Are they PS?

[matty]

Right so, have read an IPSE article and had a bit of a trawl around here, including a look at the classification spreadsheet NUK posted link to. I'm still struggling to really pin this down though. Apologies in advance if there is a post somewhere that answers this...

I've been contracting for a Growth Hub (eg: https://www.lepnetwork.net/growth-hubs/) for 6 months, with contract finishing end March. They want to extend me for another 6 months on same basis which I'm more than happy to do.

I had assumed they weren't public sector (my understanding was they were a private non-profit organisation who just happen to utilise public funding (ERDF etc) to fund their services) but I hadn't realised the definition was based on FOIA. My contract specifically mentions needing my ltd to be able to respond to FOI requests, which makes me think they must be responding to them. Does anyone know whether these Growth Hubs are classified as PS or not? Is there such a thing as an organisation choosing to respond to FOI requests (because of their funding streams) but not being obliged to (and therefore not technically a PS)??! (yeah ok I'm clutching at straws I think!).

They haven't said a single thing about it which makes me think either they just don't know anything about this change, or they don't believe they are categorised as a PS (which may or may not be accurate). If they don't believe they are PS, and we all progress on that basis, but then they realise they are later down the line, I'm assuming I'm screwed anyway right? eg: just because they didn't realise doesn't mean I'm ok??

Cheers all!

[northernladuk]

Have you asked them?

[SueEllen]

Have you asked them?

Silly - we are the gurus who are suppose to know.

[Andy Hallett]

I suspect they are not.

https://www.whatdotheyknow.com/searc...se+partnership

[teapot418]

I suspect they are not.

https://www.whatdotheyknow.com/searc...se+partnership

Very unclear, 'probably not'.

Yet they are responding

https://www.whatdotheyknow.com/body/...&commit=Search

[Lance]

if they are PS and you have some influence you just make sure they declare you as outside. If they don't have many contractors that should be pretty straightforward.

[matty]

Have you asked them?

Not yet, unfortunately only (by chance really) stumbled on this FOI bit late last night. Just thought a quick punt here was worth it in case anyone else had already worked for a growth hub somewhere and might already know. Sounds like safest to ask them and maybe even if they're not strictly PS, because they do seem to be responding to FOI will need them to document that the contract isn't IR35. Which could be fun as I'm not sure they even understand it!

[matty]

Good news!

Good news. Spoke to their procurement chap and confirmed they are a Ltd themselves, wholly private, so no issue.

For anyone interested...

The reason they have some FOI-esque stuff in contracts is because they use public funding to provide their services. So if a FOI request came in to one of their public funders asking about anything in supply chain then that funder is obliged to respond and might need information from supply chain to support. So it's in the growth hub contract with their funders, and therefore is in all their supplier contracts also. But they themselves are not obliged to respond to FOI requests made directly against them, and indeed have rejected some in the past.

In the same way, they follow the principles of public procurement (like if I want to book a meeting room for a workshop on my project, I have to go and get 3 quotes, which is fun!) - they have no obligation to do so, but in effect they choose to as it makes them squeaky clean to the funders.

Also spoke to someone via the IPSE legal helpline which was really useful backup to this.


Right back to do some actual work...
Cheers ears.

[northernladuk]

Complex stuff this contracting innit :|

[matty]

Complex stuff this contracting innit :|

Well it's all fun and games