Dear Juliet

Reference Number FOI 2022 - 584

Thank you for your request for information about North West Anglia NHS
Foundation Trust.

We anticipate being able to respond within the specified timescale.​

In the meantime if you have any questions regarding this request please
contact us directly quoting the reference number above.

North West Anglia NHS Foundation Trust comprises of Peterborough City
Hospital, Hinchingbrooke Hospital and Stamford & Rutland Hospital.  The
Trust also provides community clinics at Princess of Wales Hospital in
Ely, Doddington Hospital and North Cambs Hospital in Wisbech.  Further
information is available via our website [1]www.nwangliaft.nhs.uk.

Any future requests should be addressed to North West Anglia NHS
Foundation Trust using the email address below.

FOI Team

North West Anglia NHS Foundation Trust

Email: [2][North West Anglia NHS Foundation Trust request email]

[3]www.nwangliaft.nhs.uk

This message may contain legally privileged, confidential, commercial or
patient information intended to be for the use of the individual (s) or
entity named above. If you are not the intended recipient, please advise
the sender and destroy all copies of the message as you would any other
confidential waste (shredding or incineration for printed-copies, deletion
for electronic copies). Please note that any dissemination, distribution
or copying of this message is strictly prohibited.

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Ref: FOI/2022/584

Dear Juliet

Thank you for your recent enquiry under the Freedom of Information Act.
Please find your response detailed in the attached document – NWAngliaFT
FOI 2022 – 584 response.

Further details relating to the information withheld under section 43

In accordance with section 17 of the Freedom of Information Act 2000 this
letter acts as a refusal notice, and as such North West Anglia NHS
Foundation Trust (“Trust”) is not obliged to supply the requested
information. The exemptions and the reasons for their application are as
stated below:

┌─────────────┬──────────────────────────────────────────────────────────┐
│Exemption │Reason │
├─────────────┼──────────────────────────────────────────────────────────┤
│Section 43(2)│Information is exempt if its disclosure would, or would be│
│ │likely to; prejudice the commercial interests of any │
│  │person (including the public authority holding it). │
└─────────────┴──────────────────────────────────────────────────────────┘

Exemption under Section 43(2)

Release of this information is likely to damage the confidence that
suppliers may have in the Trust.  This may have a detrimental effect on
the Trust’s commercial revenue through a reduction in our competitive
position or weaken our position in a competitive environment by revealing
commercially sensitive information or information of potential usefulness
to competitors.

It is our belief that the release of the requested information would, or
would be likely to; prejudice the commercial interests of the Trust.  In
particular, disclosure would make it less likely that companies or
individuals would provide the Trust with commercially sensitive
information in the future.  This would substantially prejudice the Trust’s
commercial interests by adversely affecting its bargaining position during
contractual negotiations.  This would undoubtedly result in the less
effective use of public money.  To paraphrase Information Commissioner’s
Office (ICO) guidance, the Trust asserts that there is a real possibility
that the circumstances giving rise to prejudice would occur, and that it
is not purely hypothetical.

A public interest test must be applied to the exemption for prejudice to
commercial interests.  There is no doubt that there is a legitimate public
interest in knowing the amount and way in which public time and effort are
spent, both to further the transparency and accountability of public
authority activities.  In this specific case there is also a public
interest in ensuring information is accessible.

We would counter nevertheless that there is also a public interest in
protecting the ability of public authorities to operate in a competitive
environment and obtain value for money for the public purse through
genuine and effective competition.  To disclose this information would
prejudice the Trust’s commercial position, and it is difficult to see how
this could be in the public interest.  Therefore we find that the public
interest is overwhelmingly in favour of withholding the requested
information.

Please note that this response has been provided within the 20 working day
timeframe as stipulated in the Act.

North West Anglia NHS Foundation Trust comprises of Peterborough City
Hospital, Hinchingbrooke Hospital and Stamford & Rutland Hospital.  The
Trust also provides community clinics at Princess of Wales Hospital in
Ely, Doddington Hospital and North Cambs Hospital in Wisbech.  Further
information is available via our website [1]www.nwangliaft.nhs.uk.

If you disagree with our decision or are dissatisfied with how we have
dealt with your request in the first instance you may contact me on the
following email address [2][North West Anglia NHS Foundation Trust request email] to request an
internal review.

Should you remain dissatisfied with the outcome you have a right under s50
of the Freedom of Information Act to appeal against the decision by
contacting:

Information Commissioner

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

Phone: 0303 123 1113

Email: [3][email address]

Yours sincerely

FOI Team

North West Anglia NHS Foundation Trust

Email: [4][North West Anglia NHS Foundation Trust request email]

[5]www.nwangliaft.nhs.uk

This message may contain legally privileged, confidential, commercial or
patient information intended to be for the use of the individual (s) or
entity named above. If you are not the intended recipient, please advise
the sender and destroy all copies of the message as you would any other
confidential waste (shredding or incineration for printed-copies, deletion
for electronic copies). Please note that any dissemination, distribution
or copying of this message is strictly prohibited.

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