"Public service contractors
The bill would also allow the public to see information held by contractors about public services they provide including social care, health, public transport, parking enforcement, school inspections and privately run prisons.
Information held by a contractor is only available under FOI where the contract entitles the public authority concerned to obtain that information from the contractor. Where the contract does not, the information is not accessible under FOI. Examples of contractor-held information refused under FOI include:
The number of complaints from the public against court security officers provided by G4S and the number of officers charged with offences.
the number of prison staff at HMP Birmingham and the number of attacks at the prison. Also held only by G4S.
information about rehabilitation projects at HMP Bronzefield, near Ashfield in Surrey, run by Sodexo.
the value of penalty fares issued on the London Overground and Docklands Light Railway by private sector inspectors.
the costs of bringing TV licensing prosecutions, which is held by Capita and not known to the BBC.
whistleblowing policies applying to Virgin Care staff providing NHS services.
the number of employees providing outsourced services for Brent Council employed on ‘zero hours’ contracts
the numbers of parking tickets issued, then cancelled on appeal, by Islington traffic wardens offered Argos points as incentives to issue tickets by NCP Ltd.
The bill would require contractors to supply authorities with information to answer FOI requests regardless of what the contract says. Public authorities would then be able and required to answer FOI requests made to them for information about their contracted out services as well as those which they provide directly.
Local Safeguarding Children Boards
These multi-agency bodies co-ordinate and develop policies for child protection in every local authority area but are not subject to FOI. They include representatives of social services, the police, the NHS, education bodies and others, but FOI requests to those bodies for information about a safeguarding board’s work are refused. The information is said to be held purely on behalf of the board itself and not used for the authority’s own purposes. Bringing safeguarding boards under FOI would allow more access to information about their work to deal with child abuse, domestic violence, female genital mutilation and the protection of children from extremism.
A draft of the Freedom of Information (Contractors Etc) Bill can be found here.
[1] Request made in July 2009 to Paddington Churches Housing Association, now part of Genesis Housing Group.
[2] Request in October 2012 to Genesis Housing Group
[3] Request in December 2016 to Great Places Housing Group
[4] Request in January 2014 to Yorkshire Housing
[5] Request in August 2012 to Genesis Housing Group.
[6] Request in March 2016 to Thirteen Group
[7] Request in September 2015 to Halton Housing Trust
[8] Request in September 2016 to Wirral Partnership Homes Ltd
[9] Request in May 2013 to Affinity Sutton
[10] Request in April 2014 to Peabody Trust
[11] Request in March 2017 to Amicus Horizon
[12] Request in October 2011 to Midland Heart
[13] Request in February 2015 to Place for People Group Ltd
[14] Request in May 2017 to Great Places Housing Group
[15] Request in 2011 to Peabody Trust. Job descriptions are regularly published when a job is advertised and not regarded as the post-holder’s personal information under the Data Protection"