software as a bolt on to the existing contract. │
│ │
│m.      The contract with our current point of sale provide (Gladstone│
│Software) was renewed in 2022. We did not carry out a tender process for this.│
│We renewed the contract with the current providers due to a need to be on a│
│hosted ‘Software as a Service’ (SAAS) agreement. │
│ │
│  │
│ │
│n.       Our standing orders detail information on procurement and tendering│
│processes including contract extensions. │
│ │
│  │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
│ │
│See *Question 1 Notes - Further Information on Gladstone and Learn 2 above│
│for further information. │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Released │
│ │
│Our standing orders (attached) contain information on our procurement process │
│in Section 8 & 9. │
│ │
│Documents Enclosed: │
│ │
│ 1. Standing Orders 2022 │
│ │
│ • Please see section 8 for general information on our procurement process│
│ & section 9 (ix) for information on contract extensions. │
└──────────────────────────────────────────────────────────────────────────────┘

 

Question 4: Decision-Making Documentation

 

Decision-Making Documentation:

 

 a. Documents summarizing the decision-making process leading to the
selection of the technology provider(s) for the specified platforms,
including high-level minutes or decision summaries.
 b. This should encompass internal correspondence related to the
decision-making process and any correspondence with eventual
suppliers.

 

Question 4 –Information on Technology Projects

Response

Decision making around technology projects was managed by our ‘Tech Board’
who were responsible for the planning and implementation of various tech
projects. A project group was created in 2014 to oversee the
implementation of a variety of technology and front of house projects. A
Technology Road map was created, and project groups identified to lead on
the implementation.

 

Our roadmap looked at 3 areas:

 

1.   Improve the use of technology in EL for the benefit of our customers

2.  Develop an IT infrastructure that supports effective and efficient
working

3.  Introduce fit for purpose business solutions

 

Each project could not be looked at in isolation as there were significant
overlaps between projects, especially when it came to the technology for
the website, coaching portal, online booking and mobile app.
Implementation of technologies to improve customer service, infrastructure
and business processes were also linked to various customer improvement
projects, front of house (introduction of welcome hosts) and back of house
(creation of a central customer enquiries team to manage customer
enquiries, emails, telephony etc) – all designed to improve customer and
staff facing technologies and processes.

 

Each of these technologies were interdependent and relied on specific
functionalities of the technology and ways of linking. Decisions around
website, coaching portal, online booking and the app were all part of the
bigger picture technology road map projects and were all in some way
interconnected. Software bolt ons offered by Gladstone Software allowed us
to add coaching portal (Learn 2), online booking (connect) and the app.
Gladstone were able to offer software applications that they created that
were fully integrated with our POS system (also supplied by Gladstone).
For Image (or any other provider) to develop some of these applications
would have cost a significant amount of money as they would need to design
from scratch and ensure that the information read back into our POS
software.

 

Question 4 - Release of Information

Documents Enclosed

The documents below provide information on our technology strategy and
should help to provide background on how and why decisions were made
regarding specific technologies.

 

1.   Technology Road Map

2.  Tech Road Map Detail 19.09.16

3.  Tech Digital Strategy Presentation July 17

4.  eBook_v2_edited_accepted_LR_Part1

5.  eBook_v2_edited_accepted_LR_Part2

 

Application of Exemptions

Section 38 (1) (b) Personal Data

The information that you asked for regarding decision making documents and
internal correspondence/minutes etc will not be fully released. Under the
terms of the Act, a request for information can be refused where one or
more exemptions listed in the legislation apply.

In this instance, Edinburgh Leisure is applying the following exemption to
the supplied information (see below) that you have requested: S38 (1) (b)
Personal Information (third parties).

We have provided the documents outlined below in our response which
provides information on our Tech Board and decision made around technology
projects however we have redacted the names of all Edinburgh Leisure staff
and third parties from the documents enclosed. The redacted names are of
Edinburgh Leisure and third-party personal who have not consented to the
release of their personal data.

Please note that this response constitutes a formal refusal notice under
section 16 of the Freedom of Information (Scotland) Act 2002.

 

Documents Enclosed

 

6.  Tech Map info_Redacted

7.  JP264BC – Notes from Tech Board & FOH Project Board – 18.5.15_Redacted

8.  Tech-FOH Project Board – Notes 220616_Redacted

9.  Management Arrangements Meet 1_Redcated

Website

 

