Cumbria County Council Resources and Transformation Information Governance Team Lonsdale Building The Courts Carlisle CA3 8NA T: 01228 221234 E: [email protected] E-mail: 10 August 2016 Your reference: Our reference: FOI 2016-0541 Dear FREEDOM OF INFORMATION ACT 2000 - DISCLOSURE The council has completed its search relating to your request for information about school bus/coach contracts, which was received on 18 May 2016. The council does hold information within the definition of your request. Request 1. Details of all school bus/coach contracts that are current at present showing: • At least the start and finish point with route of the individual contracts giving enough detail so as to identify what the contract is. • The amount of pupils carried or seating capacity • Who the contract has been placed with. • The daily/annual rate as appropriate. 2. Details of any bulk purchasing of scholars season tickets/passes • At least the start and finish point of the individual contracts giving enough detail so as to identify what the contract is. • The amount of pupils carried or seating capacity • Who the contract has been placed with. • The daily/annual rate as appropriate. Response Please see attachment for your information. The daily/annual rate is withheld under Section 43(2) of the FOIA, however the details of all spend over £500 per month are available online at: http://www.cumbria.gov.uk/managingyourcouncil/councilspend500/default.asp . All school bus/coach contracts fall into this category (as based on a typical 20 working days per month, this will be £25 per day, and currently we have no routes for buses/coaches that fall below this price threshold). Also every contract awarded over £25K (total spend) is advertised on Contracts Finder ( Contracts Finder - GOV.UK). Therefore this information, though not in the exact format requested, is available from other published sources. The daily/annual rate is withheld under Section 43(2) of the FOIA, which provides an exemption from disclosure of information which would or would be likely to prejudice the commercial interests of any person. This is a qualified exemption and is, therefore, subject to the public interest test. The term ‘commercial interests’ is not defined in the FOIA, however, the council has considered the Information Commissioner’s awareness guidance on the application of section 43. This comments that: “…a commercial interest relates to a person’s ability to participate competitively in a commercial activity, i.e. the purchase and sale of goods or services.” Serving the people of Cumbria cumbria.gov.uk Cumbria County Council The daily and annual rates relate to the commercial arrangements in place between the council and the transport operators. The council believes that its own commercial interests would be prejudiced through disclosure of the information withheld under section 43(2) FOIA. If the daily/annual rates were disclosed then, when the council came to retender for any of the routes mentioned on the attached spreadsheet, operators could use this information as a basis for pricing rather than costing the routes correctly (distance, time etc). Meaning that if a route had a historic high price it would continue to be high; this prejudices the council’s ability to achieve best value for money. Public interest test Public interest arguments in favour of disclosure There is a general public interest in terms of openness and accountability as to how the Council is contracting out Transport Services and upon what terms. Public interest arguments in favour of maintaining the exemption It is against the public interest to give potential competitors an unfair commercial advantage. There is a public interest in ensuring that companies, such as the providers included on the attached spreadsheet, can compete fairly. There is a strong public interest in protecting the established principle of confidentiality in commercial negotiations between the council and service providers. Balance of the public interest arguments The Council considers that there is a public interest in disclosure of the withheld information as it promotes openness and transparency surrounding Council operation and contracting out of services, as in this case Transport Services. However, the Council considers that there is a stronger public interest in maintaining a level playing field to ensure tendering processes for Transport Services are conducted fairly. On balance the Council considers that the public interest in favour of disclosure is outweighed by the public interest in favour of maintaining the exemption, therefore in this case Section 43(2) FOIA does apply. Most of the information that we provide in response to requests submitted under the Freedom of Information