Freedom of information response
Wates contract
I am writing to request a copy of the measured term contract that Thurrock Council has with Wates for the work happening on my block and property. As a resident/leaseholder of Comet Close, RM19 1QG, Purfleet on Thames Thurrock , I am keen to understand the terms of the agreement that has been made between the council and Wates.
I would be grateful if you could provide me with a copy of the contract as soon as possible.
Please find attached document Appendix A, please note some information has been removed/redacted as the Council has applied S43 of the Freedom of Information Act. 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 successfully participate in a commercial activity, i.e. the purchase and the sale of goods or services. The reasons for this have been captured below under the public interest test section.
Public Interest Test:
The council have considered the public interest test in relation to section 43 (2) in releasing the information in scope of your request. The outcome of this is below.
- Public interest in disclosure:
- Accountability for spending of public money. Where a public authority is purchasing goods/services there is a public interest in ensuring value for money is achieved.
- Public interest to maintain the exemption:
- Releasing specific contract information may affect the company’s ability to commercially tender for the same service in the future
- Companies should be able to compete fairly on a level playing field. Certain aspects of the contract may be unique to the current provider which will put the current service provider at a commercial disadvantage should a competitor be made aware of what is included in the contract.
Based on the above, it is the Council’s view that there is a stronger public interest to maintain the use of the exemption for section 43 (2).
You are free to use any information supplied to you for your own use, including non-commercial research purposes. However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright owner.
Where the copyright is owned by Thurrock Council, you must apply to the Council to re-use the information. Please email information.matters@thurrock.gov.uk if you wish to re-use the information you have been supplied. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.
If you are dissatisfied with the way in which the council have managed your FOI request you can pursue an Internal Review by contacting us using the above email address. An internal review must be submitted within 40 working days of your original reply. Your request will be considered by a senior member of the Information Management Team who will update you with the outcome of the review.
If you remain unhappy following the outcome of your Internal Review you may wish to refer your case to the Information Commissioner’s Office (ICO) and details of this organisation can be found at www.ico.org.uk . Please be advised that the ICO will not consider your case until they have confirmation that you have already been through the Internal Review stage with the council.