┌──────────────────────────────────────┬───────────────────────────────────────┐
│Application - Website │Current Provider - Image │
├──────────────────────────────────────┴───────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│b)     Documents summarizing the decision-making process leading to the │
│selection of the technology provider(s) for the specified platforms, including│
│high-level minutes or decision summaries. │
│ │
│  │
│ │
│Release of Information - Documents Enclosed for tender process 2023 │
│ │
│  │
│ │
│ 1. EL23087NP Final v2 - Website Tender doc (RFP) for 2023 enclosed. │
│ 2. Please also see Question 4 - Release of Information above for supporting │
│ documentation / minutes surrounding decision making on Technology │
│ projects. │
│ │
│  │
│ │
│Application of Exemptions – Outcome letter │
│ │
│Section 38 (1) (b) Personal Data │
│ │
│The information that you asked for regarding the above question a) will not be│
│fully released. Under the terms of the Act, a request for information can be│
│refused where one or more exemptions listed in the legislation apply. │
│ │
│In this instance, Edinburgh Leisure is applying the following exemption to the│
│supplied information (tender request letter) that you have requested: S38 (1)│
│(b) Personal Information (third parties). │
│ │
│We have provided the document outlined below in our response which provides│
│the information requested however we have redacted the names of all Edinburgh│
│Leisure staff and third parties from the documents enclosed. The redacted│
│names are of Edinburgh Leisure personal who have not consented to the release│
│of their personal data. │
│ │
│Please note that this response constitutes a formal refusal notice under│
│section 16 of the Freedom of Information (Scotland) Act 2002. │
│ │
│Please see Appendix 4 for information on the Personal Information Exemption. │
│ │
│Documents Enclosed │
│ │
│  │
│ │
│ 1. EL-10 Outcome Letter successful_Redacted – template letter for successful │
│ tenders │
│ 2. ITT Document -  CN000072 Web Development 1 April 2015_Redacted – tender│
│ request letter for 2015 tender process │
│ │
│  │
├──────────────────────────────────────────────────────────────────────────────┤
│Application of Exemptions – Section 33(1)(b) Commercial Interests and the│
│Economy │
│ │
│Scoring summaries │
│ │
│The information requested regarding documents summarizing the decision-making│
│process leading to the selection of the technology provider(s) for the│
│specified platforms, including high-level minutes or decision summaries will│
│not be released. │
│ │
│Under the terms of the Act, a request for information can be refused where one│
│or more exemptions listed in the legislation apply. │
│ │
│In this instance, Edinburgh Leisure is applying the following exemption to the│
│information that you have requested: Section 33(1)(b) Commercial Interests and│
│the Economy as release of the scoring summaries are of a commercial nature and│
│could have a negative effect on the business of those who tendered – i.e. │
│their ability to deliver service (scorers’ opinion) and pricing. The release │
│of these documents would affect our ability to work with the chosen partner │
│going forward and would prejudice substantially the companies that tendered │
│commercial interest and give advantages to competitors in the future in any │
│tendering exercise. │
│ │
│Please note that this letter constitutes a formal refusal notice under Section│
│16 of the Freedom of Information (Scotland) Act 2002. │
│ │
│The parties whose commercial interests would be prejudiced substantially by│
│disclosure of the withheld information are the companies that tendered. │
│ │
│Section 33 (1)(b) provides that information is exempt if its disclosure under│
│FOISA would or would be likely to prejudice substantially the commercial│
│interest of any person (including without prejudice to that generality, a│
│Scottish public authority). This exemption is subject to the public interest│
│test in Section 2 (1)(b) of FOISA. │
│ │
│Disclosure under FOISA (and, for that matter, the EIRs) is effectively│
│disclosure to the world at large and not simply to the requester. In other│
│words, the information would be available to anyone else if disclosed,│
│including actual and potential competitors. │
│ │
│We recognise that there is some public interest in disclosure of this│
│information, to provide transparency on how public money had been spent.│
│However, we consider there to be a strong public interest in avoiding│
│significant harm to the commercial interests of the companies that tendered│
│(and indeed ourselves). The withheld information would provide competitors│
│with key information which would allow them to set up in competition with the│
│technology operators. Disclosure would jeopardise their ability to negotiate│
│further contracts in the future as competitors would be aware of the details│
│of the contract and could undercut them. │
│ │
│Commercial interests affected are of Edinburgh Leisure and the companies that│
│tendered. The companies that tendered are entities (or persons) operating in a│
│commercial context in providing their services as part of a contract, and that│
│they have a commercial interest in respect of their respective businesses. │
│ │
│  │
│ │
│The disclosure of the scoring summaries would be of great use to a competitor│
│or potential competitor.  As such it could substantially damage the technology│
│operators’ businesses and would have a prejudicial effect on their ability to│
│provide an economically viable service in a competitive market. │
│ │
│  │
│ │
│Disclosure could also lead to a reduction in the number of suppliers willing│
│to bid for future work due to concerns about future disclosure of their│
│commercially sensitive information. This would be likely to substantially│
│affect Edinburgh Leisure both during a retendering exercise of the contract in│
│question and in other future tender exercises. │
│ │
│  │
│ │
│Public Interest Arguments - Withhold │
│ │
│ • In our view, the technology operators would be unable to compete│
│ effectively or equally with competitors if, (unlike its competitors), we│
│ are obliged to disclose commercially sensitive information. There is a│
│ public interest in ensuring fair competition in the commercial│
│ environment. │
│ • Disclosing the requested information would prejudice Edinburgh Leisure’s│
│ ongoing negotiations with suppliers and undermine its commercial│
│ interests. │
│ • Disclosing the scoring summaries of companies that tendered would have│
│ detrimental consequences to future commercial interests of those operators│
│ as a direct result of releasing this information into the public domain│
│ (which, would be the effect of the information being disclosed under│
│ FOISA). Disclosing the detail of the actual scoring summaries of the│
│ companies that tendered would be disadvantageous and likely to prejudice│
│ substantially the operators’ commercial interests │
│ • We believe there is a strong public interest in avoiding significant harm│
│ to the commercial interests of the companies that tendered as the│
