Salix PSDS Phase 3b information

 

I note you seek access to the following information:

 

With regards to the announcement from the Government, in relation to the award of the Salix PSDS

Phase 3b grant I would like to request the following information.

 

1. Name of project/s listed in the application.

2. Has the project/s above started on site? If not, why not?

3. Are the projects selected part of a wider programme?

4. A list of the legal, management and property consultants you appointed to complete the design and works.

6. Procurement routes used for appointing design consultants and contractors.

7. The name of the lead representatives involved in the project/s listed above.

8. Has the authority applied for PSDS Phase 3C funding? Please list projects selected for Phase 3c. 

I have today decided to disclose some of the requested information.  Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

 

Section 40(2)(3) – Personal Information

 

 

A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual.

 

With regards to Q7, the name of the lead representatives involved in the project/s listed.

S40 is applicable to name staff who are not in public facing roles. This type of disclosure would be likely to lead to unwanted and unsolicited intrusion from persons interested in the business area, directly to the staff member. I have instead provided you with the name of the Property Services Director at management board level.

 

Section 40(2) - Personal Information - In respect of this exemption, it is first most important I explain that a Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual. 

 

The General Data Protection Regulation (GDPR) was introduced across the European Union (EU) and the European Economic Area (EEA). In respect of the United Kingdom, GDPR was enshrined in UK law through the Data Protection Act 2018. The MPS, like all UK public authorities are obliged to comply with the Data Protection Act 2018 and this includes the protection of personal data. 

Where an individual is requesting his or her own personal data the information is always exempt.  Such information can be requested under other legislation (the Data Protection Act via a Subject Access Request). 

Where an individual is requesting third party personal data the MPS must ensure that any action taken adheres to the principles of GDPR/ the Data Protection Act 2018.  To clarify, the Freedom of Information Act only allows disclosure of personal data if that disclosure would be compliant with that law. 

 

It is also legitimate for the MPS to consider the cumulative effect of disclosing information of a similar nature in respect of routinely disclosing personal staff names, under the Freedom of Information Act. The MPS need to very carefully consider the effect this has on staff as well as public perception in how it responsibly and sensitively handles personal data (in terms of continual disclosure over time under FOIA) in a public forum.

 

Section 40(2)(a)(b) of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b), 3B of the Act. 

 

There are six data protection principles that are set out in Section 34 of the Data Protection Act 2018. The first principle requires that the disclosure of the requested personal data must be lawful and fair. Under the Act, the disclosure of personal data is considered to be lawful if:

 

a. There is a legitimate interest in the disclosure of that personal data.

b. The disclosure of the personal data is necessary to meet that legitimate interest.

c. The disclosure would not cause unwarranted harm to the data subject.

 

The requested records contain the following types of personal data that I consider exempt under the Act:

 

The name of the lead representatives involved in the project/s listed - Having considered the release of the identified personal data, the MPS has found, having considered the legitimate interest test, that, that there is not a true public interest in disclosure of the personal information which makes up the recorded information held, the information requested is uniquely personal to an individual. 

 

The disclosure of the requested information under FOIA legislation is not necessary to meet a legitimate interest, when concerns or correspondence can be sent to a member of staff from external staff through our ‘Contact Us’ page.

 

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information. 

 

 

Q1 - Name of project/s listed in the application.

Site Name – 3b

Bexleyheath

Plumstead

Chadwell Heath

Wembley

Ruislip

Wembley

Harlesden

Forrest Gate

Wimbledon

Southall

Croydon

Maltby Street

Quicksilver

Deer Park Rd

Q2 - Has the project/s above started on site? If not, why not?

 

The projects were started in April 2023 at the beginning of the funding period. They have completed stage 2 design, approval and then stage 3-4 design and approval. The projects have then been submitted for planning approval (some of which have now been received) and are going through the tender process with our contractors from our framework. The projects are due to go to site in the coming months and will be delivered by the end of the funding period 24/25.

 

 

The projects are part of a wider programme detailed within our Heat Decarbonisation Plan 

 

Q4 - A list of the legal, management and property consultants you appointed to complete the design and works.

Knight Frank	Property and Planning Advisory
Atkins	Design Consultant
Hamilton	Design Consultant
Kier	Design Consultant
Troup Bywaters & Anders	Design Consultant
Clancy	Design Consultant
Vinci	Main Contractor
Baxall	Main Contractor
Willmott Dixon	Main Contractor
Overbury	Main Contractor
Coniston	Main Contractor
SW Bruce	Main Contractor
Wates	Main Contractor
Axis	Main Contractor
Turner & Townsend	Project & Cost Management
Currie & Brown	Project & Cost Management

 

All suppliers are procured through the Met’s own framework or the CCS Framework 

 

Name	Role
Vince Fihosy	Property Services Director - Delegated Authority
	Decarbonisation Lead - Estates
	Authorising Officer
	Programme Manager
	ProjectLead
	Project Lead
	Project Lead
	MPS Senior Cost Manager
	Finance Business Partner

 

Q8 - Has the authority applied for PSDS Phase 3C funding? Please list projects selected for Phase 3c.

Site Name – 3c

Jubilee House

Marlowe House

Enfield

Lillie Road

Bow

Newlands Park

Feltham PS

Albany Street PS

Alperton

Wood Green

Perivale

Polar Park

Barkingside PS

Wandsworth PS

Warspite Road

Chingford PS

Croydon PS

Wapping PS