Freedom of Information Request: 0880 2020/21

The Trust does hold all the information you have requested but we are withholding some of it for the following reasons:

Commercial Sensitivity: Value of Network Support Contract

Section 43 of the Freedom of Information Act 2000 (FOIA) provides,

“(2) 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).”

A commercial interest relates to a person’s ability to participate competitively in a commercial activity, with the underlying aim being to make a profit. The information you have requested is the commercial information of third parties and in order to apply section 43(2), the Trust must satisfy itself that disclosure of the information would, or would be likely to, prejudice or harm the commercial interests of any person (including the Trust).

The information you have requested is for the spend per supplier for the described podiatry and vascular therapy products detailed below. Disclosing this spend to the world at large would place direct elements of our suppliers’ pricing structures into the hands of competitors, which would prejudice their commercial interests.

Therefore S43 (2) of the FOIA is engaged as disclosure of the information requested would be likely to prejudice the commercial interests of the suppliers.

The Public Interest Test

Public interest in maintaining the exemption

Disclosing this information could:

• Cause unwarranted reputational damage to the Trust. Companies would not have confidence that the Trust would keep sensitive financial data private.
• Prejudice the commercial interest in the Trust’s ability to obtain best price and value.
• Reduce product pricing innovation for suppliers.

Public interest in disclosing the information

Public authorities should be transparent in their dealings in order that the public can be assured that public money is being spent wisely and best value is being sought without fear or favour.

The balancing exercise

In this instance the Trust feels the balance of public interest lies in withholding details of spend.

I am writing to you under the Freedom of Information Act 2000 to request the following information from the University Hospitals Birmingham NHS Foundation Trust.

I would like information on the spend on ready-made orthoses and podiatry products, orthotics services and other associated orthotics products.

In addition I would like the spend on Vascular therapy products such as AES Stockings, Compression Devices (IPC) and associated products.

Please provide a list of all suppliers of the above categories with spend details for 2018 and 2019 calendar year in the form of PDF or in excel.

We are withholding individual supplier spend under S43 (2) of the FOI Act as detailed above.

Suppliers