│ information could be used by other parties to gain an advantage. │
│ • We believe there is a strong public interest in avoiding prejudice to the│
│ companies that tendered commercial interests by providing the details of│
│ the scoring summaries, competitors would be able to use this information│
│ to gain a competitive advantage against them  │
│ • It is in the public interest for Edinburgh Leisure, in common with other│
│ Scottish public authorities, to be able to offer services in a competitive│
│ market, thus securing best value for the public purse. │
│ • It is also in the public interest for any supplier of a public service to│
│ remain commercially viable and capable of offering best value, along with│
│ its potential competitors on a fair and equal footing. │
│ • The scoring summaries are confidential and commercially sensitive│
│ information between Edinburgh Leisure and the companies that tendered.│
│ Information was obtained through a confidential tendering process and│
│ disclosure would undermine faith in that process. │
│ • Edinburgh Leisure considers that the significant public interest in│
│ protecting the legitimate commercial interests of the companies that│
│ tendered should outweigh the public interest in transparency. │
│ • Withheld information related to a live tender process, disclosure of the│
│ scoring summaries could lead to a breakdown in our relationship with the│
│ companies that tendered and could have a negative effect on the business│
│ of those who tendered – i.e. their ability to deliver service (scorers│
│ opinion) and pricing. The release of these documents would affect our│
│ ability to work with the chosen partner going forward. │
│ • No public interest in disclosing information that would lead to other│
│ commercial users becoming less willing to work with it, in the fear that│
│ their commercially sensitive information might be disclosed into the│
│ public domain (again leading to a reduction in its income). │
│ • Where a public authority is engaged in contracting for services and│
│ administering the contract, there is a public interest in allowing it to│
│ administer the contract that it can do so without impacting on an│
│ operator’s willingness to be open and honest. │
│ • It is in the public interest to withhold the information, allowing us to│
│ ensure healthy competition for public contracts and obtain best value in│
│ public expenditure. We need to ensure that potential tenderers are not│
│ discouraged from tendering for public contracts by a justified fear that│
│ their commercially confidential information will be released publicly. │
│ • There is a clear danger that disclosure might actually undermine the│
│ ability of Edinburgh Leisure, and other public bodies, to achieve value│
│ for money. Undermining the trust implied by a competitive tendering│
│ process could have far-reaching consequences for the public sector’s│
│ ability to deliver services. │
│ │
│  │
│ │
│Public Interest Arguments – Disclose │
│ │
│·     Edinburgh Leisure recognises there is some public interest in disclosure│
│of this information, to promote openness and to provide transparency on how│
│public money has been spent. There is a general public interest in│
│transparency and accountability, particularly in relation to the scrutiny of│
│public finances. │
│ │
│·     There is a public interest in ensuring that value for money is achieved,│
│and seen to be achieved, by Scottish public authorities │
│ │
│·     There is a public interest in ensuring that there is fair competition in│
│the commercial environment. │
│ │
│·     Given the funding received from the City of Edinburgh Council (CEC) it│
│could be argued that there is a public interest in disclosing this information│
│as it relates to the spending of the public purse (funded by CEC). │
│ │
│·     There is some public interest in disclosure of this information, to│
│provide transparency on how public money had been spent. │
│ │
│·     There is a public interest in enabling the public to better understand a│
│public authorities activities, ensuring that it was held to account for│
│spending and achieving value for money for the taxpayer. │
│ │
│  │
│ │
│Edinburgh Leisure engaged the exemption in section 33(1)(b) and then│
│considered whether, in all the circumstances of the case, the public interest│
│in disclosing the withheld information is outweighed by the public interest in│
│maintaining the exemption in section 33(1)(b). │
│ │
│Having balanced the public interest for and against disclosure, Edinburgh│
│Leisure concluded that, in all the circumstances of the case, the public│
│interest in maintaining the exemption in section 33(1)(b) outweighs that in│
│disclosure of the information under consideration on the basis that disclosing│
│the information would cause substantial prejudice to the commercial interests│
│of the technology operators. │
│ │
│Please note that this letter constitutes a formal refusal notice under section│
│16 of the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
├──────────────────────────────────────────────────────────────────────────────┤
│c)     Internal correspondence related to the decision-making process and any │
│correspondence with eventual suppliers. │
│ │
│  │
│ │
│Release of Information - Documents Enclosed │
│ │
│  │
│ │
│ 1. EL23087NP Final v2 - Website Tender doc (RFP) for 2023 │
│ │
│  │
│ │
│Application of Exemptions - Section 38 (1) (b) Personal Data │
│ │
│The information that you asked for regarding the above question b) will not be│
│fully released. Under the terms of the Act, a request for information can be│
│refused where one or more exemptions listed in the legislation apply. │
│ │
│In this instance, Edinburgh Leisure is applying the following exemption to the│
│supplied information (tender request letter) that you have requested: S38 (1)│
│(b) Personal Information (third parties). │
│ │
│We have provided the documents outlined below in our response which provides│
│the information requested however we have redacted the names of all Edinburgh│
│Leisure staff and third parties from the documents enclosed. The redacted│
│names are of Edinburgh Leisure personal who have not consented to the release│
│of their personal data. │
│ │
│Please note that this response constitutes a formal refusal notice under│
│section 16 of the Freedom of Information (Scotland) Act 2002. │
│ │
│Please see Appendix 4 for information on the Personal Information Exemption. │
│ │
│Documents Enclosed │
│ │
│  │
│ │
│ 1. EL-10 Outcome Letter successful_Redacted – draft letter │
│ │
│  │
├──────────────────────────────────────────────────────────────────────────────┤
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the Internal correspondence│
│related to the decision-making process and any correspondence with eventual│
│suppliers which you requested as the tender has not yet been awarded│
│therefore, we are unable to provide you with the information requested. │
│ │
│o.         │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
└──────────────────────────────────────────────────────────────────────────────┘

