Birmingham City Council

Service Birmingham Contract


The documents linked to on this page are the current contract, and schedules in place between Birmingham City Council and Service Birmingham and/or Capita, in respect of the provision of ICT services, contact centre services and revenues services and incorporate the various amendments to the contract agreed since the original agreement was entered into.

It comprises of

a) The Joint Venture agreement and schedules;

And

b) The Service Delivery agreement and schedules

Birmingham City Council accepts that there is a strong public interest in being open and transparent in respect of its financial and contractual dealings. However, it also recognises that there are situations where some information, if published, could cause harm to the commercial interests of either the Council or its contractors. The contract has been reviewed, in accordance with the provisions of the Freedom of Information Act, to determine what information falls under one or more exemptions, and if so, whether the public interest lies in applying the exemption, and thus withholding the information, or applying the presumption of disclosure and publishing the information.

Some information has been withheld, under the following exemptions. A more detailed document setting out the reasons why each piece of withheld information has been withheld will be published shortly.

a) s.43 (Trade Secrets and Commercially Sensitive Information) which provides that:-

(1)Information is exempt information if it constitutes a trade secret.

(2)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).

(3)The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).

b) s.41 (Confidential Information), which provides that

(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.

The only information that has been withheld under s.41 is the Business / Financial Model prepared by Service Birmingham, and which has been provided to the Council on the understanding that it is confidential.

c) s.40 (personal data)

Where the information amounts to personal data of individuals, or where the disclosure of the information would amount to a breach of the Data Protection Act.

and

d) s.31 crime prevention

(1)Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice—

(a)the prevention or detection of crime,

This would include the IP addresses, server names and physical location of servers, which if made public, could assist in attempts to either access or steal the information contained in the servers.