Approval history of a specific SIA approved contractor
Published 7 August 2024
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Request
Can you please let me know, when did [REDACTED] go on the SIA Approved Contractor Scheme (ACS) register for door supervision activities?
If [REDACTED]’s registration on the scheme has been intermittent, can you please supply the registration history?
Response
I can confirm that the SIA does hold some of this information.
The company in question was added to our register of approved contractors on 11 March 2024.
The registration history of this company information is exempt from disclosure under 43(2) of Freedom of Information Act 2000 because it is commercially sensitive. Section 43(2) of the FOIA relates to information that would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it). In this case, the person is considered to be the controlling minds of [REDACTED].
Prejudice test
In deciding whether the release of this information would or would likely, prejudice [REDACTED] commercial interests, I have first applied the prejudice test.
Applicable interests
If the SIA publishes the history of this company’s registration to the ACS, it may affect their ability to fairly compete with other ACS companies for business within the industry. This is because the information you have requested is not available in respect of all companies who are part of the ACS, therefore potentially giving you an advantage and exposing this specific company to a disadvantage. Furthermore, if this information was made available in respect of only this company, somebody could make detrimental assumptions or conclusions about its release which directly impacts the interests of the company.
Nature of prejudice
The nature of the prejudice has been assessed as being of substance and this is because whilst the company could provide context around their registration history, the SIA cannot as we do not hold this information. In that sense, the information alone being made public could cause a detrimental effect to the business. Because of the lack of context, the information is therefore open to interpretation by the public and because it is unavailable for all ACS companies, it isolates [REDACTED] and unfairly highlights their background and company decisions. This exposes [REDACTED] to harm.
It is my view that the prejudice test is satisfied.
Public interest test
The SIA must also consider the public interest test when applying this exemption.
We acknowledge there is a public interest in allowing the public access to perhaps more detailed information in respect of SIA approved contractors, because it allows for the SIA as a public body to remain open and transparent, contributing to public confidence in us as a regulator.
However, the SIA considers that withholding the information outweighs the public interest in disclosure in this case. This is because this information would not assist public understanding of the ACS, this specific company, or any other company as the SIA is unable to provide context around the registration history of approved contractors. In addition, the severity of the prejudice has been assessed above as being ‘of substance’ because of the negative assumptions and conclusions it may attract. For example, it may allow people to assume that the company are incompetent, and this would affect their negotiating position when it comes to competing for contracts in the industry, or their current commercial interests in respect of any live contracts they may have.
The SIA already maintains a register of approved contractors, which provides the public with necessary information in respect of all approved contractors.
[Ref: FOI 0516]