Warmworks contract information: EIR release

Information requested

The documents released in relation to the Freedom of Information request FOI/17/02256.

Also the following in relation to the current Warmworks contract

• all contract paperwork for the current Warmworks contract
• In FOI/202300368364 you released that 3,032 households did not qualify for the scheme as there were "no suitable measures available under Warmer Homes Scotland". I would like that figure for each year for the last 3 years along with a breakdown (including numbers) as to why there were no suitable measures under the scheme
• all documentation relating to what Health and Safety Management System requirements Warmworks are required to have in place
• all documentation relating to what Health and Safety Management System any subcontractors that are conducting work on Warmworks behalf are required to have in place and how this is managed
• What Health and Safety Management system Warmworks currently operate and if it is certified
• all documentation relating to the requirements Warmworks have in place to manage competency of individuals within their own organisation
• all documentation relating to the requirements Warmworks have in place to manage competency of any subcontractors conducting work on their behalf
• all documentation relating to PAS 2035 and how Warmworks adhere to the standard
• all documentation relating to complaint management and corruption

 

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. 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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

• I would like to request the documents released in relation to the Freedom of Information request FOI/17/02256
• all contract paperwork for the current Warmworks contract

I enclose a copy of the documents released as part of FOI/17/02256.

I enclose a copy of the Contract held between Warmworks and Scottish Ministers for the delivery of Warmer Homes Scotland, and associated Contract Variation Notices.

• In FOI/202300368364 you released that 3,032 households did not qualify for the scheme as there were "no suitable measures available under Warmer Homes Scotland". I would like that figure for each year for the last 3 years along with a breakdown (including numbers) as to why there were no suitable measures under the scheme

Warmer Homes Scotland
Cancellation Year	2022-2023	2023-2024	2024-2025	Total Households
No suitable Measures	787	345	891	2023

Information relating to a breakdown of why there are no suitable measures is not collected, an exception under regulation 10(4)(a) – information not held, has been applied.

The information relating to the following 7 bullet points can be found within Document 1 of the contract documents provided. The full list of documents released or partially released can be found in Annex B of this response.

• all documentation relating to what Health and Safety Management System requirements Warmworks are required to have in place
• all documentation relating to what Health and Safety Management System any subcontractors that are conducting work on Warmworks behalf are required to have in place and how this is managed
• What Health and Safety Management system Warmworks currently operate and if it is certified
• all documentation relating to the requirements Warmworks have in place to manage competency of individuals within their own organisation
• all documentation relating to the requirements Warmworks have in place to manage competency of any subcontractors conducting work on their behalf
• all documentation relating to PAS 2035 and how Warmworks adhere to the standard
• all documentation relating to complaint management and corruption

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception 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 exception.

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 an exception(s) under the below regulation(s) of the EIRs.

• 10(4)(a) - information not held
• 10(4)(e) – internal communications
• 10(5)(c) - intellectual property rights
• 10(5)(e) - the confidentiality of commercial or industrial information

The reasons why that exception(s) applies are explained in Annex A of this letter.

These exceptions are 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because it relates to delivery of a Scottish Government funded scheme. However, this is outweighed by the public interest in upholding the exceptions as the information could damage the commercial interests of Warmworks Scotland LLP.

*Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.

About FOI

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

EIR 202500471397 - Information released - Annex A and B

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PDF

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122.4 kB