FOI-03247

Thank you for your request for information about the following: 

##Request 

<p><i>‘Could I please make a Freedom of Information Request in order to ascertain the level of commission markup being charged by Alexander Mann Solutions (AMS) and Brook Street for the provision of temporary administration staff and whether there are contracts in place for both suppliers to NHS BSA.’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 8 October 2025.  

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

##<p><i>'Could I please make a Freedom of Information Request in order to ascertain the level of commission markup being charged by Alexander Mann Solutions (AMS) and Brook Street for the provision of temporary administration staff'</i></p>

We have considered this request under the Freedom of Information Act 2000 and we are issuing a refusal notice under section 17 of the FOIA.  

The NHSBSA does hold the requested information, but this information is exempt under section 43(2) of the FOIA as releasing the information would adversely affect the commercial interests of the NHSBSA. 

Section 43(2) is a prejudice based, qualified exemption and is subject to the public interest test. This means that in order for the information to be withheld, the public interest in maintaining the exemption must outweigh the exemption in disclosure. 

##Public Interest Test: 

##Considerations in favour of disclosure: 

Public accountability 

##Considerations against disclosure: 

Prejudice and weaken Crown Commercial Services position in managing this framework agreement thereby reducing any cost savings for the public sector. 

Prejudice and weaken the framework agreement suppliers’ competitive advantage if they are aware of each other’s pricing. 

Information is mainly of commercial interest rather than public interest.

Potentially serious detrimental effect on the commercial interests of the NHSBSA due to a reduction in the effectiveness of the competitive tendering process should the NHSBSA choose to re-test the market at a later time. 

##Conclusion: 

The NHSBSA recognises that there is a public interest in the disclosure of information which facilitates openness, transparency, and accountability in public authority dealings; however, there is an inherent public interest in the NHSBSA being able to work in competitive markets, whereby the financial and reputational benefit is put to the wider public interest.  

Having undertaken the balancing exercise, the NHSBSA concludes that the public interest in maintaining the exemption outweighs the public interest in disclosure. 

Please see the following link to view the section 43(2) exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/43 

##<p><i>whether there are contracts in place for both suppliers to NHS BSA.</i></p>

As a public sector organisation, NHSBSA is bound by the Procurement Act 2023 (and prior to 24th February 2025, the Public Contract Regulations 2015).   The Act requires contracting authorities to compete their requirements which are over applicable thresholds.  Also, as the NHSBSA is an arms’ length body of the Department of Health and Social Care we are bound by Cabinet Office controls for the contingent labour category of spend.  These controls mandate the use of central government frameworks for the procurement of contingent labour. 

Any queries regarding the framework should be directed to Commercial Crown Services: 

Website: https://www.gov.uk/make-a-freedom-of-information-request/the-freedom-of-information-act 

Email: <a href=mailto:foi-team@cabinetoffice.gov.uk>foi-team@cabinetoffice.gov.uk</a>

##Data Queries 

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data. 

##Reusing the data and copyright 

If you plan on producing a press or broadcast story based upon the data please contact <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. 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 2025”. 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. 

Tags: Alexander Mann Solutions, Brook Street
Organization: Freedom of Information Disclosure Log