Regional Support Unit HMCTS North West 13th Floor, PO Box 4237 Manchester Civil Justice Centre 1 Bridge

St West Manchester M60 1TE DX 724780 Manchester 44 T 0161 240- 5838 F 0161 240- 5846 E: NWRegionalSupportCorrespondence.h mcts.gsi.gov.uk
www.justice.gov.uk

27th February 2012

Our ref: FOIA 73827 (IR 73344/11)

Freedom of Information Act 2000 (FOIA) Outcome of Internal Review Thank you for your Internal Review request of 1st December 2011 regarding a Freedom of Information request in which you asked for the following information, held by Grimsby Magistrates Court, in relation to North East Lincolnshire Council. 1) The total amount paid to HMCTS with respect credit card payments made by the local authority. 2) The total amount paid in fees by HMCTS with respect credit card payments made to HMCTS by the local authority. To clarify this request, the "fees" I refer to are those normally paid to banks which are associated with credit card payments and are typically around 1.25% to 2.5% of the sum involved. A response was issued on 1st December 2011. The department provided you with information relating to part 1) of your query but information relating to part 2) was not provided. Your request for an Internal Review related to part 2) of your enquiry. The purpose of an Internal Review is to assess how the Freedom of Information request was handled in the first instance and to determine whether the original decision given to you was correct. I have reassessed your case and have concluded that the department ought to have provided the part 2) information you requested. The department had previously considered that, because releasing information on fees would reveal the percentage charge negotiated between HMCTS and the Acquiring Bank in the credit card transaction, this information was exempt under Section 43(2) of the FOIA. This was on the basis that disclosure would prejudice the commercial interests of the parties involved. The department also considered that it was not in the public interest to release the information. Having made enquiries about the contract with the Acquiring Bank, I was satisfied that there were instances in which the provisions of the Freedom of Information Act could override any clause about commercial prejudice or confidentiality. I considered your request was one such instance, because I also believed that the public interest was better served by releasing the information to you. I took into account the governments transparency agenda and the widespread interest in

credit card fees generally. Also, as credit card payments may become a more frequent method of payment accepted by HMCTS, I considered it reasonable for the public to expect to know about the fees associated with such transactions. The complete information you requested is therefore as follows: 1) The total amounts paid to HMCTS by North East Lincolnshire Council to HMCTS in respect of Grimsby Magistrates Court by way of credit card payment are as follows:Financial Year 2009/10 2010/11 40,785.00 (NB credit card payments commenced Dec 2009) 172,292.00

2) The total amount paid in fees by HMCTS in respect of those payments was as follows:2009/10 2010/11 706.27 2,983.58

I apologise for the delay in providing an outcome to your request for an Internal Review. This was in part caused by the need to notify the Acquiring Bank of HMCTS intended response to you.