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.
For the purposes of this request we have answered on behalf of the whole Trust.
1. Thank you very much for your response. Just to be sure how these pre contracted agreements are calculated is there a calculation formula attached
So for example mileage i.e. cost per mile
Basic vehicle types
Staff
Charges from suppliers are based on a formula which incorporates vehicle type, number of staff in the vehicle and mileage band.
2. So how would you calculate a cost of a journey such a two staff travelling 17 miles in a transport vehicle that is wheelchair accessible and what would be the cost if it travelled 28 miles what would be that cost and how it is calculated with the suppliers.
To calculate the cost of a specific journey, details would be recorded and input into the formula above.
In relation to costs involved, the Trust does hold this information. 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 the information contained in contracts with suppliers to be 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 of the products.
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• 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.
The organisation now responsible for procuring non-emergency patient transport for patients attending UHB NHS Foundation Trust is NHS Birmingham and Solihull CCG.
Should you wish to contact them direct please:
Write to: Head of Information Governance, Birmingham and Solihull CCG, Bartholomew House, 142 Hagley Road, Birmingham, B16 9PA.
Email: bsol.foi@nhs.net
We can confirm that the Trust does procure services for secure mental health transport.
