FOI request (FOIR-168024230)

Under the Freedom of Information Act 2000, please could you provide us with the following for your local authority:

1.  A full list of vehicles owned or leased by the local authority:

For each vehicle please include the following:

• The make and model of vehicle

• If the vehicle is owned or leased

• Which team or department the vehicle is primarily used by

• Which location the vehicle is primarily based at

• When the procurement contract for this vehicle is set to expire or be renewed.

• The date when the next cycle of vehicle procurement will begin or if this is an ongoing process.

   

• Does your local authority have responsibility for delivering recycling and refuse services (e.g. bins)?

• If so, is that service delivered in-house by the council or outsourced to a contractor/contractors?

• If outsourced, please provide the name of the contractor or contractors delivering the service.

• When the procurement contract for this service is set to expire or be renewed and whether there are any break clauses or dates within the contract.

   

• Does your local authority have responsibility for delivering road maintenance services and street lighting services?

• If so, is that service delivered in-house by the council or outsourced to a contractor/contractors?

• If outsourced, please provide the name of the contractor or contractors delivering the service.

• When the procurement contract for this service is set to expire or be renewed and whether there are any break clauses or dates within the contract.

   

• Does your local authority have responsibility for delivering leisure centre services?

• If so, is that service delivered in-house by the council or outsourced to a contractor/contractors?

• If outsourced, please provide the name of the contractor or contractors delivering the service.

• When the procurement contract for this service is set to expire or be renewed and whether there are any break clauses or dates within the contract.

   

NOTICE OF REFUSAL

The information requested in relation to contractual information 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 organisations 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.