Bit of help with FOI request needed

Myriddin

Hoping someone can put me on the right track.

I've made an FOI request for a copy of the contract between an NHS hospital and the PPC that manages the hospital site. This is to prepare for Union involvement over staff permit holders being harassed with multiple tickets, debt collector and good ol' Graham White threats of legal action.

The reply I've got back refers to the FOI pertaining to recorded information only, and not to the actual document (pursuant to sec 84) and asking me to be specific over what info I require.

Is this correct? And, if so, some pointers on the type of info I should request would be appreciated.

Thanks in advance

kirkbyinfurnesslad_2

Someone on here managed to see the contract recently between some nhs trust and UKPC

Cant remember who or where

Others will have a better memory that isnt like a sieve

peter_the_piper

https://forums.moneysavingexpert.com/discussion/4636077

This is the one kirkby is referring to, suggest pm poster.

headpin

You are entitled to a copy of the contract, possibly redacted if there is commercially sensitive information contained therein. Part II of the Act indicates what information is not subject to the Act. The contract would not fall in to any category under Part II

Suggest you write back saying that the Act entitles you to a copy of the contract and that if they do it provide it to you then you will have no alternative but to contact the Information Commissioners Office to report their non compliance with the FOI?

waamo

Point out this to them:

"The Information Tribunal has confirmed that information contained in a contract between a public authority and a third party represents the conclusion of negotiations between the two parties, and as such is jointly created rather than being obtained by the public authority from the contractor. It is therefore not confidential information."

http://www.ico.org.uk/for_organisations/gu...3_07_03_08.ashx

Even if it did have a Section 41 exemption there are a number of circumstances in which the release of the information is justified, they include:

"• information revealing misconduct/mismanagement of public funds

• information which shows that a particular public contract is bad value for money

• where the information would correct untrue statements or misleading acts on the part of public authorities or high-profile individuals

• where a substantial length of time has passed since the information was obtained and the harm which would have been caused by disclosure at the time the information was obtained has depleted"

http://www.justice.gov.uk/downloads/inform...emption-s41.pdf

Myriddin

Thanks for the suggestions everyone.

I've fired off a further e-mail to the hospital as follows:

[FONT=&quot]To clarify, it is a copy of the actual contract between **** Hospital and ***** Parking that I require as I wish to view the information the document contains in its entirety.[/FONT]

[FONT=&quot]I believe that [/FONT][FONT=&quot]IPSA v Information Commissioner[/FONT][FONT=&quot] (EA/2012/0242) clearly indicates that this is a valid request and would therefore draw your attention to para 10 (i) of the Commissioner's written submissions to the Tribunal:[/FONT]

[FONT=&quot]"The Commissioner recognised that FOIA is drafted so [/FONT]
[FONT=&quot]as to provide a right to information rather than [/FONT]
[FONT=&quot]documents. FOIA requires, however, that (subject to [/FONT]
[FONT=&quot]exemptions) the public authority communicate all of the [/FONT]
[FONT=&quot]information within the scope of a request. In most cases [/FONT]
[FONT=&quot]involving requests for copies of particular documents, [/FONT]
[FONT=&quot]this obligation is to be met by disclosing copies of the [/FONT]
[FONT=&quot]actual documents. In other words, extracts or [/FONT]
[FONT=&quot]transcripts will often not capture all of the recorded [/FONT]
[FONT=&quot]information contained in the relevant document.[/FONT][FONT=&quot]"[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Will wait patiently and see what happens next!
[/FONT]