Thank you for your request for information about the following:

1. Please provide all emails sent between NHS Business Services Authority and Stonewall between these two dates. (01/01/2022 – 31/03/2023)

2. Please provide information about all moneys paid to Stonewall by the NHS Business Services Authority between these two dates.(01/01/2022 – 31/03/2023)

3. Please provide the NHS Business Services Authority's submission to Stonewall's Workplace Equality Index for 2023 which resulted in the NHSBSA coming 4th in the Stonewall Top 100 Employers 2023.

Your request was received on 11 July 2023 and I am dealing with it under the terms of the Freedom of Information Act 2000.

Response

Question 1

Due to the number of files these cannot be uploaded to the Open Data Portal. If you require access to these files, please contact us at foirequests@nhsbsa.nhs.uk quoting the reference number FOI-01299.

Please read the below notes to ensure correct understanding of the data.

Please be aware that I have decided not to release staff names and contact details as this information falls under the exemption in Section 40 subsections 2 and 3(A)(a) of the Freedom of Information Act.

This is because it would breach the first data protection principle as:

a) It is not fair to disclose these people’s personal details to the world and is likely to cause damage or distress to staff

b) These details are not of sufficient interest to the public to warrant an intrusion into the privacy of those staff.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/40

In addition, some emails and attachments which relate to Stonewall’s training course content and newsletters have not been disclosed as they are exempt under Section 43(2) of the Freedom of Information Act 2000, as releasing this information would adversely affect the commercial interests of NHSBSA.

Section 43(2) is a prejudice based ‘qualified’ exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.

Prejudice Test:

The PDFs are the training course content provided by Stonewall in relation to training which NHSBSA paid to receive. Disclosure of the course content would therefore be likely to prejudice Stonewalls’ commercial interests as it would allow other organisations to use the course content and capitalise from this by offering it as a training package to other organisations and would also allow for other organisations to utilise the training content without paying Stonewall for this.

Newsletters form part of the paid membership to Stonewall and therefore disclosure would harm Stonewall’s commercial interests be disclosing these in the public domain.

Public Interest Test:

Considerations in favour of disclosure:

The inherent public interest in openness and transparency of public authority dealings.

Considerations against disclosure:

Stonewall have been consulted and they have confirmed that they believe disclosure would harm their commercial interests.

Disclosure of the information in the public domain would put Stonewall’s commercial interests at risk because it would enable competitors or other organisations to use the course content and capitalise from this by offering it as a training package to other organisations.

Disclosure would also allow other organisations to utilise the training content without paying Stonewall for this.

The inherent public interest in avoiding the prejudice specified in the exemption. 

Conclusion:

NHSBSA recognised that there is a public interest in the disclosure of the information which facilitates the accountability and transparency of public authorities; however, there is also a public interest in maintaining the commercial interests of Stonewall.

Given that the definition of ‘public’ under the Freedom of Information Act 2000 is considered to be the public at large, rather than just the individual applicant and that ‘public interest’ is not necessarily the same as what interests the public, it is considered that to release this commercially sensitive information into the public domain is likely to prejudice the commercial interests of NHSBSA which is not outweighed by the public interest for disclosure.

Question 2

Time Frame

1 January 2022 to 31 March 2023

Data

January 2022 – London Workplace Conference Event - £240

February 2022 - Allies training - £480

September 2022 - Preparing for an LGBTQ+ Inclusive Black History Month event - £100

October 2022 - Membership - £2575

October 2022 - Bi Visibility - Training £100

October 2022 - Mental Health - Training £150

October 2022 - Understanding LGBTQ+ - £100

February 2023 - Allies Training - £360

March 2023 - Stonewall Conference - £620

Question 3

NHSBSA does hold the requested information. NHSBSA considers this information exempt from disclosure under Section 43(2) of the Freedom of Information Act 2000, as releasing this information would adversely affect the commercial interests of NHSBSA.

Section 43(2) is a prejudice based ‘qualified’ exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.

Prejudice Test:

Disclosure of NHSBSA’s submission will be likely to cause prejudice to NHSBSA as the submission to the Workplace Equality Index is a highly competitive process with hundreds of organisations entering to achieve the highest ranking possible. The timescale of the work required for the NHSBSA submission spans 9 months – 1 year and requires specialist skills and knowledge from staff within the organisation to provide the work that underpins the submission.

NHSBSA ranked 4th in Stonewall's Workplace Equality Index for Top 100 Employers in 2023. This ranking was achieved following improvement over 10 years submitting to the Index. Disclosing our submission would therefore be likely to prejudice our commercial interests by reducing and weakening our competitive nature when reapplying for our next submission.

It also places NHSBSA at an unfair disadvantage to other competitors who are not public authorities and therefore are not subject to the Freedom of Information Act 2000 and can subsequently maintain confidentiality over their Index submissions to preserve their commercial interest.

Public Interest Test:

Considerations in favour of disclosure:

The inherent public interest in openness and transparency of public authority dealings.

Considerations against disclosure:

NHSBSA ranking in the index is publicly available information which therefore evidences transparency within the NHSBSA with regards to Diversity and Inclusion.

The Workplace Equality Index forms part of NHSBSA Diversity and Inclusion and Talent Acquisition Strategies and is an important attraction element for NHSBSA evidencing the inclusive nature of the organisation and therefore attracting a competitive workforce.

As NHSBSA are currently 4th place in the Workplace Equality Index for Top 100 Employers 2023, disclosing this information may give other participating organisations an unfair advantage if they are able to view NHSBSA’s submission in advance and therefore is likely to prejudice NHSBSA competitive nature for future Stonewall Index submissions by placing NHSBSA at a significant disadvantage against competitors.

The inherent public interest in avoiding the prejudice specified in the exemption.

Conclusion:

NHSBSA recognised that there is a public interest in the disclosure of the information which facilitates the accountability and transparency of public authorities; however, there is also a public interest in NHSBSA being able to work and strive within competitive workforce market which is put to the wider public interest.

Given that the definition of ‘public’ under the Freedom of Information Act 2000 is considered to be the public at large, rather than just the individual applicant and that ‘public interest’ is not necessarily the same as what interests the public, it is considered that to release this commercially sensitive information into the public domain is likely to prejudice the commercial interests of NHSBSA which is not outweighed by the public interest for disclosure.

Please note that Section 40 of the Freedom of Information Act 2000, as set out above in relation to question 1, also applies to the requested information for question 3.

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement:

“NHSBSA Copyright 2023” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.