Freedom of Information Act Internal Review: Mr D Paulley Ref: COM2472862

  1. Summary

Mr Paulley submitted a request for information about the Leonard Cheshire Disability (LCD) organisation and payments by social care funders, such as North Lincolnshire Council. The request was made on 30January 2015 as a request under the Freedom of Information Act.

The original request for information was assigned reference number INF2451632.

The council responded to the request but Mr Paulley considers that one of his questions has not been satisfactorarily answered.

The complaint was assigned reference number COM2472862. I have investigated Paulley’scomplaint, as I am required to do in accordance with the Council’s Information Complaints Policy and set out herein my report.

  1. The Request

Mr Paulley submitted a request under the Freedom of Information Act asking for information about the LCD organisation and payments by social care funders such as North Lincolnshire Council. The following questions were asked:

1)What representations Leonard Cheshire Disability (LCD) have made to the Council asking for increases in the fees paid for social care provided by them, in order to pay their carers the Living Wage.

2)Some idea as to the fees currently being paid by the Council to LCD for residential care, per resident per week. A range of fees or a set of anonymised figures of the fees perhaps. Other councils have opted to supply statistical median and range as they were concerned that individual fees could make it possible for people to have a guess at which residents had which fees.

3)Equivalent information for fees paid to other providers for residential care in care homes for people with physical impairments under the age of 65.

  1. Issue in dispute

Mr Paulley received a response from the council answering his three questions, as follows:

Question 1 answer - We have received a letter dated 16.12.14. We are currently in the process of looking at our fees and will be inviting providers to support this work.

Question 2 answer -Minimum - £307

Median - £634

Maximum - £869

NB: The figures used to calculate the above range, cover a broad spectrum of disability levels and requirements and are paid at different rates

Question 3 answer -Minimum - £383

Median- £469

Maximum - £804

NB: Fees paid are dependent on level of support requirements and are not paid at a standard rate, therefore like for like comparison is not possible.

Mr Paulley considers that the response provided for question one does not answer the question he asked and subsequently advised that he would like an internal view of his request.

  1. Methodology

I have considered the request looking at the relevant provisions of the Freedom of Information Act and the guidance and various decision notices issued by the Information Commissioner’s Office.

  1. Analysis

We initially considered that question one of the request was asking about whether any ‘representations’ had been made to the council by LCD. This question was answered by the council advising that a letter had been submitted by LCD. It is now understood that more information as to the contents of the letter submitted by LCD were being requested.

Section 43(2) of the Freedom of Information Act provides an exemption that could be applied when it is considered that to release the information would or would be likely to prejudice the commercial interests of a third party.

When applying the section 43(2) exemption a public interest test should be carried out to determine whether the public interest in withholding the requested information is greater than that to release it.

In this instance I consider that the Freedom of Information section 43(2) exemption would apply to providing any additional information in relation to question one and the contents of the letter submitted by LCD, meaning that it would be withheld. This is because providing details of the contents of the letter from LCD could harm LCD’s ability to fairly compete in any contract negotiations or tendering processes.

There is a requirement to carry out a Public Interest Test when applying this exemption. In this instance the public interest in withholding the information is considered greater than the public interest in releasing it, as to release the information could harm the contract negotiation or tendering processes, which must operate fairly.

  1. Decision

On balance, I consider that the council correctly answered question one of INF2451632, based on interepration at the time, but that any further information about the letter submitted by LCD would be withheld.

  1. Right of Appeal

This report constitutes the council’s formal response. If you are not satisfied with the response, you have the right to make a formal complaint to the Information Commissioner at the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phillipa Thornley

Principal Information Governance Officer

North Lincolnshire Council

Dated 23 April 2015

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