FOI/25/307
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| Reference | FOI/25/307 |
|---|---|
| Description | Decommissioning the Frailty Clinic in Hertsmere |
| Date requested | 07/12/2024 |
| Attachments | N/A |
Request
I am making a freedom of information request in respect of the quality impact assessment you refer to in decommissioning the frailty clinic in Hertsmere that is run out of Potters Bar hospital. If a service is being decommissioned that serves the people of Hertsmere then it is in the public interest that that information is made available.
Response
Having completed enquiries within CLCH in respect of Section 1(1)(a), CLCH does hold information relating to your request.
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 disclosure:
• Disclosing information relating to the decommissioning of the frailty clinic in Hertsmere would promote accountability and transparency by showing how CLCH receive and spend public money.
Factors in favour of non-disclosure:
• The document requested includes details of CLCH commercial modelling of service provision and financial impacts. Disclosure 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. While we do not refute that there is public interest in the decision made, the information that informed that decision falls under commercial sensitivity. 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.