 

Coaching Portal

┌───────────────────────────────────┬──────────────────────────────────────────┐
│Application - Coaching Portal │Current Provider - Gladstone GoLearn │
├───────────────────────────────────┴──────────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│ a. Documents summarizing the decision-making process leading to the selection│
│ of the technology provider(s) for the specified platforms, including │
│ high-level minutes or decision summaries. │
│ │
│Background Information on Learn 2 │
│ │
│In February 2012, it was identified from a coached activities survey that│
│themes were emerging where parents were looking for feedback on their child’s│
│performance and progress during participation in our coaching programmes (this│
│remains a reoccurring theme two years later). In addition to this feedback,│
│staff and service providers have fed back that changing rooms and poolside│
│areas are congested pre and post lesson times, and that they found it│
│extremely difficult to be able to give parents any type of qualitative│
│feedback on their children’s progress, confirming that neither the environment│
│nor the timing for feedback was suitable. │
│ │
│  │
│ │
│Through a meeting, it was suggested that Gladstone had a bolt on function that│
│would allow customers to receive feedback on their child’s performance in a│
│coached activity. Members of Edinburgh Leisure staff attended an MRM│
│convention where this product was being showcased and as a result Edinburgh│
│Leisure invited Gladstone in to our ‘one team’ meeting to give EL managers a│
│Demo. │
│ │
│  │
│ │
│With a desire to meet customers’ expectations, continue to improve the│
│coaching experience not just for participants but also for parents, and to│
│continue to improve on what we already do well, it was agreed to explore│
│Gladstone’s ‘bolt on function’ now known as Learn2. The recommendation was to│
│deliver a pilot which would allow us to test customer reaction, understand│
│what the benefits to customers were, and to determine if there was a potential│
│to increase usage and income through increased length of stay within our│
│coached activity programmes. │
│ │
│  │
│ │
│At the point of implementation, we were looking for coaching management │
│software that: │
│ │
│  │
│ │
│ 1. Improved communication with customers │
│ 2. Feedback on progress in coached activity │
│ 3. Facilitates possible move to 'continuous coaching' │
│ 4. Improves customer experience of rebooking │
│ 5. Reduces rebooking admin - less impact on reception │
│ │
│  │
│ │
│Learn 2 was developed by a company called CAP2 in consultation with Gladstone │
│Software. The development of coaching management software between CAP2 and │
│Gladstone ensure complete integration with the 2 systems. Gladstone provided │
│Learn2 as a bolt on to our existing contract. │
│ │
│Information Released │
│ │
│Please also see Question 4 - Release of Information above for supporting │
│documentation / minutes surrounding decision making on Technology projects. │
│ │
│Application of Exemptions personal data │
│ │
│Application of Exemptions │
│ │
│Section 38 (1) (b) Personal Data │
│ │
│The information that you asked for regarding decision making processes leading│
│to the selection of online coaching portal will not be fully released. Under│
│the terms of the Act, a request for information can be refused where one or│
│more exemptions listed in the legislation apply. │
│ │
│In this instance, Edinburgh Leisure is applying the following exemption to the│
│supplied information (tender request letter) that you have requested: S38 (1)│
│(b) Personal Information (third parties). │
│ │
│We have provided the documents outlined below in our response which provides│
│the information requested regarding decision making to implement Learn2 the│
│coaching management system, however we have redacted the names of all│
│Edinburgh Leisure staff and third parties from the documents enclosed. The│
│redacted names are of Edinburgh Leisure and third-party personal who have not│
│consented to the release of their personal data. │
│ │
│Please note that this response constitutes a formal refusal notice under│
│section 16 of the Freedom of Information (Scotland) Act 2002. │
│ │
│Documents Enclosed │
│ │
│ 1. Learn2 Report (2) Final_Redacted │
│ 2. PID Learn2 Pilot 2014_Redacted │
│ 3. PID Learn2 Roll Out – Jan 2015_Redacted │
│ 4. Learn 2 Project Meeting-19^th August_Redacted │
│ 5. Learn 2 Project Meeting-13^th May_Redacted │
│ 6. Learn 2 Project Meeting-27th May_Redacted │
│ 7. Learn 2 Project Meeting-3rd July_Redacted │
│ 8. Learn 2 Notes and QA doc 24 03 15_Redacted │
│ 9. Wet Managers – L2 Presentation_Redacted │
│10. Learn2 Survey_Redacted │
│11. Learn2 presentation_Redacted │
│12. Learn2 Presentation Questions from Tech Board March 15_Redacted │
│13. PID – direct debit for coaching_Redacted │
│14. Coaching DD’s Action Plan (2)_Redacted │
│ │
│  │
│ │
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the information detailed in│
│question a) above for the coaching portal which you requested as there are no│
│requests to submit tenders for this technology therefore, we are unable to│
│provide you with the information requested. GoLearn (formally Learn 2) was│
│provided by Gladstone Software as a bolt on to the existing contract in│
│2014/15. We have searched our systems and can only find operational emails│
│with Learn 2 from 2019 which was after the system was implemented therefore,│
│we do not hold any information relating to decision making processes. │
│ │
│GoLearn was provided as a bolt on to our existing software supplied by│
│Gladstone Software there were no tender processes conducted for this. │
│ │
│  │
│ │
│We identified a need to improve our coaching management processes back in│
│2013-14. │
│ │
│  │
│ │
│ 1. Customers have advised previously that they want to know and value getting│
│ feedback on how their children are progressing in coaching classes. │
│ 2. Improves service, therefore assume that should improve retention and have │
│ a positive financial impact │
│ 3. Provides us with data on customers → more targeted e-communications │
│ 4. Allows customers to have ability to book/move children to courses on the │
│ days they are available │
│ │
│  │
│ │
│Gladstone Software developed a coaching management bolt on in conjunction with│
│CAP2. We piloted the bolt on by purchasing a licence for one venue, following│
│review and feedback from the pilot, we rolled out the systems across our other│
│venues, by purchasing further licences. This also allowed us to move customer│
│payments for coaching onto Direct debit. Previously we had offered payment by│
│‘Top-Up’ and by direct debit. Implementing GoLearn: │
│ │
│  │
│ │
│-     Ensured we focused attention on managing coaching performance │
│ │
│-     Provided a tangible process to update customers on their child’s│
│progress │
│ │
│-     Created a structure/framework of competencies for coaches to follow when│
│coaching and teaching │
│ │
│-     Coaching-related administration procedures (mostly) consistent │
│ │
│-     Reduced enquiries to front desks (telephony and Face To Face) │
│ │
│-     Improved communications to customers │
│ │
│-     Increased Knowledge and understanding of our coaching programme │
│ │
│-     Helped increased participation by 1,634 bookees per week │
│ │
│  │
│ │
│  │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002. │
│ │
│  │
│ │
│See *Question 1 Notes - Further Information on Gladstone and Learn 2 above│
│for further information on Gladstone Software and GoLearn (Learn2). │
├──────────────────────────────────────────────────────────────────────────────┤
│                                      i.    Internal correspondence related to│
│the decision-making process and any correspondence with eventual suppliers. │
│ │
│Release of Information │
│ │
│We have released the following documents outlined in our response to question│
│a). │
│ │
│Please also see Question 4 - Release of Information above for supporting │
│documentation / minutes surrounding decision making on Technology projects. │
│ │
│  │
│ │
│Documents Enclosed │
│ │
│ 1. Learn2 Report (2) Final_Redacted │
│ 2. PID Learn2 Pilot 2014_Redacted │
│ 3. PID Learn2 Roll Out – Jan 2015_Redacted │
│ 4. Learn 2 Project Meeting-19^th August_Redacted │
│ 5. Learn 2 Project Meeting-13^th May_Redacted │
│ 6. Learn 2 Project Meeting-27th May_Redacted │
│ 7. Learn 2 Project Meeting-3rd July_Redacted │
│ 8. Learn 2 Notes and QA doc 24 03 15_Redacted │
│ 9. Wet Managers – L2 Presentation_Redacted │
│10. Learn2 Survey_Redacted │
│11. Learn2 presentation_Redacted │
│12. Learn2 Presentation Questions from Tech Board March 15_Redacted │
│13. PID – direct debit for coaching_Redacted │
│14. Coaching DD’s Action Plan (2)_Redacted │
│ │
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the information detailed in│
│question b) above which you requested as there are no requests to submit│
│tenders for this technology therefore, we are unable to provide you with the│
│information requested. GoLearn (formally Learn 2) was provided by Gladstone│
│Software as a bolt on to the existing contract in 2014/15. We have searched│
│our systems and can only find emails with Learn 2 from 2019 which was after│
│the system was implemented therefore, we do not hold any information relating│
│to decision making processes. │
│ │
│GoLearn was provided as a bolt on to our existing software supplied by│
│Gladstone Software there were no tender processes conducted for this. │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002 │
└──────────────────────────────────────────────────────────────────────────────┘

 

