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FOI request (FOIR-809867888)
Outsourcing and contract management (waste collection and street cleansing)
Requested Tue 10 March 2026
Responded Wed 01 April 2026Council’s arrangements for the outsourcing and management of waste collection and street cleansing services, including any recent contract changes or financial pressures reported in the local press.
Please provide the following information covering the period from 1 January 2022 to the present:
1. All datasets or spreadsheets tracking payments, budget allocations, and actual expenditures for outsourced waste collection and street cleansing services, including any associated council-owned companies or joint partnership vehicles.
2. Copies of all signed contracts or service level agreements between Hastings Borough Council and its waste management contractors during this period, including any contract variations, extensions, or termination notices.
3. Copies of procurement documents (such as tenders, evaluation criteria, invitation to tender documents, and scoring matrices) associated with the appointment of waste collection and street cleansing contractors since January 2022.
4. All internal reports or briefing papers regarding the performance, financial stability, or risk management of current waste management contractors or council-owned companies delivering these services (including any assessments made in response to the council’s recent budget reviews or financial challenges).
5. Minutes of all Council meetings (including Cabinet, Committee, and working group meetings) where the status or performance of waste collection and street cleansing contracts were discussed, or where decisions were made regarding procurement, budget changes, or service reviews for these services.
6. Copies of all correspondence and emails (redacted as necessary) between senior council officers, councillors, and representatives of the current or previous waste contractors, including communications about contract compliance, financial negotiations, performance concerns, or potential contract renegotiation.
7. Copies of all correspondence and records of meetings (including notes, agendas, or presentations) between the Council and partner organisations (such as East Sussex County Council or neighbouring district councils) in relation to joint waste management procurement, service delivery sharing, or responses to any contractor performance or financial issues.
8. All policy review documents or internal/external audits carried out since January 2022 relating to the council’s approach to outsourcing, contract management, or contingency planning in the event of contractor failure in waste collection or street cleansing.
Response
NOTICE OF REFUSALExpected costsThe primary reason for the refusal of the Freedom of Information request is Section 12 Freedom of Information Act 2000.The expected costs due to the broad nature of this request would far exceed the cost limit set by the Information Commissioner. The Freedom of information Act 2000 provides an exemption from the obligation to comply with a request for information if the estimated costs of complying with that request would exceed the prescribed appropriate limit. We estimate that the costs of complying with your request would exceed the appropriate limit by a significant amount.These costs would include searching through records, checking all documents to ensure their contents do not contain sensitive material, redacting any sensitive material and providing this material in the response.The appropriate limit for public authorities such as local authorities is £450. This equates to 18 hours work at £25 per hour.This cost will include:- the cost of compliance (the costs allowed in calculating whether the appropriate limit is exceeded); plus
- the communication costs; plus
- £25 an hour for staff time taken for printing, copying or sending the information.
Initial research undertaken just within the records of the Waste and Recycling team at Hastings Borough Council has taken approximately 5 hours. It is already apparent that reviewing these records to find the requested details would take at least a further 10-15 hours and these records would then have to be reviewed and redacted where necessary.Records would then need to be checked for other areas of Hastings Borough Council.Commercial sensitivityAdditionally, the contracts, tenders, financial assessments, risk papers and correspondence with contractors are commercially sensitive and fall under Section 43(2) Freedom of Information Act 2000.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 spendingWe 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 fairlyb) damage to reputation, commercial operations and financial interestsIn 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.Personal dataPersonal data for Hastings Borough Council and Biffa staff are exempt under Section 40(2) Freedom of Information Act 2000. This is an absolute exemption.Provision of this data is unlawful (or unfair) and:- disclosure would contravene the data protection principles under data protection legislation (first condition); or
- disclosure would contravene a valid objection to the processing of personal data (second condition); or
- the data is exempt from the right of access under data protection legislation (third condition).
Council MeetingsThe following information is already accessible and in the public domain.Under Section 21 Freedom of Information Act 2000 I can confirm the data is held but will not be provided as it is already in the public domain.5. Minutes of all Council meetings (including Cabinet, Committee, and working group meetings) where the status or performance of waste collection and street cleansing contracts were discussed, or where decisions were made regarding procurement, budget changes, or service reviews for these services.This information is available at Hastings Borough Council news and updates. - the cost of compliance (the costs allowed in calculating whether the appropriate limit is exceeded); plus
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