FOI 969-2024 / Nov 2024 / Contracts
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 969-2024
I write in connection with your request for information which was received on 6th November 2024 as follows:
I am writing to submit a Freedom of Information request for information related to the organisation's contracts register, procurement strategy document, and contact details. Please find the detailed requests below:
- Contract Register Request:
I am seeking the full and entirety of the organisation's contract register or database. The register should include the following columns/headings or something similar:
- Contract Reference -Unique reference number associated with the contract.
- Contract Title
- Procurement Category –
- Supplier Name
- Spend (Total, Annual or contract value)
- Contract Duration
- Contract Extensions
- Contract Start Date
- Contract Expiry Date
- Contract Description [Please provide me with as much detail as possible.]
- Contact Owner (Person that manages the contract register)
- Contact details of section 151 officer
- CPV codes/Pro-Class
How many contracts are currently held on the contract register
If any of the headings within your contract register has not been provided, please state this within your response.
Please provide the contract's register file in Excel format.
- Procurement Strategy Document Request:
Can the organisation provide a full version of their Procurement Strategy for the fiscal year 2024-2025?
If the Procurement Strategy is a strategic direction (2022-2025) instead of an annual plan, please provide an update document for 2023-2024. If an update cannot be provided, please provide information on when an update is planned to be published.
We require the full document. If any parts of this document have been removed, please state this within your response.
- Contact Details Request:
Provide contact details of the person responsible for API or data sharing, including [Name, Job Title, Telephone, Email Address].
Provide contact details of the person responsible for the actual contract's register, including [Name, Job Title, Telephone, Email Address].
Please find the Warwickshire Police response set out below.
Q1 response: Section 1 of the Freedom of Information Act 2000, places two duties on public authorities. Unless exemptions apply, the first duty at section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at section 1(1)(b) is to disclose information that has been confirmed as being held.
When refusing to provide such information, because the information is exempt, Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police to provide you, the applicant, with a notice which:
(a) States that fact
(b) Specifies the exemption(s) in question and
(c) States (if that would not otherwise be apparent) why the exemption(s) applies.
I can confirm that the requested information is held, however, some of the information is exempt from disclosure by virtue of the following exemption:
Section 21(1) - Information reasonably accessible by other means
The requested information in relation to most of Warwickshire Police contracts is published on Public Contract Register, and can be found using the following link:
https://sell2.in-tend.co.uk/blpd/contracts
By selecting ‘Warwickshire Police’ as the organisation you are then able to download a full list of information by clicking on ‘Export’.
With regard to the contracts that have not been published, details are
are exempt from disclosure by virtue of the following exemption:
Section 31(1)(a)(b) – Law Enforcement
Section 31 of the Freedom of Information Act 2000 provides an exemption from disclosure if the release of information would, or would be likely to, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice. It is a prejudice-based qualified exemption and as such, there is a requirement to evidence the harm disclosure would cause and to carry out a public interest test.
Harm
Requests under the Freedom of Information Act are ‘applicant blind’, which means that the motives of anyone requesting information are not questioned. Therefore, in providing a response to one person, we are expressing a willingness to provide the same response to everyone.
Disclosure of contract information, which is sensitive in nature, could be of value to a person or persons with criminal or malicious intent, and, along with other information already in the public domain, could equip such individuals with intelligence regarding the capability of the force. Furthermore, it could then allow criminals to map resources across the force, thereby targeting specific areas for criminal activity, as well as enabling such individuals to adapt and counteract law enforcement efforts. This in turn could compromise the effectiveness and success of ongoing or future law enforcement operations, hinder the prevention and detection of crime and place the community at increased unnecessary risk of harm.
Section 31 - Factors Favouring Disclosure
The principle of transparency and accountability supports the disclosure of information to ensure public scrutiny and oversight of law enforcement activities. Disclosing contract information, where it does not pose significant harm, can enhance public understanding and trust in police operations.
In certain circumstances, there may be a legitimate public interest in knowing how public funds are allocated and utilised, particularly when it comes to contracts. Disclosure can facilitate public debate and scrutiny regarding the expenditure of taxpayer money, and the effectiveness of law enforcement strategies.
Section 31 - Factors Against Disclosure
There is a strong public interest in ensuring the effectiveness of the law enforcement capability of Warwickshire Police. Disclosure of supplier identities and product information, together with contract descriptions would mean that individuals could research details about capabilities available to the force. This may allow terrorists and criminals the opportunity to assess strengths and any possible weaknesses of these capabilities. This would compromise law enforcement which could lead to more crime being committed and individuals being placed at risk. This information may also be used by criminals/terrorists in combination with other information they have gathered to try and disrupt law enforcement.
Balance Test
The balancing act between transparency and accountability on one hand and the protection of operational effectiveness, law enforcement, and public safety on the other hand, must be carefully assessed. Each case should be evaluated based on its specific circumstances and the potential impact of disclosure or non-disclosure.
Whilst the value of accountability and the legitimate interest in the public being satisfied in how the force utilise public funds is recognised, the non-disclosure of contract information deemed sensitive helps to protect law enforcement techniques which disclosure could render ineffective or obsolete.
It is not in the public interest to disclose information around law enforcement tactics and operational capability, if that information could be of intelligence value to those intent on committing crime or leave resources vulnerable to being targeted by criminal organisations. The ability to deliver effective law enforcement is of paramount importance, and Warwickshire Police will not divulge information if to do so would have an adverse effect on the force’s ability to prevent and detect crime. In this case, to disclose the details would not only affect the force’s ability to do so but would also impact upon its core responsibility of protecting the community it serves and its officers.
Therefore, on balance, it is considered that the public interest in providing the information is outweighed by the potential impact release would have on current and future law enforcement activities, and this represents a refusal notice for information in relation to any contracts not already in the public domain.
Q2 response: Please be advised that the current Procurement Strategy is available in the public domain and is therefore exempt from disclosure by virtue of Section 21 of the Freedom of Information Act ‘Information Reasonably Accessible by Other Means’. Please see the link set out below.
Q3 response: The individual responsible for the Contracts Register is Sally Brown, Procurement & Data Assistant. Sally can be contacted via the 101 non-emergency number or via [email protected]
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