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FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-1110-2023
I write in connection with your request for information which was received on 8th December 2023 as follows:
For our company research, please could you confirm all of your current outsourced commercial training contracts that you have in place, the subject, theme, value and end date of contract.
By commercial training contracts, we mean any training that is outsourced to other organisations to deliver on your behalf and not delivered internally by your own L&D and/or training team.
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience this may have caused you. Please find the Warwickshire Police response set out below.
Response: Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police, when refusing to provide information (because the information is exempt), to provide a notice to the applicant which
(a) states that fact,
(b) specifies the exemption in question and
(c) states (if that would not otherwise be apparent) why the exemption applies.
Please be advised that the value in relation to one of the contracts captured by the request, specifically the ‘Warks PEQF Police Officer Apprenticeship Framework’ is exempt from disclosure by virtue of the following:
Section 43(2) Commercial Interests
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) is a prejudice based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test.
Harm
In this case, providing the requested information is likely to cause financial loss to both the supplier and the purchasing authority. In the event that such information is disclosed, then the competitive position of that supplier would be eroded. In a wider context, companies could also refuse to do business or submit tenders with an authority that readily release supplier’s sensitive commercial information into the public domain; thereby reducing competition and, as a result, driving up prices that the force pays for goods or services.
Public Interest Test
Factors Favouring Disclosure
The release of the information would demonstrate openness and accountability for monies spent and would contribute to the accuracy and quality of public debate.
Factors Against Disclosure
There is a public interest in protecting the commercial interests of individual suppliers and ensuring they are able to compete fairly.
Release of such information would make the market less competitive and erode the benefit this brings to the spending of public money.
Such disclosure may dissuade suppliers from doing business with, or from giving favourable rates to, the police service. This would impact upon Warwickshire Police’s ability to get the best value for money for goods or services.
Balance Test
When undertaking a public interest test, factors favouring disclosure need to be balanced against factors against. The benefits of openness and accountability are highly valued; however this must be balanced against the harm that would be caused if information were disclosed. As mentioned above, there is a public interest in protecting the commercial interests of individual suppliers, as this ensures that the market remains fair and competitive and that authorities are able to get the best value for money in respect of the goods and services procured.
Therefore, on balance, it is considered that the public interest in providing the information is outweighed by the potential impact release would have and this represents a refusal notice for information in relation to this element of your request.
The remaining information I am able to provide is set out below.
Title/Subject |
Theme |
Value |
End date |
Warks PEQF Police Officer Apprenticeship Framework |
Regional agreement with Staffordshire University in relation to Student Officer degree and policing studies diploma delivery |
Exempt s43(2) |
30/06/2024 |
Specialist Training in identifying hostile intent/offenders in night time economy |
Specialist training in identifying hostile intent/offenders in night time economy |
£49,400 |
12/06/2024 |
Warks Develop & Deliver Police Investigative Training Programme |
Investigative training programme |
£210,000 |
13/02/2024 |
Warks PNC & PND Training |
PNC and PND Training |
£5,000 |
31/12/2023 |
Please note that details of the above contracts can be found in the public domain at the below link:
https://sell2.in-tend.co.uk/blpd/contracts
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB