FOI request (FOIR-538023310)

Contract with Brighton and Hove Council

Requested Wed 09 August 2023
Responded Mon 18 September 2023

1. How long Hastings Borough Council has contracted Brighton and Hove Council to carry out Housing reviews on its behalf.

2. The legal contract between Hastings Borough Council and Brighton and Hove Council for the provision of these services.

3. At what level of the Council the decision to contract these services out was decided (that is, Director level or Councillor level).

4. The number of reviews that Brighton and Hove Council has carried out over the life of the contract to date (broken down by year if appropriate).

5. How much Hastings Borough Council has paid Brighton and Hove Council for services rendered under this contract to date (broken down by year if appropriate).

Response

1. November 2015

2. Refused - Please see below

3. Please see link to agenda and minutes for Cabinet 30 March 2015:

https://hastings.moderngov.co.uk/ieListDocuments.aspx?CId=130&MId=1278&Ver=4

See item 79 'Contracting Out Part VII Housing Act 1996 Functions'

4. Reviews carried out since November 2015 (243 total):

01/11/2015 to 31/03/2016 = 12

01/04/2016 to 31/03/2017 = 41

01/04/2017 to 31/03/2018 = 38

01/04/2018 to 31/03/2019 = 29

01/04/2019 to 31/03/2020 = 30

01/04/2020 to 31/03/2021 = 17

01/04/2021 to 31/03/2022 = 19

01/04/2022 to 31/03/2023 = 33

01/04/2023 to 31/08/2023 = 24

5. Refused - Please see below

NOTICE OF REFUSAL

The information you have requested in respect of questions 2 and 5 is commercially sensitive and falls under Section 43 of the Freedom of Information Act - Commercially Sensitive Information - Information prejudicing commercial interests - commercial interest relating to an organisation's commercial activity and may include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 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) accountability of public spending

We consider these factors to be of limited 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) ensuring that companies are able to compete for business fairly

b) damage to reputation and/or financial interests

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.

For the reasons given above, we will not be communicating to you the information you have requested.