FOI 1694 – Urgent Care Contracts

Response

Date: 22 November 2022

FREEDOM OF INFORMATION – DECISION NOTICE

Dear Sir / Madam,

FOI Reference Number: 1694

• Identify and share all contracts currently pertaining to walk in urgent care services in the ICS/ICB region including:
– Walk in Primary Care Clinics or Services
– Minor Injury Units – Minor Illness Treatment Units
– Urgent Care Centres
– Urgent Treatment Centres – Walk in Treatment Centres

• Identify the overall contract values for each contract identified

• Where you have entered a contract, could you please confirm the contracts:
o Commencement date
o Expiry date of the initial term; and
o Expiry date of any applicable extension periods if taken.

• Where your contracts’ initial or extended term is due to expire in the next 12 months, i.e., during financial year 2022/2023 or the forthcoming year 2023/2024, could you please confirm the forces intentions going forward, including.
o Roll forward the existing contract
o Seek alternative providers
o Undertake a formal competitive tender process
o If the decision is to undertake formal tender process, which tender platform will be utilised

Our response:
With regards to your request for information about contract values, it is our opinion that this information is exempt from disclosure pursuant to section 43(2) of the Freedom of Information Act 2000. This section relates to information that is exempt from disclosure that could have a detrimental effect on the commercial interests of “…any person”. Derby and Derbyshire ICB consider that at this time the commercial interests of the ICB, third parties and overall the NHS could be detrimentally impacted upon.
As this section is a qualified exemption, we are obliged to apply the public interest test as below:
Public Interest Test:
The ICB recognise that the disclosure of information in relation to details of contract values would provide transparency in the use of public funds by the ICB and by the NHS in general. It would also assist the general populace with transparency in decision making by the ICB and their transactions with third parties.
Conversely to the factors demonstrated above in favour of disclosure, it is felt that the ICB, third party suppliers and the NHS in general could be disadvantaged should the information sought be made available. Suppliers compete with one another in a competitive environment and to provide data to this level of detail could allow the supplier to potentially be undercut by competing suppliers. This would lead to loss of confidence by suppliers and could cause significant harm to the ICB.
This disclosure could also adversely impact on any on-going or future procurement processes for the reasons outlined above. Any disclosure by the ICB could in future discourage the provision of commercially sensitive information necessary to respond properly to the ICB’s Invitation to Tender, and would be likely to affect and undermine the ICB’s bargaining position in any future procurement process or negotiations. Ultimately civil action could be taken against the ICB should information be disclosed that adversely affects the commercial interests of current and/or future suppliers.
As a result it is our opinion that this sufficiently demonstrates the prejudice which could be caused through disclosure.
Balance Test:
It is important to bear in mind that any disclosure under the FOI Act is a disclosure to the public at large and not just to the applicant. It is recognised that there is a general public interest in the ICB being open and transparent. However, it is not believed that this public interest is served in disclosure for damage that would be caused as outlined above.
• Identify and share all contracts currently pertaining to walk in urgent care services in the ICS/ICB region including:

– Walk in Primary Care Clinics or Services

Walk-in services are provided at St Oswald’s Hospital, New Mills Clinic and Swadlincote Health Centre at varying times; this is delivered through the Derbyshire Out of Hours (OOH) Service contract provided by DHU Health Care.

• Contract value: I can confirm that we do hold this information; however it is our opinion that this information is exempt from disclosure, as above.
• Commencement date: Original contract was 1 October 2016. There was a direct award contract for 18 months, from 1 April 2021 to 30 September 2022.
• Expiry date of the initial term: As above, initial contract expired 31 March 2021. The subsequent contract initially expired 30 September 2022, but then had a 12-month extension to 30 September 2023. A further 6-month extension is currently progressing through the governance process.
• Expiry date of any applicable extension periods if taken: 30 September 2023.

– Minor Injury Units – Minor Illness Treatment Units

None within Derby and Derbyshire.

– Urgent Care Centres

None within Derby and Derbyshire

– Urgent Treatment Centres – Walk in Treatment Centres

Derby Urgent Treatment Centre: this service is provided by One Medical Group.

• Contract value: I can confirm that we do hold this information; however it is our opinion that this information is exempt from disclosure, as above.
• Commencement date: Original contract commenced 1 April 2015. Current contract commenced 1 April 2022 for an 18-month period to 30 September 2023. A further 6 month extension to 31 March 2024 is currently going through the governance process.
• Expiry date of the initial term: Initial contract expiry 31 March 2020
• Expiry date of any applicable extension periods if taken: 30 September 2023.

Ilkeston, Ripley, Buxton, Whitworth Urgent Treatment Centre; these services sit within the main Derbyshire Community Health Services NHS Foundation Trust (DCHS) contract.

• Contract value: I can confirm that we do hold this information; however it is our opinion that this information is exempt from disclosure, as above.
• Commencement date: CCG/ICB records show this service was being contracted from 1 April 2010.
• Expiry date of the initial term: The current contract with DCHS is in place until 31 March 2023, which includes Urgent Treatment Centres.
• Expiry date of any applicable extension periods if taken: Not applicable.

• Where your contracts’ initial or extended term is due to expire in the next 12 months, i.e., during financial year 2022/2023 or the forthcoming year 2023/2024, could you please confirm the forces intentions going forward, including.
o Roll forward the existing contract
o Seek alternative providers
o Undertake a formal competitive tender process
o If the decision is to undertake formal tender process, which tender platform will be utilised

For the OOH and Derby City Urgent Treatment Centre contracts, no decisions have as yet been made on the ICB’s intentions going forwards.

I hope that this answers your queries with the information we currently hold, but if I can be of any further assistance please do not hesitate to contact me.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

NHS Derby and Derbyshire ICB
FOI Team
Scarsdale
Nightingale Close
Newbold
Chesterfield
S41 7PF

Or:

ddicb.foi@nhs.net

If you are not content with the outcome of our review, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Derby and Derbyshire Integrated Care Board (ICB).

The Information Commissioner can be contacted at: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, telephone 0303 123 1113, email casework@ico.org.uk.

Yours faithfully,

Kathryn Jacklin
FOI Officer
Derby and Derbyshire ICB

All information we have provided is subject to the provisions of the Re-use of Public Sector Information Regulations 2015. Accordingly, if the information has been made available for re-use under the Open Government Licence (OGL) a request to re-use is not required, but the licence conditions must be met. You must not re-use any previously unreleased information without having the consent from the ICB. Should you wish to re-use previously unreleased information then you must make your request in writing (email will suffice) to the FOI Lead via ddicb.foi@nhs.net. All requests for re-use will be responded to within 20 working days of receipt.