FOI request (FOIR-680542314)

Temporary Accommodation - approved suppliers

Requested Tue 21 January 2025
Responded Thu 13 March 2025

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 does 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 2023-24. If data for 2023-24 is not yet available, then this should be provided for 2022-23.

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 2023-24. If data for 2023-24 is not yet available, then this should be provided for 2022-23.

For suppliers of temporary accommodation, I would like to request:

5. For the financial year 2023/24 the total actual spend with each supplier.

6. For the financial year 2022/23 the total actual spend with each supplier.

7. For the financial year 2021/22 the total actual spend with each supplier.

If data is not available for 2023/24 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 2023/24 the total actual spend with each contractor.

9. For the financial year 2022/23 the total actual spend with each contractor.

10. For the financial year 2021/22 the total actual spend with each contractor.

If data is not available for 2023/24 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

NOTICE OF REFUSAL

The information you have requested in terms of suppliers used for temporary accommodation 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.

In addition to the above, we believe that the Sections 38(1)(b) is also engaged.

NOTICE OF REFUSAL

The information in relation to a list of suppliers used for temporary accommodation is exempt under Section 38(1)(b) of the FOIA 2000 – Health and Safety.

S38 allows public authorities to decline a request for information if it will endanger the safety of any individual. Under S38 we are not obliged to confirm or deny if we hold the information you have requested.

S38 is also subject to public interest test where public authorities have to consider if disclosing information is outweighed in cases where the health and safety of an individual or a group of individuals is put at risk.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a. transparency and accountability.

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. the safety of any individual.

b. information, which if disclosed, could predictably be used to or would otherwise harm the safety of a vulnerable individual or a group of individuals.

c. the safety of these individuals is paramount.

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.

Please see the attached document that provides how much has been spent. Names and providers have been redacted given the refusal notices above.

Attachments

• FOIR-680542314_FOIR-680542314_1-FOI680542314.xlsx