FOI 2025/1371

I am requesting the following information under the Freedom of Information Act 2000.
This is in reference to the “NEPTS Business Case” that was referenced in the ICB’s September board papers.
Please provide the below:

1. The full NEPTS Business Case considered by the ICB’s finance committee, including any annexes, appendices, and the revised service specifications referred to in the paper (unredacted where possible);

2. The contract award decision notice (if it exists) and the identity of the successful bidders(s). Please also provide a short, non-commercial summary of the reasons for the award and the total value of the eight-year contract.
If either are withheld for commercial reasons, please explain the exemption(s) that are being relied upon; and

3. The MIAA audit report, as referenced in the board paper, and its supporting recommendations (unredacted where possible). If this is redacted or withheld, please explain the exemption(s) that are being relied upon.

1. NHS Greater Manchester consider the information exempt by virtue of Section 43(2) as this service is subject to a live procurement.
Section 43(2) of the Freedom of Information Act 2000 states:
“Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)”.
In this instance, disclosure of the information would be likely to prejudice the commercial interests of NHS GM. This exemption is subject to the public interest test and for the reasons outlined below we are satisfied that the exemption applies.
Public interest test
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM is getting value for money from its purchasing decisions.
However, the release of this information would prejudice the commercial interests of the bidders. The information could provide competitors with insights which would undermine the integrity of the procurement process and fair competition.
After considering the arguments outlined above, we have decided to withhold this information.
2. The service is in the process of being re-procured no contracts have been awarded. Once the procurement has been concluded a contract award notice will be published accordingly.
3. NHS Greater Manchester consider the information exempt by virtue of Section 41(1) as this request is information provided by a third party in confidence, relating different organisations for which we do not have consent to share, and Section 43(2) as this pertains to a prior procurement and disclosure would prejudice the commercial interests for NHS GM.
Section 41(1) – Information Provided in Confidence
Section 41 of the FOIA states: “(1) Information is exempt information if— (a) it was obtained by the public authority from any other person (including another public authority), and (b) the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person. (2) The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence.”
This exemption applies to information which has been provided in confidence to a public authority. For NHS GM to use this exemption, the Act requires that:
• The information must be obtained by the public authority from another person (outside of NHS GM) and.
• Disclosure of the information to the public would constitute a breach of confidence, actionable by that person.
The conditions for an actionable breach of confidence to be established would require that the information has a ‘quality’ of confidence (i.e. it is confidential in nature and not widely known) and that it has been imparted in circumstances that suggest there is a ‘obligation’ of confidence upon the receiver, or an expectation given to the provider of that information that it would be treated as confidential. These conditions are clearly met.
Section 43(2) of the Freedom of Information Act 2000 states:
“Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)”.
In this instance, disclosure of the information would be likely to prejudice the commercial interests of NHS GM. This exemption is subject to the public interest test and for the reasons outlined below we are satisfied that the exemption applies.
Public interest test
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM is getting value for money from its purchasing decisions.
However, the release of this information would prejudice the current negotiating capabilities, and therefore, the commercial interests of the NHS GM. The report holds sensitive, commercial and confidential information in relation to the Non-Emergency Patient Transport Services.
After considering the arguments outlined above, we have decided to withhold this information.