Freedom of Information Request: 0010 2019/20
For each location providing dialysis services, please provide the following details:
Please enter the name of the location
Please see attached spreadsheet
Is the location a hub or satellite?
Please see attached spreadsheet.
If the location is a satellite, what is the associated hub?
Please see attached spreadsheet.
How many haemodialysis patients does the location cover?
How many peritoneal dialysis patients does the location cover?
How many home dialysis patients are served from this location?
Please see attached spreadsheet. Please note that we have provided a snapshot of the total number of patients covered by each hub, rather than individual figures for each hub and satellite. Please see note 1 below for further details.
Who provides the service – internal (NHS) or external (private provider e.g. Freseneus)?
Please see attached spreadsheet.
If internal:
Do you plan to publically tender this service?
If yes when do you plan to do this by? Please provide the year
Please see note 1 below.
If external:
What is the name of the provider who delivers the service?
When was the contract start date?
When is the contract expiry date?
If there is an extension period to this contract?
How long is the extension period in years?
What is the total value of the contract, in pounds?
Please see note 1 below.
How many dialysis stations does the centre have?
Please see attached spreadsheet.
How many days per week is the centre open?
Please see attached spreadsheet.
How many sessions per day can the centre do?
Please see attached spreadsheet.
How many sessions per week does the centre do on average?
Please see attached spreadsheet.
Note 1
The Trust does hold this information, however, we are withholding it under section 43 (2) (commercial interests) of the Freedom of Information Act: The Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
Section 43(2) (Commercial Interests)
The Trust considers this information is commercially sensitive in nature. This information could be used by competitors to gain a significant unfair advantage when products are put out to re-tender.
Section 43(2) is a qualified exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.
Public Interest Test
Considerations in favour of disclosure:
- The public need to know that we are spending public money wisely and getting best value, without fear or favour.
- The need for public authorities to be transparent in their dealings.
Considerations against disclosure:
- Disclosing this information would likely give the provider organisations competitors a significant unfair advantage during re-procurement.
- It could weaken the Trust’s position as potential companies would not have confidence that the Trust would keep sensitive financial data private.
- This could prejudice the Trust’s ability to obtain best price and value.
- It could reduce pricing innovation in tendering parties’ bids when the service is put out for re-procurement.
- The inherent public interest in avoiding prejudice to the provider organisation and the Trust.
Conclusion
The Trust recognises that there is a public interest in the disclosure of information which facilitates the accountability and transparency of public bodies for decisions taken by them. However, there is also a public interest in the Trust being able to work within competitive markets where that results in a financial or resource benefit which is put to the wider public interest. Having undertaken the balancing exercise, the Trust has concluded that the public interest in maintaining the exemption outweighs the public interest in disclosing the requested information, having regard to the effect that the disclosure of the information would not be in the public interest.
Given that the definition of ‘public’ under the Act is considered to be the public at large, rather than just the individual applicant or a small group of people and that ‘public interest’ is not necessarily the same as what interests the public, it is considered that to release this sensitive information into the public domain is likely to result in prejudice to the commercial interests of both the Trust and the supplier organisation which is not outweighed by the wider public interest for disclosure.
