FOI request (FOIR-788790989)

Under the Freedom of Information Act 2000, please provide the following information relating to the commissioning of the “Outreach and Move-On” service currently delivered by Southdown (or any successor organisation) within Hastings Borough:

1. The current contract(s) or service level agreement(s) between Hastings Borough Council and Southdown relating to outreach, rough sleeping, and/or “move-on” services.
2. The start date, end date, and any extension provisions for each contract.
3. The total annual cost of the service to the Council, and the total contract value.
4. The scope of the service as defined in the contract, including any wording that describes:
• “outreach” activity
• “rough sleeping”
• welfare or safeguarding checks
• engagement with people in vehicles
5. Any performance measures, KPIs, or outcome targets attached to the service.
6. Any guidance, policy, or operational framework supplied by the Council to Southdown regarding how and when outreach contact should be made (including time-of-day guidance).

NOTICE OF REFUSAL

The information you have requested in relation to Q1, 3 & 4 are 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 interest

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.