FOI/25/344

Request

For the 3-month period ending 24th January 2025, can you please provide:

- Total Off Framework Agency Spend for Nursing and Midwifery staff

 

- Total hours filled by Off Framework agencies

 

- A list of all Off Framework agencies utilised by the Trust for nursing and midwifery and a breakdown of each ward or department and total number of shifts for each non framework agency

 

- A list of Agency suppliers with a day charge rate of over £40 across any nursing/midwifery speciality

 

- A list of Agency suppliers with a night charge rate of over £45 across any nursing/midwifery speciality

 

- A list of any Off Framework suppliers that have ongoing block booking arrangements for nursing and Midwifery staff with your Trust within the identified time frame (24.10.2025 - 24.01.2025)

Response

• 0 off-framework within the last 3 months

List of agency suppliers

 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 [List of agency suppliers] would promote accountability and transparency by showing how CLCH receive and spend public money. 

Factors in favour of non-disclosure: 

• Disclosing the [List of agency suppliers] would undermine our competitive position in the marketplace. 
• Disclosing the [List of agency suppliers] would compromise the commercial activities of CLCH, as it would compromise its ability to negotiate competitive future deals.
• Disclosure of the [List of agency suppliers], 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.