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FOI request (FOIR-122854585)
Temporary Accommodation
Requested Wed 05 June 2019
Responded Tue 18 June 2019The Requested Information
Temporary accommodation has two core functions. It is provided by the councils to provide immediate relief for households, while councils investigate whether they are legally homeless. It is also acts as a stopgap until councils are able to find settled accommodation for homeless households.
Council’s often retain lists of suppliers or have an approved list of suppliers of temporary accommodation. This could also be defined as a supplier framework of enrolled and accredited companies or individuals that provide temporary accommodation to the council. Shelter would like to understand who councils are procuring temporary accommodation from, and the level at which they are procuring it.
Council’s may often also use their own stock of Temporary Accommodation to provide housing for households. In these instances, they may contract other agencies to manage accommodation on their behalf.
The request
I would like to request:
1. The current list of approved suppliers of temporary accommodation that the council will use to procure from.
If the council do not hold a list of approved suppliers I would like to request:
2. The full list of suppliers of temporary accommodation that was procured from in the financial year 2018-19. If data for 2018-19 is not yet available, then this should be provided for 2017-18.
If the Council uses contractors to manage their own stock of Temporary Accommodation I would like to request:
3. The current list of approved contractors used to manage temporary accommodation that the council will use to procure from.
If the council do not hold a list of approved contractors I would like to request:
4. The full list of contractors used to manage temporary accommodation that was procured from in the financial year 2018-19. If data for 2018-19 is not yet available, then this should be provided for 2017-18.
For suppliers of temporary accommodation, I would like to request:
5. For the financial year 2018/19 the total actual spend with each supplier.
6. For the financial year 2017/18 the total actual spend with each supplier.
7. For the financial year 2016/17 the total actual spend with each supplier.
If data is not available for 2018/19 then I would request the most recent three years when data is available.
For contractors who are used to manage the council’s own supply of temporary accommodation, I would like to request:
8. For the financial year 2018/19 the total actual spend with each contractor.
9.For the financial year 2017/18 the total actual spend with each contractor.
10. For the financial year 2016/17 the total actual spend with each contractor.
If data is not available for 2018/19 then I would request the most recent three years when data is available.
If your organisation does not hold the specific information described at any question I respectfully request that you provide any information it does hold from which these figures may be calculated. This could include any one database, spreadsheet or word document holding data relating to payments to suppliers of temporary accommodation for the last three years. Please share this excluding any information which could be considered personal information under the Data Protection Act.
Response
Q1 - Information not held - Hastings Borough Council does not hold a list of approved suppliers.
Q2 NOTICE OF REFUSAL Please note that I consider the information you have requested regarding a full list of suppliers of temporary accommodation to be exempt information under Section 31(1)(a) of the Freedom of Information Act in that disclosure of that information would be likely to prejudice the prevention or detection of crime. Also Section 38 - Health and Safety - Information where disclosure of information would or would be likely to endanger 1.1 The physical or mental health of an individual and 1.2 The safety of an individual The exemption afforded by Section 31(1)(a) and Section 38 is subject to what is known as the ‘public interest test’. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.
Although the Freedom of Information Act does not define ‘in the public interest’, there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case. We have identified the following public interest factors that may be seen as encouraging the disclosure of information: A) furtherance of understanding and participation in the public debate of issues of the day.
B) promotion of accountability and transparency by public authorities in the decision they make and the spending of public money.
C) allowing individuals and companies to better understand decisions made by public authorities which affect their lives.
D) bringing to light information affecting public health and safety. We consider these factors to be generally of limited or no relevance in relation to the information in question. Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions: A) that there is no evidence of a wider public (rather than individual) interest in disclosure
B) to protect vulnerable individuals.
C) to protect the safety of an individual.
D) to protect information that would make a public authority more vulnerable to crime.
E) that the nature of such prejudice is real and substantial and that there is a real and significant risk of such prejudice.
F) that the motives behind the request (albeit not provided to us) have no relevance since disclosure would mean the information would be in the public domain. In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.Q3 - We do not use contractors.
Q4 - We do not use contractors.
Q5-7 - As per Q2 the details of the provider has been refused however, please see below the total spend for financial years requested:
2018/19 - £1,229,592.16
2017/18 - £926,080.15
2016/17 - £543,911.48
Q8-10 - We do not use contractors
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