FOI 1729 – Additional Roles Reimbursement Scheme Spend with Primary Care Networks

Response

Date: 16 January 2023

FREEDOM OF INFORMATION – DECISION NOTICE

Dear Sir / Madam,

FOI Reference Number: 1729

1. How much ARRS underspend has the ICB record in its footprint?

The ICB will only receive funding for actual expenditure incurred. The expected level of costs for 2022/23 is lower than the total allocation available to be claimed by the ICB and therefore no underspend will be recorded.

2. Does the ICB intend to reallocate this money to PCNs?

Yes, as per the DES guidance.

3. How many bids did the ICB receive for this money in the financial year 2022/23?

5

4. On average, how much did each bid ask for in the financial year 2022/23?

£48,508.08

5. Can you share the bids the ICB received for this underspend?. And can these documents be shared in a way to account for the large file size?

All bids were to be spent on ARRS roles, as per the guidance. With regards to copies of the bids received, 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

It is recognised that the disclosure of the requested information may assist in providing transparency and a better understanding of the decision-making process in question and the ICB’s transactions with third parties. It may also provide assistance with regards to the use of public funds by the ICB.

Conversely to the factors demonstrated above in favour of disclosure, it is felt that the ICB, third party providers and the NHS in general could be disadvantaged should the information sought be made available to the general public through FOI. Providers compete with one another in a competitive environment and to provide full copies of all bids received could expose confidential information to competing providers. This would lead to loss of confidence by providers and suppliers and could cause significant harm to the ICB.

This disclosure could also adversely impact on any on-going or future bidding processes for the reasons outlined above. Any disclosure by the ICB could in future discourage the provision of commercially sensitive information from providers and would be likely to affect and undermine the ICB’s bargaining position in any future procurement or bidding processes 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 providers. 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.

Therefore the ICB consider that releasing this information would not be in the public interest as the public interest does not outweigh the prejudice as set out above.

6. How many of these bids were successful?
4, as the 5th had sufficient funding for their requirements.

7. How much money will be redistributed?

The 5 bids totalled £242,540.42.

8. When will this money be redistributed?

The money will be redistributed as and when the PCN requires the additional funding, as reimbursement funding is drawn down through monthly claims.

9. If the money is not redistributed what will it be used for?

It is specific to ARRS funding and cannot be redistributed elsewhere.

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.