Online Booking website

┌───────────────────────────────────────┬──────────────────────────────────────┐
│Application - Online Booking website │Current Provider - Gladstone Connect │
├───────────────────────────────────────┴──────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│ a. Documents summarizing the decision-making process leading to the selection│
│ of the technology provider(s) for the specified platforms, including │
│ high-level minutes or decision summaries. │
│ │
│Information Released │
│ │
│ 1. PID – book & pay 141214_Redacted - Project Initiation Document for book │
│ and pay project │
│ │
│Please also see Question 4 - Release of Information above for supporting │
│documentation / minutes surrounding decision making on Technology projects. │
│ │
│  │
│ │
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the information detailed in│
│question a) above which you requested as there are no requests to submit│
│tenders for this technology therefore, we are unable to provide you with the│
│information requested. GoLearn (formally Learn 2) was provided by Gladstone│
│Software as a bolt on to the existing contract in 2014/15. We have searched│
│our systems and can only find emails with Learn 2 from 2019 which was after│
│the system was implemented therefore, we do not hold any information relating│
│to decision making processes. │
│ │
│GoLearn was provided as a bolt on to our existing software supplied by│
│Gladstone Software there were no tender processes conducted for this. │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002 │
│ │
│  │
├──────────────────────────────────────────────────────────────────────────────┤
│ b. Internal correspondence related to the decision-making process and any │
│ correspondence with eventual suppliers. │
│ │
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the information detailed in│
│question b) above which you requested as there are no requests to submit│
│tenders for this technology therefore, we are unable to provide you with the│
│information requested. GoLearn (formally Learn 2) was provided by Gladstone│
│Software as a bolt on to the existing contract in 2014/15. We have searched│
│our systems and can only find emails with Learn 2 from 2019 which was after│
│the system was implemented therefore, we do not hold any information relating│
│to decision making processes. │
│ │
│GoLearn was provided as a bolt on to our existing software supplied by│
│Gladstone Software there were no tender processes conducted for this. │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002 │
└──────────────────────────────────────────────────────────────────────────────┘

 

Mobile App

┌─────────────────────────────────────┬────────────────────────────────────────┐
│Application - Mobile app │Current Provider - Gladstone │
├─────────────────────────────────────┴────────────────────────────────────────┤
│Response: Release of Information / Exemptions / Documents │
├──────────────────────────────────────────────────────────────────────────────┤
│ a. Documents summarizing the decision-making process leading to the selection│
│ of the technology provider(s) for the specified platforms, including │
│ high-level minutes or decision summaries. │
│ │
│Please also see Question 4 - Release of Information above for supporting │
│documentation / minutes surrounding decision making on Technology projects. │
│ │
│  │
│ │
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the information detailed in│
│question a) above which you requested as there are no requests to submit│
│tenders for this technology therefore, we are unable to provide you with the│
│information requested. GoLearn (formally Learn 2) was provided by Gladstone│
│Software as a bolt on to the existing contract in 2014/15. We have searched│
│our systems and can only find emails with Learn 2 from 2019 which was after│
│the system was implemented therefore, we do not hold any information relating│
│to decision making processes. │
│ │
│GoLearn was provided as a bolt on to our existing software supplied by│
│Gladstone Software there were no tender processes conducted for this. │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002 │
├──────────────────────────────────────────────────────────────────────────────┤
│ b. Internal correspondence related to the decision-making process and any │
│ correspondence with eventual suppliers. │
│ │
│Information Not Held │
│ │
│Unfortunately, Edinburgh Leisure does not hold the information detailed in│
│question b) above which you requested as there are no requests to submit│
│tenders for this technology therefore, we are unable to provide you with the│
│information requested. GoLearn (formally Learn 2) was provided by Gladstone│
│Software as a bolt on to the existing contract in 2014/15. We have searched│
│our systems and can only find emails with Learn 2 from 2019 which was after│
│the system was implemented therefore, we do not hold any information relating│
│to decision making processes. │
│ │
│GoLearn was provided as a bolt on to our existing software supplied by│
│Gladstone Software there were no tender processes conducted for this. │
│ │
│Please note that this constitutes a formal refusal notice under section 17 of│
│the Freedom of Information (Scotland) Act 2002 │
└──────────────────────────────────────────────────────────────────────────────┘

 

Question 5: Contractual Agreements

 

Contractual Agreements: Details of the contractual agreements or
arrangements between Edinburgh Leisure and the selected technology
provider(s).

 

Application of Exemptions: 33(1)(b) Commercial Interests and the Economy

The information requested regarding details of the contractual agreements
or arrangements between Edinburgh Leisure and the selected technology
provider(s) and copy of the B Agenda Board report on Gladstone 2022
renewal of contract will not be released.

Under the terms of the Act, a request for information can be refused where
one or more exemptions listed in the legislation apply.

In this instance, Edinburgh Leisure is applying the following exemption to
the information that you have requested: 33(1)(b) Commercial Interests and
the Economy as release of the details of the contractual agreements or
arrangements between Edinburgh Leisure and the selected technology
provider(s) would prejudice substantially the technology operator’s
commercial interest and give advantages to competitors in the future in
any tendering exercise.

Please note that this letter constitutes a formal refusal notice under
Section 16 of the Freedom of Information (Scotland) Act 2002.

The parties whose commercial interests would be prejudiced substantially
by disclosure of the withheld information are the technology operators.

Section 33 (1)(b) provides that information is exempt if its disclosure
under FOISA would or would be likely to prejudice substantially the
commercial interest of any person (including without prejudice to that
generality, a Scottish public authority). This exemption is subject to the
public interest test in Section 2 (1)(b) of FOISA.

Disclosure under FOISA (and, for that matter, the EIRs) is effectively
disclosure to the world at large and not simply to the requester. In other
words, the information would be available to anyone else if disclosed,
including actual and potential competitors.

We recognise that there is some public interest in disclosure of this
information, to provide transparency on how public money had been spent.
However, we consider there to be a strong public interest in avoiding
significant harm to the commercial interests of the technology operators
(and indeed ourselves). The withheld information would provide
competitors with key information which would allow them to set up in
competition with the technology operators. Disclosure would jeopardise
their ability to negotiate further contracts in the future as competitors
would be aware of the details of the contract and could undercut them.

Commercial interests affected are of Edinburgh Leisure and the technology
operators. The technology providers are entities (or persons) operating in
a commercial context in providing their services as part of a contract,
and that they have a commercial interest in respect of their respective
businesses.

