Richmond Council’s proposal for the former health suite area was based on a £140,000 estimate to convert it to a group exercise studio and a £210,000 estimate to refurbish it as a health suite.
A FOI request was filed on 17 November 2023, to get “any written supplier estimates and/or internal/external communications that were used to determine these two estimates.”
Since a response was not received within the statutory time period, we requested an internal review and was told:
Unfortunately we are currently still waiting to receive the information that you have requested from the Council’s Housing and Regeneration department. However, please be assured that we will continue to chase them for this information and will endeavour to issue you with a response as soon as we can.
We replied to say they could be waiting a long time, since this matter is the responsibility of the Environment and Community Services directorate not Housing and Regeneration.
On 29 December 2023, we received another response:
There are no supplier estimates as this cost exercise was carried out by a QS (Quantity Surveyor).
SECTION 43: The breakdown information requested above is exempt from disclosure under Section 43 (2) of the FOIA, and it is therefore withheld. Under Section 43 (2) Prejudice to Commercial Interests. Information is exempt if its disclosure would, or would be likely to, prejudice the commercial interests of any person.
In this case we consider that its disclosure would be likely to prejudice the commercial interests of the Council. This has not yet been out to Tender so although the overall estimated figure has been given to provide the breakdown would affect the commercial interests of the Council. It would very likely affect our ability to carry out a competitive procurement process.
Section 43 is a qualified exemption, and we are required to consider the public interest, the Council recognises the need for transparency. However, this must be balanced against the public interest in allowing the organisation to protect its commercial information and not place itself at a disadvantage in the competitive market in which it operates.
Section 43(2) is a prejudice based exemption, and there is a public interest inherent in avoiding the harm specified. The Council considers that the prejudice would be likely to occur and would involve an adverse effect on the Council’s ability to run a competitive procurement process and obtain value for money.
FOI and DPA Officer, Richmond Council