FOI request (FOIR-337731687)

Facilities Management

Requested Wed 26 May 2021
Responded  Mon 12 July 2021

I would like the organisation to review my freedom of information request below, that is focused around contract data for services around facilities management.

1. Lift service and maintenance - Service contract for lift service and maintenance.

2. General waste services contracts - The organisation's primary general waste service contract.

Contract profile questionnaire for each type of contract:

1. Supplier/Provider of the services

2. Total Annual Spend - The spend should only relate to each of the service contracts listed above.

3. A description of the services provided under this contract please includes information if other services are included under the same contract.

4. The number of sites the contract covers

5. The start date of the contract

6. The end date of the contract

7. The duration of the contract, please include information on any extension periods

8. Who within the organisation is responsible for each of these contracts? Name, job title, contact number and email address

You may have received the same request in the past. The information sent has now expired and I required an update as soon as possible. If all the information besides the contract dates are the same, I am happy to just receive an update on the contract dates.

Response

It is not the council's policy to provide details about the contracts for the reason provide below in our refusal notice. However, if you have any further enquiries in relation to these contracts, you may email procurement@hastings.gov.uk.

NOTICE OF REFUSAL

The information you have requested in respect of our lifts and waste contracts are commercially sensitive and fall 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.