Mad Eyed Screamer
Moderator
Date: 11th September 2024
Re: Request for Information – Money Owed to the Council by FC United – Reference Number: FOI/13534
Thank you for your request for information, which was received by Manchester City Council on 14/08/2024 and has been considered under the provisions of the Freedom of Information Act 2000 (“the 2000 Act”).
You asked
Using the Freedom Of Information Act can I ask the following and be provided with the information:
1. How much money do FC United owe MCC?
2. When / how often are they expected to make repayments?
3. Are they up to date with repayments?
4. If the answer to Number 3 is no, then why is that the case?
5. If the answer to number 3 is no, what action is being taken (if any) to ensure repayments are being made when scheduled?
I confirm that the Council does hold the information that you have requested. However, having carefully considered the information, the Council has determined that it is unable to comply with part of your request:
2. When / how often are they expected to make repayments?
3. Are they up to date with repayments?
4. If the answer to Number 3 is no, then why is that the case?
5. If the answer to number 3 is no, what action is being taken (if any) to ensure repayments are being made when scheduled?
This is because part of the requested information is exempt from disclosure under the following qualified exemption:
Commercial Interests - Section 43(2) Freedom of Information Act 2000
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
I am of the opinion that the disclosure of the information you request for details in relation to the details regarding the FC United loan repayments would be likely to prejudice the commercial interests of Manchester City Council.
The reason for this is that if the detail regarding the loan repayments was released publicly this would be likely to prejudice the Council’s position in potential future situations related to loans / commercial negotiations and could reduce the Council’s ability to negotiate or compete in a commercial environment.
Public Interest Test
I have considered whether the public interest in maintaining the exception outweighs that in disclosure.
Public interest factors in favour of disclosure:
The general public interest in transparency
It will promote accountability and transparency in decision-making by the Council
It will assist the public to understand why a decision was made
Public interest factors in favour of engaging the exception:
Competition – There is a public interest in allowing the Council to withhold information which if disclosed, would reduce its ability to negotiate or compete in a commercial environment.
Reputational damage/loss of customer confidence – Disclosure of the information requested may cause unwarranted reputational damage to the Council which may in turn damage its commercial interests through loss of trade.
Impact on other negotiations – Revealing information such as the amount of loan repayments is likely to be detrimental to the Council’s negotiations on other loans and contracts.
Having considered the above factors, and the principal in favour of disclosure, I consider that the public interest in maintaining the exception outweighs that in disclosure.
The Council does, however, consider that the other part of the requested information can be disclosed. That information is provided below:
1. How much money do FC United owe MCC
FC United owes Manchester City Council £900,000.
Please note if you are not satisfied with this response you may ask for an internal review. If you have received this response by email the best way to submit a request for internal review is to respond directly to the email, leaving the email's subject line unchanged. Alternatively, you can contact the Council's Information Compliance Team at foi@manchester.gov.uk or Democratic Services Legal Team, PO Box 532, Town Hall, Manchester, M60 2LA. A copy of the Council’s information rights complaints procedure can be downloaded from: http://www.manchester.gov.uk/downlo...o_information_complaints_and_appeal_procedure. If you do not have internet access and require a paper copy, please let me know.
If you are not content with the outcome of the internal review process, you have the right to apply directly to the Information Commissioner for a decision.
You should primarily contact the Information Commissioner on the following link:
www.ico.org.uk/foicomplaints
Alternatively the Information Commissioner can also be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Fax: 01625 524510
www.ico.org.uk
If you have any queries about this letter please contact me. Please remember to quote the reference number above in any future communications. If you have received this response by email, please leave the email's subject line unchanged when responding to it.
Yours sincerely
Samantha Mcardle
Head of Corporate Finance (Deputy City Treasurer)
Re: Request for Information – Money Owed to the Council by FC United – Reference Number: FOI/13534
Thank you for your request for information, which was received by Manchester City Council on 14/08/2024 and has been considered under the provisions of the Freedom of Information Act 2000 (“the 2000 Act”).
You asked
Using the Freedom Of Information Act can I ask the following and be provided with the information:
1. How much money do FC United owe MCC?
2. When / how often are they expected to make repayments?
3. Are they up to date with repayments?
4. If the answer to Number 3 is no, then why is that the case?
5. If the answer to number 3 is no, what action is being taken (if any) to ensure repayments are being made when scheduled?
I confirm that the Council does hold the information that you have requested. However, having carefully considered the information, the Council has determined that it is unable to comply with part of your request:
2. When / how often are they expected to make repayments?
3. Are they up to date with repayments?
4. If the answer to Number 3 is no, then why is that the case?
5. If the answer to number 3 is no, what action is being taken (if any) to ensure repayments are being made when scheduled?
This is because part of the requested information is exempt from disclosure under the following qualified exemption:
Commercial Interests - Section 43(2) Freedom of Information Act 2000
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
I am of the opinion that the disclosure of the information you request for details in relation to the details regarding the FC United loan repayments would be likely to prejudice the commercial interests of Manchester City Council.
The reason for this is that if the detail regarding the loan repayments was released publicly this would be likely to prejudice the Council’s position in potential future situations related to loans / commercial negotiations and could reduce the Council’s ability to negotiate or compete in a commercial environment.
Public Interest Test
I have considered whether the public interest in maintaining the exception outweighs that in disclosure.
Public interest factors in favour of disclosure:
The general public interest in transparency
It will promote accountability and transparency in decision-making by the Council
It will assist the public to understand why a decision was made
Public interest factors in favour of engaging the exception:
Competition – There is a public interest in allowing the Council to withhold information which if disclosed, would reduce its ability to negotiate or compete in a commercial environment.
Reputational damage/loss of customer confidence – Disclosure of the information requested may cause unwarranted reputational damage to the Council which may in turn damage its commercial interests through loss of trade.
Impact on other negotiations – Revealing information such as the amount of loan repayments is likely to be detrimental to the Council’s negotiations on other loans and contracts.
Having considered the above factors, and the principal in favour of disclosure, I consider that the public interest in maintaining the exception outweighs that in disclosure.
The Council does, however, consider that the other part of the requested information can be disclosed. That information is provided below:
1. How much money do FC United owe MCC
FC United owes Manchester City Council £900,000.
Please note if you are not satisfied with this response you may ask for an internal review. If you have received this response by email the best way to submit a request for internal review is to respond directly to the email, leaving the email's subject line unchanged. Alternatively, you can contact the Council's Information Compliance Team at foi@manchester.gov.uk or Democratic Services Legal Team, PO Box 532, Town Hall, Manchester, M60 2LA. A copy of the Council’s information rights complaints procedure can be downloaded from: http://www.manchester.gov.uk/downlo...o_information_complaints_and_appeal_procedure. If you do not have internet access and require a paper copy, please let me know.
If you are not content with the outcome of the internal review process, you have the right to apply directly to the Information Commissioner for a decision.
You should primarily contact the Information Commissioner on the following link:
www.ico.org.uk/foicomplaints
Alternatively the Information Commissioner can also be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Fax: 01625 524510
www.ico.org.uk
If you have any queries about this letter please contact me. Please remember to quote the reference number above in any future communications. If you have received this response by email, please leave the email's subject line unchanged when responding to it.
Yours sincerely
Samantha Mcardle
Head of Corporate Finance (Deputy City Treasurer)