Publication - FOI/EIR release

Promise Partnership Fund: FOI release

Published: 14 February 2024
Directorate: Children and Families Directorate
Topic: Children and families, Public sector
FOI reference: FOI/202300380835
Date received: 13 October 2023
Date responded: 10 November 2023

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

Details of and/or a copy of the agreement between the Scottish Government and the Corra Foundation re the Promise Partnership Fund and the Corra Foundation role in distributing all funds, on behalf of the Scottish Government, connected to the Promise.

Details of the tendering process to be the organisation charged with the distribution of funds for the Promise Partnership Fund. This should include the initial call for tenders, the number of applications, the criteria for success, the payment given to the Corra Foundation by the Scottish Government and why the Corra Foundation was chosen as the organisation to act on behalf of the Scottish Government re the Promise Funds.

Details of the total amount of Scottish Government funding given to the Corra Foundation to distribute on behalf of the Scottish Government. This should be broken down by the total funds provided for each year since it started distributing funds.

Response

I enclose a copy of some of the information you requested.

Some of the information you have requested is available as it will be released as part of this FOI response. This relates to the Invitation to Tender document, which was embedded within another document. The Invitation to Tender will be released as a standalone document, therefore section 25(1) of FOISA has been applied to the embedded version.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections 38(1)(b) (personal information), 33(1)(b) (commercial interests) and 30(b)(ii) free and frank exchange of views) of FOISA applies to that information. The reasons why the exemptions apply are explained below.

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested as this is personal data relating to a third party. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of organisations that submit tenders to Scottish Government ITT processes for contracts relating to the distribution of funding. Disclosing this information would be likely to give competitors an advantage in future similar tendering exercises, which would substantially prejudice the organisation’s ability to submit competitive tenders and so could significantly harm their commercial business.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for, or enter into, Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

An exemption under section 30(b)(ii) (free and frank exchange of views) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on policy and Ministerial decisions relating to Keeping the Promises will substantially inhibit the provision of such advice in the future, particularly because it was sensitive advice ahead of decisions being made.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.