 

The disclosure of the contract details would be of great use to a
competitor or potential competitor.  As such it could substantially damage
the technology operators’ businesses and would have a prejudicial effect
on their ability to provide an economically viable service in a
competitive market.

 

disclosure could also lead to a reduction in the number of suppliers
willing to bid for future work due to concerns about future disclosure of
their commercially sensitive information. This would be likely to
substantially affect Edinburgh Leisure both during a retendering exercise
of the contract in question and in other future tender exercises.

 

Public Interest Arguments - Withhold

• In our view, the technology operators would be unable to compete
effectively or equally with competitors if, (unlike its competitors),
we are obliged to disclose commercially sensitive information. There
is a public interest in ensuring fair competition in the commercial
environment.
• Disclosing the requested information would prejudice Edinburgh
Leisure’s ongoing negotiations with suppliers and undermine its
commercial interests.
• Disclosing the contracts of technology operators would have
detrimental consequences to future commercial interests of those
operators as a direct result of releasing this information into the
public domain (which, would be the effect of the information being
disclosed under FOISA). Disclosing the detail of the actual contracts
of the operator would be disadvantageous and likely to prejudice
substantially the operators’ commercial interests
• We believe there is a strong public interest in avoiding significant
harm to the commercial interests of the technology operators as the
information could be used by other parties to gain an advantage.
• We believe there is a strong public interest in avoiding prejudice to
the technology operators’ commercial interests by providing the
details of the contract details, competitors would be able to use this
information to gain a competitive advantage against them 
• It is in the public interest for Edinburgh Leisure, in common with
other Scottish public authorities, to be able to offer services in a
competitive market, thus securing best value for the public purse.
• It is also in the public interest for any supplier of a public service
to remain commercially viable and capable of offering best value,
along with its potential competitors on a fair and equal footing.
• The procurement and contract details are confidential and commercially
sensitive information between Edinburgh Leisure and the technology
operators. Information was obtained through a confidential tendering
process and disclosure would undermine faith in that process.
• Disclosure of this information would, or would be likely to,
substantially prejudice the commercial interests of the technology
providers, as it contains some sensitive pricing information,
disclosure of which would allow the providers commercial rivals to be
aware of their commercial terms. Edinburgh Leisure considers that the
significant public interest in protecting the legitimate commercial
interests of the technology providers should outweigh the public
interest in transparency.
• Withheld information related to a live agreement, disclosure of the
contract information could lead to a breakdown in its relationship
with the technology providers, resulting in termination of the
contract and consequentially a loss of income for Edinburgh Leisure.
There is no public interest in disclosing financial information that
could lead to a breakdown in its relationships with the technology
providers and other commercial users, and consequently a loss of
income.
• No public interest in disclosing information that would lead to other
commercial users becoming less willing to work with it, in the fear
that their financial information might be disclosed into the public
domain (again leading to a reduction in its income).
• Where a public authority is engaged in contracting for services and
administering the contract, there is a public interest in allowing it
to administer the contract that it can do so without impacting on an
operator’s willingness to be open and honest.
• It is in the public interest to withhold the information, allowing us
to ensure healthy competition for public contracts and obtain best
value in public expenditure. We need to ensure that potential
tenderers are not discouraged from tendering for public contracts by a
justified fear that their commercially confidential information will
be released publicly.
• There is a clear danger that disclosure might actually undermine the
ability of Edinburgh Leisure, and other public bodies, to achieve
value for money. Undermining the trust implied by a competitive
tendering process could have far-reaching consequences for the public
sector’s ability to deliver services.

 

Public Interest Arguments – Disclose

·     Edinburgh Leisure recognises there is some public interest in
disclosure of this information, to promote openness and to provide
transparency on how public money has been spent. There is a general
public interest in transparency and accountability, particularly in
relation to the scrutiny of public finances.

·     There is a public interest in ensuring that value for money is
achieved, and seen to be achieved, by Scottish public authorities

·     There is a public interest in ensuring that there is fair
competition in the commercial environment

·     Given the funding received from the City of Edinburgh Council (CEC)
it could be argued that there is a public interest in disclosing this
information as it relates to the spending of the public purse (funded by
CEC).

·     There is some public interest in disclosure of this information, to
provide transparency on how public money had been spent.

·     There is a public interest in enabling the public to better
understand a public authorities activities, ensuring that it was held to
account for spending and achieving value for money for the taxpayer.

 

Edinburgh Leisure engaged the exemption in section 33(1)(b) and then
considered whether, in all the circumstances of the case, the public
interest in disclosing the withheld information is outweighed by the
public interest in maintaining the exemption in section 33(1)(b).

Having balanced the public interest for and against disclosure, Edinburgh
Leisure concluded that, in all the circumstances of the case, the public
interest in maintaining the exemption in section 33(1)(b) outweighs that
in disclosure of the information under consideration on the basis that
disclosing the information would cause substantial prejudice to the
commercial interests of the technology operators.

Please note that this letter constitutes a formal refusal notice under
section 16 of the Freedom of Information (Scotland) Act 2002.

Question 6: Additional Relevant Information

 

Additional Relevant Information: Any supplementary information related to
the technology provider selection process that may contribute to
understanding the decision-making rationale.

 

Information Released

Edinburgh Leisure identified a need to improve the use of technology in EL
and identified a series of projects which would support improvements in
the use of both customer and staff facing technologies. The Tech Road map
split the projects into 3 key areas:

 

 1. Customer
 2. Infrastructure
 3. Business

 

A new website (2015) shaped part of the strategy.

 

The Technology Roadmap shows the areas of work that were identified to
improve the use of technology in EL.

 

Release of Information

Documents Enclosed

 

1.   Technology Road Map - - Improve the Use of Technology in EL 2015

2.  Tech Road Map Detail 19.09.16

3.  Tech Digital Strategy Presentation July 17 – A Framework for decision
making

4.  eBook_v2_edited_accepted_LR_Part1

5.  eBook_v2_edited_accepted_LR_Part2

 

Please also see Question 4 - Release of Information above for supporting
documentation / minutes surrounding decision making on Technology
projects.

 

Application of Exemptions

Section 38 (1) (b) Personal Data

The information that you asked for regarding decision making documents and
internal correspondence/minutes etc will not be fully released. Under the
terms of the Act, a request for information can be refused where one or
more exemptions listed in the legislation apply.

