FOI request (FOIR-136847846)

Please provide me under EIR with the following information concerning works carried out by the company  BdR (Civil and Structural Engineering) Ltd for HBC  in 2018:

Copies of all invoices received from BdR for work

Copies of all documents/reports produced by BdR

Copies of all quotes for work which have been put to tender

Please find enclosed copies of 4 invoices where Hastings Borough Council has asked for work to be carried out by BdR Civil and Structural Engineering Consultants in 2018.  Please note the title of all 4 invoices has been redacted for the reasons given below in our refusal notice.

Notice of Refusal

Hastings Borough Council holds 2 BdR reports within the timeframe however, these are being refused as both cases are still live and the release of the reports would prejudice the investigations, please see refusal notice below.

Notice of Refusal

Under Environmental Information Regulations the information requested is exempt under Exception 12(5)(b) The course of justice and inquiries

We have considered the following:

• The information will form part of the business of proceedings to reach a decision.

• This case is currently ongoing and requires the council to have fairness in negotiations

Notice of Refusal

Under Environmental Information Regulations the information requested is exempt under Exception 12(5)(d) Confidentiality of proceedings (Confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law).

We have considered the following:

• If disclosing the information would adversely affect the confidentiality of a public authority’s proceeding where confidentiality arises from common law.

• The information will form part of the business of proceedings to reach a decision.

Public Interest Test

Exception 12(5)(b) and 12(5)(d) is subject to a public interest test.  This means that a public authority can refuse to disclose information under these exceptions if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.

Factors for disclosure:

• Transparency and accountability

Factors against disclosure:

- The release of this information would prejudice the Council’s position

- Proceedings involve negotiations with another party, thus the information has a quality of confidence

 - The impact (beneficial or otherwise) of disclosure upon individuals and /or the wider public

-  The likelihood and severity of any harm or prejudice that disclosure could cause

-  The significance and sensitivity of the information

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.