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Reply to Council to Clarify the Request
gmail.com>
Mon, Mar 10, 12:01 PM to FOI
Dear Belinda,
Thanks for your response email, which is somewhat disappointing.
The request was -
Copies of pre-contract review details relating to the decisions to outsource the services awarded to the following providers as opposed to the option of an in-house provision of the services. The details would include the reasons for the ultimate decision as outlined in the extract from the UNISON document copied
below.
To simplify the information, albeit I believe it is clearly stated above, together with the extracted text from the Unison document, it relates to the rationale behind the decision to a) provide the service ‘in-house’ or b) outsource it to a third party.
This is not sensitive information, and sections 42 and 17 do not apply; it relates to policy decisions to either a) provide the service ‘in-house’ or b) outsource it to a third party. It is undoubtedly in the public interest to verify that employing third-party agencies, particularly in social care, is the correct solution.
It is no exaggeration to assert that SMBC is facing considerable shortcomings in its current financial position and increasing national misgivings about using care agencies in social care. I believe there is scope for significant improvement in this service area, which would incorporate considerable financial savings.
I am perfectly happy to receive copies of the redacted documents that include only the rationale—if one exists behind the a) or b) decision—or at the very least a summary of the rationale used.
Regarding the request and clarification on the purpose of Hays Specialist Recruitment Ltd.’s temporary staff within Adult Social Services, I am seeking to understand the specific roles these agency personnel members fulfil. For instance, are they cleaners, care providers, social workers, or other roles?
To that end and to simplify, please identify the service proved, line by line, by Hays Specialist Recruitment Ltd on invoice 1758639 dated 12 July 2024, valued at £194,783.29, and invoice 1757129 dated 5 July 2025, valued at £220482.05, copy attached. You originally provided copies in response to request 11414604 in September last year.
I look forward to hearing from you shortly.
Thanks
gmail.com>
Mon, Mar 10, 12:01 PM to FOI
Dear Belinda,
Thanks for your response email, which is somewhat disappointing.
The request was -
Copies of pre-contract review details relating to the decisions to outsource the services awarded to the following providers as opposed to the option of an in-house provision of the services. The details would include the reasons for the ultimate decision as outlined in the extract from the UNISON document copied
below.
To simplify the information, albeit I believe it is clearly stated above, together with the extracted text from the Unison document, it relates to the rationale behind the decision to a) provide the service ‘in-house’ or b) outsource it to a third party.
This is not sensitive information, and sections 42 and 17 do not apply; it relates to policy decisions to either a) provide the service ‘in-house’ or b) outsource it to a third party. It is undoubtedly in the public interest to verify that employing third-party agencies, particularly in social care, is the correct solution.
It is no exaggeration to assert that SMBC is facing considerable shortcomings in its current financial position and increasing national misgivings about using care agencies in social care. I believe there is scope for significant improvement in this service area, which would incorporate considerable financial savings.
I am perfectly happy to receive copies of the redacted documents that include only the rationale—if one exists behind the a) or b) decision—or at the very least a summary of the rationale used.
Regarding the request and clarification on the purpose of Hays Specialist Recruitment Ltd.’s temporary staff within Adult Social Services, I am seeking to understand the specific roles these agency personnel members fulfil. For instance, are they cleaners, care providers, social workers, or other roles?
To that end and to simplify, please identify the service proved, line by line, by Hays Specialist Recruitment Ltd on invoice 1758639 dated 12 July 2024, valued at £194,783.29, and invoice 1757129 dated 5 July 2025, valued at £220482.05, copy attached. You originally provided copies in response to request 11414604 in September last year.
I look forward to hearing from you shortly.
Thanks
Searchable of Above Document (s)
Freedom of Information Act 2000
Further to your request for information that we received on 22 October 2024, please
find our response below. You asked:
Would you please provide a list of current contracts that SMBC has with the
above provider together with details of -
Current contracts are – Sol 6361/4 CWS Older Peoples Specialist
Provision and SOL 6361/1 CWS Community Advice Hub
Date of Contract
Both contracts started on 1st April 2019.
Length of Contract
CWS Older Peoples Specialist Provision is for 4.5 years and will currently
end on 30th September 2025. CWS Community Advice Hub is for 7 years
and will currently end on 31st March 2026. Both contracts have been
subject to extension CCN’s.
Purpose / Overview of the Provision
Full details of specifications for each service are in the attached
contracts.
Value of Contract if Specified
CWS Older Peoples Specialist Provision had an initial contract value of
£185,053.00. CWS Community Advice Hub had an initial contract value of
£777,904.00.
The names and titles of SMBC negotiating/contracting officer(s)
Mark Clarke is the current Contracts Officer for both contracts.
The name of the signatory of the Contract on behalf of the council.
Elizabeth Welton, the then Head of Shared Procurement Service, signed
off both contracts
A full copy of the contract for the provision of the Community Advice Hub
located at the library
Please see attached
Please note it has been necessary to withhold a small amount of the
information requested. This has been done to protect the personal information
of third parties and the Council is, therefore, relying upon Section 40(2) of the
Freedom of Information Act (FoIA) which provides an exemption from
disclosure where it would breach Data Protection legislation. In this case it is
felt that the fairness element of the first principle would be breached by
disclosure.
FoIA contains a number of exemptions that can be applied to protect
information that if disclosed, would cause harm or prejudice.