In this instance, Edinburgh Leisure is applying the following exemption to
the supplied information (see below) that you have requested: S38 (1) (b)
Personal Information (third parties).

We have provided the documents outlined below in our response which
provides information on our Tech Board and decision made around technology
projects however we have redacted the names of all Edinburgh Leisure staff
and third parties from the documents enclosed. The redacted names are of
Edinburgh Leisure and third-party personal who have not consented to the
release of their personal data.

Please note that this response constitutes a formal refusal notice under
section 16 of the Freedom of Information (Scotland) Act 2002.

 

Documents Enclosed

 

6.  Tech Map info_Redacted (2016)

7.  FOH & Technology Board 18.05.15_Redacted

8.  JP264BC – Notes from Tech Board & FOH Project Board – 18.5.15_Redacted

9.  Management Arrangements – FOH & Technology_Redacted

 

 

What to do if you are unhappy with the response

The three stages of appeal

If you are unhappy with our response, you can challenge it by following these 3
stages:

 1. You should first ask us to review our response.
 2. If you have already done this, you can appeal to the Commissioner.
 3. If you are unhappy with the Commissioner's decision, you can appeal to
the Court of Session (but only on a point of law).

You can find out more information on each of the stages on the Scottish
Information Commissioner’s website:

[5]https://www.itspublicknowledge.info/what...

 

Please see the following Appendix below (and attached) for information on
what to do if you are unhappy with our response, your right to ask us to
review our decision and how you can appeal to the Scottish Information
Commissioner.

Appendix 1 Your right to seek a review

Appendix 2 – Appeal to the Commissioner 

Appendix 3 – Appealing against the Commissioner’s decision.

See also:

Appendix 4 – Personal Information Exemption Statement

Further information about your rights and accessing information is
available on our website in the Freedom of Information Section. Click
[6]here to access.

 

Yours sincerely,

Jean Duncan

Information Compliance Section

 

Appendix

Freedom of Information (Scotland) Act 2002

What to do if you are unhappy with the response

Appendix 1: Your right to seek a review

If you have made a request and are unhappy with the response from us (or
have not had a response), you have the right to request a review from us.

You should ask for a review no later than 40 working days after the date
you received a response from us. If we did not respond at all, you have 40
working days after the end of the 20-working day period for responding to
your request.

How to ask for a review

You must request a review in writing or another form that can be kept for
future use such as email, letter, fax, audio, or video tape.

You should:

• Give your name and an address (email or postal) for correspondence
• Provide details of your original request
• Say why you want us to review how we handled your request.

If you have been given contact details for a review, you should write to
that person.

Please direct all review requests to [7][Edinburgh Leisure request email] for the
attention of Jean Duncan. You can do so by replying to this email.

The review will be conducted by an individual who has not been involved in
the original response – in this instance our Director of People.

If we simply have not responded, or have not provided details of our
review procedure, you can make your request for review to any member of
our staff.

Our Details:

Information Compliance Section

Edinburgh Leisure Head Office

Meadowbank Sports Centre

139 London Road,

Edinburgh

EH7 6AE

Telephone:   0131 458 2100

Email:          FOI Review Requests: [8][Edinburgh Leisure request email]

 

When you request a review from us, we must respond to you as quickly as
possible and, in all cases, within 20 working days.

You will receive a full response to your review request within 20 working
days of its receipt.

Please quote the reference number above in any future communications.

You can find our more information about your rights to review on the
Scottish Information Commissioner’s website:

[9]https://www.itspublicknowledge.info/aski...

 

Appendix 2: Appeal to the Commissioner

If you're still unhappy after the review stage, you can appeal to the
Scottish Information Commissioner.

You must make your appeal within 6 months of when you received (or should
have received) your review response, and your appeal must be "valid" - see
the guidance below on how to make a valid appeal.

Full guidance on making an appeal can be found on the Scottish Information
Commissioner’s website.

[10]Appeal to the Commissioner

 

How to make an appeal

The Scottish Information Commissioner recommend that you use their
application form which can be found on their website [11]here.

You don't have to use this method, but if you do it will help to make sure
you provide all of the information the Commissioner needs to investigate
your case quickly.

If you don't use the form, your appeal must be in a format that can be
kept for future use, for example, by email or post or in an audio or video
recording.

 

How to Appeal without A Form

Your application must be made in writing (letter or email), or any other
format which can be kept for future use e.g. an audio or video recording.
Here is a list of what you must provide:

About you

• Full name
• Address, including postcode
• Contact phone number
• Email address
• If you are making the request on behalf of someone else or an
organisation, their name
• How you would like us to contact you?

 

About your information request and your request for review

• The name of the authority you made your request to
• The date you made your request
• Did the authority respond to your request?
• The date of the authority’s response (if one was provided)
• Why you asked the authority for a review?
• Did the authority carry out a review and respond to you?
• The date of the authority’s response (if one was provided)

 

About your application

• Why you are unhappy with the way the authority responded to your
request for review.

 

Sending the Details to the Scottish Information Commissioner

• Email to: [12][email address]
• Post to: Scottish Information Commissioner, Kinburn Castle,
Doubledykes Rd, St Andrews, KY16 9DS

 

What is a valid appeal?

A valid appeal is one where you:

• have been through the authority's review procedure
• provide the Commissioner with the information needed to investigate
your complaint
• have told the Commissioner what you are unhappy with.

Your appeal is most likely to be valid if you use their [13]application
form.

Ask yourself all of the questions below to check if your appeal is valid.
Alternatively, you can [14]download our detailed guidance on making a
valid appeal.

 

You can find further information on making an appeal on the Commissioner’s
website. Click [15]here.

 

Appendix 3: Appealing against the Commissioner’s decision

If you are unhappy with a decision made by the Scottish Information
Commissioner, you may be able to take the matter to the courts or complain
to the [16]Scottish Public Services Ombudsman (the SPSO).

What you can do next

There are two options to consider if you are unhappy with the
Commissioner's decision. 

• Going to the courts
• Complaining to the Scottish Public Services Ombudsman

 

Further information can be found on the website.