Act 2000 and Environmental Information Regulations 2004 will be subject to copyright protection. In most cases the copyright will be owned by Cumbria County Council. However the copyright in other information may be owned by another person or organisation, as indicated on the information itself. You are free to use any information supplied in this response for your own non-commercial research or private study purposes. The information may also be used for any other purpose allowed by a limitation or exception in copyright law, such as news reporting. However, any other type of re-use, for example by publishing the information in analogue or digital form, including on the internet, will require the permission of the copyright owner. Where the copyright owner is the council you will need to make an application under the Re-use of Public Sector Information Regulations 2005. For information where the copyright is owned by another person or organisation you must apply to the owner to obtain their permission. If you are dissatisfied with the way the council has responded to your request you can request an Internal Review. If you would like to request a Review please contact the Information Governance Team using the details at the top of this letter. Further information can be found on the council’s website: http://www.cumbria.gov.uk/council- democracy/accesstoinformation/internalreviewscomplaints.asp Serving the people of Cumbria cumbria.gov.uk Cumbria County Council Yours sincerely, Senior Manager – Performance and Risk Serving the people of Cumbria cumbria.gov.uk Annual projected costs for academic year Sep 15 to Jul 16 All vehicles (inc taxis), Home to School and SENS Operator Route Route description Vehicle Capacity 3D TRAVEL T5603 Kirkland, Ennerdale to West Lakes Academy 4 3D TRAVEL T5610 Calder Bridge, Beckermet to West Lakes Academy 33 3D TRAVEL T5611 St Bees area to West lakes Academy 70 3D TRAVEL T5612 Gosforth to West Lakes Academy 53 3D TRAVEL T5615 Bigrigg to Moor Row Primary 16 3D TRAVEL T5630 Moor Row, Bigrigg to West Lakes Academy 70 3D TRAVEL T5632 Arlecdon, Frizington to West Lakes Academy 57 3D TRAVEL T6302 St Bees, Sandwith, Whitehaven Schools 16 3D TRAVEL T6309 Lowca, Parton to Whitehaven Schools 70 3D TRAVEL T1540 Whiteahven/Bransty to West Cumbria Learning Centre 4 3D TRAVEL T1540 Whiteahven/Bransty to West Cumbria Learning Centre 4 3D TRAVEL T5632 Arlecdon, Frizington to West Lakes Academy 57 3D TRAVEL T1540 Whiteahven/Bransty to West Cumbria Learning Centre 4 3D TRAVEL T1540 Whiteahven/Bransty to West Cumbria Learning Centre 4 3D TRAVEL T5603 Kirkland, Ennerdale to West Lakes Academy 4 A TAXI (KEITH GRIFFITHS) T5793 Millom to Sandgate School, Kendal 4 A TAXI (KEITH GRIFFITHS) T5793 Millom to Sandgate School, Kendal 4 A TAXI (KEITH GRIFFITHS) H6216 Kirkby Lonsdale to Sandside Lodge School, Kendal 4 A TAXI (KEITH GRIFFITHS) H6216 Kirkby Lonsdale to Sandside Lodge School, Kendal 4 A & R TRAVEL H0567 Workington and Whitehaven to Carlisle College 4 A STAR TAXIS OOC15 Kendal, Milnthorpe to Cedar House and Queen Elizabeth School, Kirkby Lonsdale 6 A STAR TAXIS OOC15 Kendal, Milnthorpe to Cedar House and Queen Elizabeth School, Kirkby Lonsdale 6 A2B TAXIS H5114 Great Urswick to Vickerstown School, Barrow 4 A2B TAXIS H5114 Great Urswick to Vickerstown School, Barrow 4 A2B TAXIS H5114 Great Urswick to Vickerstown School, Barrow 4 A2B TAXIS H5114 Great Urswick to Vickerstown School, Barrow 4 A2B TAXIS H5112 Stainton to George Hastwell School,Barrow 4 A2B TAXIS H5112 Stainton to George Hastwell School,Barrow 4 A2B TAXIS H6210 Barrow , Ulverston to Ulverston Victoria High School 6 A2B TAXIS H6210 Barrow , Ulverston to Ulverston Victoria High School 6 A2B TAXIS H6206 Barrow to Sandside Lodge, Ulverston 4 A2B TAXIS H6206 Barrow to Sandside Lodge, Ulverston 4 A2B TAXIS H6204 Dalton-inFurness to Sandside Lodge, Ulverston 8 A2B TAXIS H6204 Dalton-inFurness to Sandside Lodge, Ulverston 8 A2B TAXIS H6204 Dalton-inFurness to Sandside Lodge, Ulverston 8 AA TRAVEL T1504 Distington to Workington Academy 55 AA TRAVEL T1508 Harrington to Workington Academy 49 AA TRAVEL T1508 Harrington to Workington Academy 49 AA TRAVEL T1508 Harrington to Workington Academy 49 AA TRAVEL T1508 Harrington to Workington Academy 49 AA TRAVEL OOC57 Whitehaven, Workington to Cedar House, Bentham 4 AA TRAVEL OOC57 Whitehaven, Workington to Cedar House, Bentham 4 ABLE TRAVEL T0295 Temple Sowerby to Appleby Primary School 8 ABLE TRAVEL T0295 Temple Sowerby to Appleby Primary School 8 ABLE TRAVEL T0103 Renwick to Samuel Kings School, Alston 4 ABLE TRAVEL T0103 Renwick to Samuel Kings School, Alston 4 ABLE TRAVEL T0207 Penrith to Appleby Grammar School 4 ACCLAIM TAXIS T1214 Tailbert Farm to Shap 8 ACCLAIM TAXIS T1276 Bampton Grange