FOI request (FOIR-732992137)

Lightning Protection

Requested Mon 21 July 2025
Responded Thu 31 July 2025

I would like to request additional information relating to the design, installation, inspection and maintenance of any of the following systems:

a. Lightning protection

b. Surge protection

c. Earthing

Generally, spend relating to these services falls under Facilities Management, Property Services, Repairs & Maintenance, or Grounds Maintenance type cost centres.

Please could you provide the following information:

1. Who currently provides the above-mentioned services?

2. Is there an existing contract in place that governs the provision of these services?

3. If so, when is the current contract due to expire?

4. Is there an extension clause in the current contract?

5. What is the current contract value annually?

6. How was the contract awarded?

7. Who oversaw the contract award? Please provide a phone number/email address.

8. Is there any intention to release a tender for the above-mentioned services in the foreseeable future? If so, kindly provide an estimated timeline or relevant details.

If unable to provide details for these specific services, please provide information of which main contractor provides Hard FM services

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Response

Hastings Borough Council does not have a specific contract with any provider for lightning protection.

NOTICE OF REFUSAL

The information you have requested in relation to the company and costs used for lightning protection 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 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 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.