Details of Commissioned Adult Supported Living Services
Case reference FOI2024/00353
Published 18 March 2024
Request
I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to supported living services for adults with disabilities, including learning disabilities and mental health needs, you commission within your Council area. The details we require are:
• Do you operate a framework, Dynamic Purchasing System or similar for commissioning supported living services?
• When did this Framework commence, and when is it due to finish?
• The Suppliers/organisations who are currently on your framework/contract.
• Which operators do you commission supported living services from, either on or off any framework arrangements?
• How many beds are commissioned with each operator?
• For each operator, how many separate locations are supported living services commissioned from?
• What is the average weekly fee for each operator?
• What is the average % fee increase awarded to supported living providers in the year 2023/24?
Response
Q1 Do you operate a framework, Dynamic Purchasing System or similar for commissioning supported living services?
Yes, we operate a framework agreement for supported living services.
Q2 When did this Framework commence, and when is it due to finish?
The current framework is out to tender presently and will be in place from May 2024 for a period of 4 years.
Q3 The Suppliers/organisations who are currently on your framework/contract.
Q4 Which operators do you commission supported living services from, either on or off any framework arrangements?
Q5 How many beds are commissioned with each operator?
Q6 For each operator, how many separate locations are supported living services commissioned from?
Q7 What is the average weekly fee for each operator?
In response to Questions 3 - 7, this information has been withheld under Section 43 (1) and / or (2) of the Freedom of Information Act 2000 because disclosure would, or would be likely, to prejudice the commercial interests of the suppliers of commissioned supported living services and Herefordshire Council.
In reaching this decision I have taken into account relevant guidance provided by the Information Commissioner's Office including whether the information in question is commercial or industrial.
Herefordshire Council is satisfied that the information to which the exemption has been applied contains information which could constitute a business secret (pricing information and volumes) as well as commercial interests.
Disclosure of the withheld information would adversely affect the suppliers of supported living services. The withheld information contains details of the suppliers' services are commissioned from, the number of beds that are commissioned from each and the number of sites this covers as well as the average weekly fees being charged. From release of this information it would be possible to estimate each suppliers underlying costs. This information is unique to each of the suppliers in question, proprietary in nature and provides a detailed overview of how each approaches such commissions.
The council accepts the legitimate economic interests of the suppliers would be likely to be prejudiced by disclosure of the information.
The council is also able to consider its own economic interests in addition to those of the suppliers of the commissioned services in question. The council feels that confidentiality is required to protect its position as purchaser. Disclosing this information would be likely to affect the ability of the council to negotiate best value and to effectively procure services in the future.
In coming to this decision, I have weighed up the public interest for disclosure against the public interest in not disclosing the information and the commercial interests of the suppliers and Herefordshire Council as follows:
The public interest in disclosure:
Openness and transparency regarding the commissioning of supported living services.
The public have the right to scrutinise the spending of public monies.
The public interest in not disclosing the information and the commercial interests of the suppliers and Herefordshire Council:
The information requested includes supplier lists differentiating suppliers with live business arrangements and those who do not provide services but are on the approved list (framework). The information requested contains cost / pricing information based on care provided by a number of named providers.
The information requested could be used by those interested in bidding to gain a commercial advantage over their competitors. The information could be used in terms of market research in relation to an application to join the framework, future mini-tenders and pricing negotiations with the council. Those currently on the framework would not have the benefit of holding similar information about suppliers of these services who are not currently on the framework and disclosure would thereby negate their ability to develop a commercial advantage when tendering for these services in relation to the current tender and any future tenders either with Herefordshire Council or elsewhere. Consequently they may lose future business as a result and be commercially, and financially, disadvantaged as a result.
The supported living framework is, at the time of writing, out to tender, and will be in place by May 2024. The information requested above is not part of the tender process i.e. available to bidders. Therefore if the requested information were released at this stage the prejudice to those named would be likely to be severe and imminent.
If the requested information were released it would also adversely affect the council's ability to conduct this tender effectively, and would be likely to prejudice the council's commercial interests. The council may have to negotiate on price in future mini tenders. Whilst the intention is to have fixed rates for supported living, this is not always possible. In a competitive market, the council would not usually expect all provider costs / pricing to be known. If commercially sensitive information were released by the council in response to an FOI request, it would be likely to damage the council's relationship with the current suppliers and deter them or others from bidding on the current tender opportunity, as they would feel their own commercially sensitive information could be released, if such a precedent had previously been set. This could lead to a lack of bidders and reduce the competitive process, which could result in value for money and services being adversely affected. If the council is not able to achieve best value with regards to a tender, this would not be in the public interest.
Taking the above into consideration, particularly the fact that the framework is currently being retendered, I have found the public interest in disclosing the information in this case is outweighed by the public interest in not disclosing the information. Please therefore take this letter as a refusal notice under S17 of the Act for this part of your request.
Q8 What is the average % fee increase awarded to supported living providers in the year 2023/24?
8%
Documents
This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
You can browse our other responses or make a new FOI request.