FOI/25/181

Request

• Total agency spend for Doctors between April 2024 – Present – Answered below
• The breakdown of this spend by grade of doctor i.e. Consultant/SPR/SHO/GP - Sensitive Information, Section 43 applied see below
• Total off framework spend for the same period – Answered below
• Breakdown of grade and department the off framework spend was used in.- Sensitive Information, Section 43 applied see below
• The breakdown of spend between Direct Engagement placements and Non Direct Engagement placements. – All Doctors during this time period were Non-DE
• Of the non-direct engagement spend – what departments and grade of doctor was this used in? .- Sensitive Information, Section 43 applied see below
• List of all of the General Managers and rota Co-Ordinator’s at the trust including departments they look after. .- Sensitive Information, Section 43 applied see below

 

Total Doctors Agency Spend April 2024 – August 2024 – 300k

 

Section 43 – Commercial Interest

Section 43(2) exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any person (an individual, a company, the public authority itself or any other legal entity). Disclosure of the requested information could prejudice pending or future negotiations the CLCH may be subject to.

 

This is a qualified exemption under the FOIA, which means that consideration must also be given to whether in all the circumstances of the case the public interest favouring disclosure is greater than the public interest in maintaining the exemption. The public interest means what is in the best interests of the public not what is of interest to the public.

Factors in favour of discloser:  

·       Disclosing information relating to the value of the rent charged would benefit the public interest by encouraging transparency. 

·       Disclosing information relating to [The breakdown of this spend by grade of doctor i.e. Consultant/SPR/SHO/GP / Breakdown of grade and department the off framework spend was used in /  non-direct engagement spend – what departments and grade of doctor was this used in / List of all of the General Managers and rota Co-Ordinator’s at the trust including departments they look after ] would promote accountability and transparency by showing how CLCH receive and spend public money. 

Factors in favour of non-disclosure: 

·       Disclosing the [The breakdown of this spend by grade of doctor i.e. Consultant/SPR/SHO/GP / Breakdown of grade and department the off framework spend was used in /  non-direct engagement spend – what departments and grade of doctor was this used in / List of all of the General Managers and rota Co-Ordinator’s at the trust including departments they look after] would undermine our competitive position in the marketplace. 

·       Disclosing the [The breakdown of this spend by grade of doctor i.e. Consultant/SPR/SHO/GP / Breakdown of grade and department the off framework spend was used in /  non-direct engagement spend – what departments and grade of doctor was this used in / List of all of the General Managers and rota Co-Ordinator’s at the trust including departments they look after] would compromise the commercial activities of CLCH, as it would compromise its ability to negotiate competitive future deals.

·       Disclosure of the [The breakdown of this spend by grade of doctor i.e. Consultant/SPR/SHO/GP / Breakdown of grade and department the off framework spend was used in /  non-direct engagement spend – what departments and grade of doctor was this used in / List of all of the General Managers and rota Co-Ordinator’s at the trust including departments they look after], is likely to lead to reputational and financial damage which would affect future investments and have a knock-on effect to the money raised for the health economy.

 

Having considered the above, we maintain that the factors in favour of upholding the exemption outweigh the factors in favour of disclosure. Therefore, the balance of the public interest test is greater in maintaining the exemption available under section 43(2) of the Freedom of Information Act 2000.