 

[17]Appealing against our decision

 

Website [18]www.itspublicknowledge.info

 

Appendix 4

Personal Information Exemption Statement

Section 38 of the Freedom of Information (Scotland) Act 2002 (FOISA)
contains four exemptions, all relating to personal information. 
Information is exempt from disclosure if it is:

 a. the personal data of the person requesting the information (section
38(1)(a));
 b. the personal data of a third party – but only if other conditions
apply (section 38(1)(b);
 c. personal census information (section 38(1)(c)); or
 d. a deceased person’s health record (section 38(1)(d)).

The exemptions in sections 38(1)(a) and (b) regulate the relationship
between FOISA, the General Data Protection Regulation (GDPR) and the Data
Protection Act 2018. 

"Personal data" is defined in section 3(2) of the DPA 2018 as "any
information relating to an identified or identifiable living individual".
Section 3(3) of the DPA 2018 defines "identifiable living individual" as
"a living individual who can be identified, directly or indirectly, in
particular by reference to –

(a) an identifier such as a name, an identification number, location data
or an online identifier, or

(b) one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of the individual."

Disclosing the personal data within the documents enclosed would
contravene the data protection principles in Article 5 (1)(a) of the GDPR.
Article 5(1)(a) states that personal data shall be processed lawfully,
fairly and in a transparent manner in relation to the data subject.

Condition (a): consent 22.

Condition (a) states that the processing will be lawful if the data
subject has given consent to the processing of his or her personal data
for one or more specific purposes. 23. “Consent” is defined in Article 4
of the GDPR as- “… any freely given, specific, informed and unambiguous
indication of the data subject’s wishes by which he or she, by a statement
or by a clear affirmative action, signifies agreement to the processing of
personal data relating to him or her” 24.

 

 

 

 

Jean Duncan Edinburgh
Information Compliance Leisure
[email address] Head
[19]www.edinburghleisure.co.uk Office,
Meadowbank
Sports [20]Facebook [21]Twitter [22]Instagram [23]Apple [24]PlayStore
Centre App [25][IMG]
139 London
Road
Edinburgh
EH7 6AE
Tel: 0131
458 2100

 

══════════════════════════════════════════════════════════════════════════

Edinburgh Leisure is a charity (registered in Scotland No. SC027450) on a
mission to help people lead more active, healthy lives.

The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error please contact the sender and
destroy any copies of this information.

Go green keep it on your screen

From: FOI
Sent: Monday, January 8, 2024 10:57 AM
To: Kevin P Donovan <[FOI #1066941 email]>; FOI
<[Edinburgh Leisure request email]>
Subject: RE: Freedom of Information request - Technology Provider
Selection for Public-Facing Website, Coaching Portal, Online Booking
Website, and Mobile App
Importance: High

 

Date:                   08.01.24

 

Our ref:               ELIR00393

 

Dear Kevin P Donovan

 

Freedom of Information (Scotland) Act 2002 - Acknowledgement of Request

 

Subject: Technology Provider Selection for Public-Facing Website, Coaching
Portal, Online Booking Website, and Mobile App

 

Thank you for your request for information on 07.01.24 which was received
on 07.01.24. In your request, you asked for:

 

Subject: Freedom of Information Request - Technology Provider Selection
for Public-Facing Website, Coaching Portal, Online Booking Website, and
Mobile App

 

Dear Edinburgh Leisure,

 

I trust this message finds you well. Pursuant to the Freedom of
Information (Scotland) Act 2002, I am submitting a request for information
pertaining to the decision-making process regarding the selection of the
technology provider(s) responsible for the development and management of
Edinburgh Leisure's public-facing website, Coaching Portal, Online Booking
website, and mobile app.

 

To facilitate the request efficiently, I would appreciate your assistance
in providing the following information:

 

Request for Proposals (RFP): Copies of the Request for Proposals or
equivalent documents issued by Edinburgh Leisure for the selection of a
technology provider for the public-facing website, Coaching Portal, Online
Booking website, and mobile app.

 

Tender Submissions: A summary list of the companies or individuals who
submitted tenders in response to the RFP, without requiring the provision
of copies of the full tenders at this stage.

 

Evaluation Criteria: A concise overview of the evaluation criteria and
processes employed by Edinburgh Leisure in the assessment of the tenders
received.

 

Decision-Making Documentation: Documents summarizing the decision-making
process leading to the selection of the technology provider(s) for the
specified platforms, including high-level minutes or decision summaries.
This should encompass internal correspondence related to the
decision-making process and any correspondence with eventual suppliers.

 

Contractual Agreements: Details of the contractual agreements or
arrangements between Edinburgh Leisure and the selected technology
provider(s).

 

Additional Relevant Information: Any supplementary information related to
the technology provider selection process that may contribute to
understanding the decision-making rationale.

 

In accordance with the Freedom of Information legislation, I understand
that there may be costs associated with fulfilling this request. To ensure
the most efficient use of resources, please inform me of any potential
fees or, if necessary, assist in narrowing down the scope of the request
within reasonable limits.

 

For transparency and accessibility, I request that responses be provided
electronically. If feasible, kindly process this request via the
WhatDoTheyKnow platform.

 

I appreciate your attention to this matter and look forward to receiving
the requested information within the statutory timeframe.

 

Your request is being processed under the Freedom of Information
(Scotland) Act 2002.

 

You will receive the information requested within 20 working days unless
Edinburgh Leisure does not hold the information, or there is a reason for
it to be withheld. We will write to you in any event.

 

In some circumstances, a fee may be payable and if that is the case we
will let you know.

 

If you have any requirements regarding the format any information should
be supplied in, e.g., the language to be used, audio, large print and so
on, then please let me know.

 

If you have any queries or concerns, do not hesitate to get in touch.
Please quote the reference number above in any future communications.

 

To promote transparency and accountability, please note it is Edinburgh
Leisure’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through Edinburgh Leisure’s website and will not include your
personal details. The disclosure log is available here.

 

Further information about your rights and accessing information is
available on our website in the Freedom of Information Section.

 

Click here to access.

 

Yours sincerely,

Jean Duncan

Information Compliance Section

 

 

 

 

 

Jean Duncan

Information Compliance

 

Email: [26][email address] | Web:
[27]www.edinburghleisure.co.uk

Tel: 0131 458 2100 | Mob:

 

Edinburgh Leisure

Head Office, Meadowbank Sports Centre

Edinburgh

EH7 6AE

 

The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error please contact the sender and
destroy any copies of this information.

 

 

 

 

 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Kevin P Donovan please sign in and let everyone know.