Freedom of Information Request: 0329
University Hospitals Birmingham NHS Foundation Trust (UHB) completed a merger by acquisition of Heart of England NHS Foundation Trust (HEFT) on 1st April 2018. UHB includes Birmingham Heartlands Hospital, the Queen Elizabeth Hospital Birmingham, Solihull Hospital and Community Services, Good Hope Hospital in Sutton Coldfield and Birmingham Chest Clinic.
Due to historical differences in data collection/reporting across UHB and the former Heart of England NHS Foundation Trust some responses have been provided by hospital site.
We are making a Freedom of Information (FOI) request with a view to gain an understanding of the current NHS provision in the following topics.
1. Current local tariff of every orthotics product provided by your trust.
The Trust does hold the current local tariff of every orthotics product provided by our Trust. However, we are withholding this information, under exemption 43 (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 local tariff of every orthotics product provided 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. In fact we are currently undertaking procurement activity in this area.
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 of the products.
- 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.
- Releasing the information in Schedule 3(a) would likely result in prejudice to the commercial interests of the provider organisation.
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.
2. The spending data and the volume of the orthotics devices within each of the below NHS-eClass categories for the past 5 years in .csv
Queen Elizabeth Hospital
Please see attached: FOI 0329 QEHB
Heartlands, Good Hope and Solihull Hospital
Please see attached: FOI 0329 HGS
3. The split between adult and children orthotics service within each or the below NHS-eClass categories for the past 5 years in .csv
We do not hold this information.
Category GA Artificial Limbs – External
GAA Lower Limb
GAF Upper limb (passive & mechanical)
GAG Myo electrics
GAH Liners & other socket materials
GAJ Coverings & cosmesis including gloves
GAK Artificial Limbs Other
GAP Artificial Limbs Associated Products
GAW Sundry Artificial limb components
GAX Artificial Limbs Repairs
Category GK Orthotic Products General
GKB Surgical Appliances General
GKC Misc MTM Orthoses
GKK Surgical Hosiery
GKX General Appliances Maintenance & Repairs
Category GL Orthotic Products Abdominal External
GLA Breast Prosthetics Bra Adaptations Abdominal Appliances Made to Measure Abdominal Appliances & Trusses
GLB Spinal supports back braces & spinal jackets
GLC Other Abdominal Supports
GLD Collars & Neck Supports
GLW Abdominal Appliances Fabric Supports Other Orthoses Repair
Category GM Orthotic Products Upper Limb External
GMA Upper Arm Appliances Lower Arm Appliances Full Arm Appliances Slings Splints & Harnesses
GMB Upper Limb Splints
GMX Upper Limb Appliances Repair
Category GN Orthotic Products Lower Limb External
GNA Appliances for hip knee below knee callipers foot ankle full leg harnesses
GNB Made to measure hip knee below the knee
GNC Lower Limb Splints
GNX Lower Limb Appliances Maintenance & Repair
Category GO Orthotic Products Footwear
GOA Appliance Machines Tools & Materials
GOB Footwear Made to Measure
GOC Footwear Modular
GOF Footwear Ready Made
GOX Footwear Adaptation Maintenance & Repair
