Dental providers and UDA's

Summary

The Department of Health and Social Care provided the total contracted UDAs and associated budget for 2018-2019, but withheld data on unachieved UDAs for 2016-2018 and disputed reimbursements due to commercial interest exemptions and pending publication.

Key Facts

• The total number of UDAs contracted for 2018-2019 is 142,079.
• The cost for these UDAs is £3,937,486.09 against a budget of £4,036,000.00.
• Information on unachieved UDAs for 2016-2017 is accessible via a previous FOI response (362737).
• Data for 2017-2018 was withheld under Section 41(c) as it was scheduled for publication in September 2018.
• Reimbursement details for the Ravat and Ray provider dispute were withheld under Section 30 to protect commercial interests.

Data Disclosed

• 142,079
• £3,937,486.09
• £4,036,000.00
• 2018-2019
• 2016-2017
• 2017-2018
• September 2018
• FOI 362737
• 25 July 2018
• 21 August 2018

Exemptions Cited

• Section 11: Information accessible by other means
• Section 41(c): Information for future publication
• Section 30: Commercial interests

Original Request

Question (1) Please provide for the years 2018-2019, the total number of UDA's contracted to the Islands dental providers. Question (2) Please provide for the years 2018-2019, the cost/budget for these UDA's for this period. Question (3) Please provide the corrected total value of reimbursement per provider of UDA's not achieved for the years 2016-2017 and 2017-2018 Question (4) Please provide the total value of the reimbursement due from Ravat and Ray provider, that in a previous FOI response was listed as "in Dispute" Question (5) For the years 2017-2018; the number of completed UDAs for each dental provider.

Data Tables (1)

Full Response Text

Chief Executive: Malcolm Couch Freedom of Information Team DHSC Digital Cronk Coar Strang IM4 4RJ

(01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc 21 August 2018
Our ref: 549433

Dear ###

We write further to your request which was received on 25 July 2018, which states:

"Question (1) Please provide for the years 2018-2019, the total number of UDA's contracted to the Islands dental providers. Question (2) Please provide for the years 2018-2019, the cost/budget for these UDA's for this period. Question (3) Please provide the corrected total value of reimbursement per provider of UDA's not achieved for the years 2016-2017 and 2017-2018. Question (4) Please provide the total value of the reimbursement due from Ravat and Ray provider, that in a previous FOI response was listed as "in Dispute" Question (5) For the years 2017-2018; the number of completed UDAs for each dental provider."

Our response to your request is as follows: We are pleased to be able to provide a response to your request with answers to some of your questions; and while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested; the reasons are shown as part of the corresponding answers below. Question (01) Please provide for the years 2018-2019, the total number of UDA's contracted to the Islands dental providers. The total number of UDAs contracted to the Island’s dental providers for 2018-19 is 142,079.

Question (02) Please provide for the years 2018-2019, the cost/budget for these UDA's for this period. The cost is £3,937,486.09 and budget for the above UDAs is £4,036,000.00. Question (03) Please provide the corrected total value of reimbursement per provider of UDA's not achieved for the years 2016-2017 and 2017-2018. While our aim is to provide information wherever possible, in this instance we are unable to provide this information, because of an exemption under Section 11 of the Freedom of Information Act, whereby the information is accessible through other means. The information regarding the number of UDAs per contractor and their achievements in respect of 2016-17 is available in FOI 362737. Here is the link to the response: https://iom.icasework.com/servlet/ep.getImg?ref=D167834&bin=Y&auth=0&db=ZVD1 ZPdIGvo%3D&access_token=gyXSb81VXBnaEKB4p0aWKS_BSOsCRf7yUKOB6otCVb6w utpGMacVg2P1JWfktdAy.9y_rq7pl26IU2wdHtR96mw%3D%3D In relation to the information in respect of 2017-18, while our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under Section 41(c) of the Act- Information for future publication. Early disclosure of this information would be likely to prejudice the commercial interests of both the dental practitioners and the Department of Health and Social Care. The information will be available at the end of September 2018, when the information has been collated and contract visits have taken place with the individual contract holders. As section 41 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure • Transparency of information. • Public knowledge of how public money is being spent - demonstrating the Department's support of the Programme for Government's strategic objective 'Financially Responsible Government', by ceasing a relationship with an underperforming contractor, ensuring best value for money going forward.

Factors in favour of withholding • This would enable prospective contract holders to know the value of individual contract and could impede negotiations and increase costs in relation to future contracts. • There is a need to spend tax payers money in the best way possible, providing the best value for money for services.

In taking these factors into account, the Department of Health and Social Care determined that the factors in favour of maintaining the exemption outweigh the factors in favour of early disclosure of the information.

Question (4) Please provide the total value of the reimbursement due from Ravat and Ray provider, that in a previous FOI response was listed as "in Dispute" While our aim is to provide information whenever possible, in this instance the information requested is exempt under section 30 of the Act, as disclosure would be likely to prejudice the commercial interests of both the dental practitioners and the Department of Health and Social Care. As section 30 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. Factors in favour of disclosure • Demonstrating the Department’s support of the Programme for Government’s strategic objective “Financially Responsible Government”, by ceasing a relationship with an underperforming contractor, ensuring best value for money going forward. • Eliminating the speculation as to why the contract was “snatched away” from the practitioner who has a good reputation with their patients, for which the Department receives “bad publicity”, largely online. • Transparency in the use of public funds. Factors in favour of withholding • Preventing the direct identification of this practitioner, potentially damaging their reputation and ability to continue to trade. • The likely impact upon the relationships with future contractors who may be discouraged from dealing with the public sector, fearing disclosure of information that may damage them commercially. • The likelihood of interfering with ongoing investigations. In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department of Health and Social Care has taken the following into consideration: • The severity of the impact of the prejudice is significantly weighted towards maintaining the exemption owing to the likelihood of the last three points. • The age of the information has been considered and as there are still ongoing investigations, the Department maintains that the information should not be disclosed. • While disclosure would further the public interests identified above, the Department does not believe these factors outweigh the likely damage that could be caused following disclosure. • While disclosure would correct misinformation, the Department does not feel this outweighs the factors of maintaining this exemption at this time, due to likelihood of interfering with ongoing investigations.

In taking all of these factors into account the Department of Health and Social Care determine that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. Question (5) For the years 2017-2018; the number of completed UDAs for each dental provider." Please find the response in the table below: *Ravat & Ray ceased contract provision with effect 31.3.18. Their contracted UDAs had been reduced for 2017-2018 from their original contracted amount of 18,500 to 8,725.8. This contract was re-procured accordingly and Regent Dental Care commenced a new contract for 18,500 UDAs from 01.04.18 which ensured continued NHS dental provision for patients who were previously allocated to Ravat and Ray. For further information to assist the requestor with any additional questions they may have regarding UDA achievements; for 2018-2019 the Providers who under-achieved the agreed UDAs for 17-18 will carry over or financially reimburse any shortfall as follows: - Financial information on individual reimbursements will not be provided due to commercial sensitivity, under the exemption applied in Question 4.

Please quote the reference number 549433 in any future communications.

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I will now close your request as of this date.

Yours sincerely