FOI Language Services (0527-2022/23)
Request
Please see below for a freedom of Information request in relation to your use of language services.
1. Total number of onsite face-to-face interpreting assignments in 2020, 2021 and year-to-date.
Please provide a breakdown by language for 2021 and year-to-date.
2. Total number of onsite face-to-face interpreting hours in 2020, 2021 and year-to-date.
3. What are the minimum qualifications of the onsite face-to-face interpreters you use (if you access a government framework (i.e the CCS Languages Service framework) and it is easier to advise the interpreter qualification band (i.e band 1, 2 or 3 etc) this would be acceptable?
4. Have you undertaken a physical audit on interpreter banding inline with the contract in the last 12 month?
a. If yes, please share the findings
5. Do you pay your supplier travel payments for face-to-face interpreting or is it an all-inclusive rate?
a. If you pay travel. Please advise how much travel you paid in 2020, 2021 year-to-date
6. Total number of onsite BSL interpreting assignments in 2020, 2021 and year-to-date.
7. Total number of remote video interpreting assignments in 2020, 2021 and year-to-date.
8. Total number of remote video interpreting hours in 2020, 2021 and year-to-date.
9. Total number of remote telephone interpreting assignments in 2020, 2021 and year-to-date.
10. Total number of remote telephone interpreting minutes in 2020, 2021 and year-to-date.
11. Total number of remote telephone interpreting assignments in 2020, 2021 and year-to-date.
12. Are the services access via a government framework?
a. If so, what is the name of the framework.
13. Are there KPI’s in place with attached service credit penalties/liquidated damages? What are these KPI's and what did the supplier achieve against these each month over the last 6 months?
a. If so, how much has the supplier paid in service credit penalties?
14. Does the current contract have a provision to increase rates within the contract period?
a. Have any rates been increased within the contract period?
b. What services have had a rate increase?
c. What was the percentage increase?
15. When does your current contract expire?
16. Who is the Senior Responsible Officer for the contract?
Response
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose the located information to you.
Q1, 2, 5, 6, 7, 8, 9, 10, 11 and 13. I have decided not to provide the information to you pursuant to Section 43(2) of the Freedom of Information Act 2000 – Commercial Interests. Please see exemption explanation below.
Q3. All Face to Face interpreters needs to be PAIT compliant.
Q4. No
Q12. ESPO Framework
Q14. No costs have increased in the life of the contract. Current contract due to expire 31st March 2023.
Q15. I have decided not to provide the information to you pursuant to Section 40(2) of the Freedom of Information Act 2000 – Personal information. Please see exemption explanation below.
Exemption Explanation.
I am required by law to identify the relevant parts (the exemptions) of the Freedom of
Information Act 2000 (the Act) that I have considered when reaching this decision, and I must also explain why these exemptions apply.
Section 40(2) – Personal Information
I am exempting the name of the senior contracts officer pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act).
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights
Section 43(2) – Commercial Interests
This is a qualified, class based exemption, which requires that I conduct a public interest test to
balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
This exemption applies because disclosing the information you have requested would, or wouldbe likely to, prejudice commercial interests.
Public Interest Test
Factors Favouring Disclosure
There is a strong public interest in public sector procurement. Releasing the information would
provide the public with the knowledge that the processes are carried out efficiently and the
spending of public funds used correctly and resourcefully.
Factors Favouring Non-Disclosure
Releasing procurement information would prejudice the commercial interests of North Yorkshire Police, as it would be likely to adversely affect the bargaining position of North Yorkshire Police during future contractual negotiations, which would result in less effective use of public money.
In additon, releasing information would hinder fair and open competition by the supplier and potentially affect their competitive edge within the market.
Balancing Test
Whilst there is an interest in costs associated with language translation services, information that could prejudice any future commercial interests of the force and that of the supplier would not be released.
The Force needs to ensure that relationships are not affected, to allow them to negoitiate the best possible price from market leaders and ensure competition is retained within the market environment.
Pursuant to Section 17(1) of the Act this acts as a Refusal Notice in relation to the exempted parts of your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.