The Council always seeks value for money and makes every effort to promote
fair competition. Your request for the full contracts has been carefully
considered and it has been determined that some of the information asked for
is commercially sensitive. Its release would be prejudicial to our existing
providers in any future tenders they participate in, either with Solihull MBC or
other Local Authorities; as well as on the private market. Providing their
contractual rates would provide competitors with commercially sensitive data,
which could be used to gain a competitive advantage. This in turn may prevent
the Council from achieving best value for council tax payers.
The Council is relying upon Section 43(2) which provides an exemption from
the need to release information where doing so would be likely to prejudice the
commercial interest of any party. The public interest in disclosing this
information has also been considered. It has been determined that there is little
public interest in undermining the Council’s ability to secure best value for
future contracts into which it will enter. This acts as a refusal notice under
Section 17 FoIA.
We trust this information is of interest and assistance. However, if you are dissatisfied
with the response you have received or wish to make a complaint about how your
request has been handled under the legislation, you should write to the following
address or reply to the email to which this letter is attached:
Corporate Information Governance Manager
Resources Directorate
ICT and Information Governance
Council House, Manor Square
Solihull, West Midlands
B91 3QB
This should be submitted to us within 40 working days of receipt by you of this
response. Any requests received after this time will be considered at the discretion of
the Corporate Information Governance Manager.
If having exhausted the review process you are not content that your request or
review has been dealt with correctly, you have a further right of appeal to the
Information Commissioner's Office (ICO) for a decision. Generally, the ICO will not
make a decision until you have exhausted the complaints procedure provided by the
council. The Information Commissioner can be contacted at: Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 0303 123 1113 (local rate) or 01625
545 745 (national rate). Website: www.ico.org.uk.
Yours faithfully
Belinda Swinbank
Information Governance Assistant
Information Governance
Freedom of Information Act 2000
Further to your request for information that we received on 22 October 2024, please
find our response below. You asked:
Would you please provide a list of current contracts that SMBC has with the
above provider together with details of -
Current contracts are – Sol 6361/4 CWS Older Peoples Specialist
Provision and SOL 6361/1 CWS Community Advice Hub
Date of Contract
Both contracts started on 1st April 2019.
Length of Contract
CWS Older Peoples Specialist Provision is for 4.5 years and will currently
end on 30th September 2025. CWS Community Advice Hub is for 7 years
and will currently end on 31st March 2026. Both contracts have been
subject to extension CCN’s.
Purpose / Overview of the Provision
Full details of specifications for each service are in the attached
contracts.
Value of Contract if Specified
CWS Older Peoples Specialist Provision had an initial contract value of
£185,053.00. CWS Community Advice Hub had an initial contract value of
£777,904.00.
The names and titles of SMBC negotiating/contracting officer(s)
Mark Clarke is the current Contracts Officer for both contracts.
The name of the signatory of the Contract on behalf of the council.
Elizabeth Welton, the then Head of Shared Procurement Service, signed
off both contracts
A full copy of the contract for the provision of the Community Advice Hub
located at the library
Please see attached
Please note it has been necessary to withhold a small amount of the
information requested. This has been done to protect the personal information
of third parties and the Council is, therefore, relying upon Section 40(2) of the
Freedom of Information Act (FoIA) which provides an exemption from
disclosure where it would breach Data Protection legislation. In this case it is
felt that the fairness element of the first principle would be breached by
disclosure.
FoIA contains a number of exemptions that can be applied to protect
information that if disclosed, would cause harm or prejudice.
The Council always seeks value for money and makes every effort to promote
fair competition. Your request for the full contracts has been carefully
considered and it has been determined that some of the information asked for
is commercially sensitive. Its release would be prejudicial to our existing
providers in any future tenders they participate in, either with Solihull MBC or
other Local Authorities; as well as on the private market. Providing their
contractual rates would provide competitors with commercially sensitive data,
which could be used to gain a competitive advantage. This in turn may prevent
the Council from achieving best value for council tax payers.
The Council is relying upon Section 43(2) which provides an exemption from
the need to release information where doing so would be likely to prejudice the
commercial interest of any party. The public interest in disclosing this
information has also been considered. It has been determined that there is little
public interest in undermining the Council’s ability to secure best value for
future contracts into which it will enter. This acts as a refusal notice under
Section 17 FoIA.
We trust this information is of interest and assistance. However, if you are dissatisfied
with the response you have received or wish to make a complaint about how your
request has been handled under the legislation, you should write to the following
address or reply to the email to which this letter is attached:
Corporate Information Governance Manager
Resources Directorate
ICT and Information Governance
Council House, Manor Square
Solihull, West Midlands
B91 3QB
This should be submitted to us within 40 working days of receipt by you of this
response. Any requests received after this time will be considered at the discretion of
the Corporate Information Governance Manager.
If having exhausted the review process you are not content that your request or
review has been dealt with correctly, you have a further right of appeal to the
Information Commissioner's Office (ICO) for a decision. Generally, the ICO will not
make a decision until you have exhausted the complaints procedure provided by the
council. The Information Commissioner can be contacted at: Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 0303 123 1113 (local rate) or 01625
545 745 (national rate). Website: www.ico.org.uk.
Yours faithfully
Belinda Swinbank
Information Governance Assistant
Information Governance