DE00000423357

 

16 July 2009

 

Dear Ms Speers 

Thank you for your email of 19 June, which asked a number of questions as a follow up to your previous FOI request for all documentation on the development of the term Foundation Trust equivalent (FTe) (ref: DE414841).

1. In relation to our initial answer to your question which asked for ‘Dates when decision on FTe was reached in Parliament?’ you have said:

‘…. I am still requesting, under FOI, copies of the official documents recording the due process involved in the Ministers decision when they confirmed that three Mental Health Trusts with high secure services would be eligible to apply for FTe status? AND: Or maybe the documentation is available when the term Foundation Trusts status was debated within both Houses? AND I understand from information I have that secure services were working towards FT status when it changed to FTe, Is there any documentation which shows the reasoning behind the Ministers decisions?

To address this question, attached is the letter that was sent to the Chief Executives of the three Mental Health trusts with high secure services, confirming the decision made around Foundation trust status for these organisations and the rationale for this. Given the circumstances of this issue, in that it is an operational matter for the NHS and there are no legislative changes proposed, there has, to date, been no debate in either House.

Since these letters were sent, officials from the relevant organisations have worked together to guide the development of the policy signalled to the three Chief Executives in the attached communication. However, we are withholding documents relating to their meetings and other discussions under S12(1) of the FOI Act, as the estimated cost in locating and reviewing the papers and minutes of the meetings exceeds the appropriate limit for such FOI requests.   Section 12 exempts public authorities from the duty to comply with a request for information if the estimated cost of complying would exceed the appropriate £600 limit (the equivalent of three and a half working days) laid down, under statutory regulations, for central government bodies.

You might consider submitting another FOI request which focuses on one or more of these key areas for development:

• service performance/compliance - how would an FT equivalent organisation operate differently, in addition to the nuance of providing high secure services alongside local mental health services
• finance - what would the differences be for the financial regime of an FT equivalent organisation
• membership - what would an FTe membership look like and how would it influence the running of the organisation
• branding - how would an FT equivalent organisation be branded
• assessment - what is the process for determining whether an organisation is suitable to become an FT equivalent

However, if you do submit a new request, there may be information within the documents which could be subject to other exemptions under the Freedom of Information Act.  For example, personal information, which could be withheld under S40.

2. In relation to your initial question around the intentions of FTe status you have asked an additional question:

AND: Who is involved in the assessment process AND: In relation to the 'rigorous assessment process' you referred to, can I access the Broadmoor Investigation Report commissioned by the Secretary Of State and how will comments arising from the report be fed in to the assessment process?

The exact detail of the assessment process is still being developed with Department of Health officials working with the FT regulator to develop a process (for FTes) of comparable rigour to that for FTs. FT assessments take account of a wide range of intelligence for a view to be formed on whether an organisation is ready to be authorised and operate within the different regime. This assessment will include reports into the quality of care at providers and any external investigations into particular incidents that have occurred.

Further to your additional request, the Secretary of State has not commissioned a report into Broadmoor hospital.

3. In relation to your initial question around documentation showing how the FTe registration process has been progressed, you have asked the following:

‘…. if SHA's are to approve Trusts progression with FTe application how does DH convey the results of Independent Investigations commissioned by the Secretary of  State to SHA? AND: What DH documentation is used for this process? AND: If as you confirm " The policy announcement on April 1 2009 confirmed that the trusts who manage the three high secure units in England are eligible to commence with their applications." Can I have the DH documentation on when this policy decision was discussed and who was involved in those discussions?

As discussed in our initial response, the first stage for one of the Mental Health trusts with high secure services to apply for FTe status is for their SHA to approve for them to proceed with their application. This decision by the SHA will take into account a wide range of information to ensure the organisation is appropriately prepared for beginning their application to become an FTe organisation. SHAs will consider findings carried out by external regulators, as they do for other trusts working towards FT status.

4. In relation to your initial question around responsibility for monitoring healthcare under FTe status you have asked the following:

AND: How often will CQC review FTe's?

We anticipate that CQC will continue to regulate the quality of care at the three high secure providers in the same way irrespective of whether or not they become FT equivalent, however the regulatory arrangements are a matter for CQC to decide. Importantly, the provision of high secure services will continue to be subject to specific performance management arrangements for these services, irrespective of the status of the organisation.'

If you have any queries about this email, please contact me. Please remember to quote the reference number above in any future communications.
 
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:
 
Head of the Freedom of Information Team
Department of Health
Room 317
Richmond House
79 Whitehall,
London
SW1A 2NS
  
Email: xxxxxxxxxxxxxxxxxxxx@xx.xxx.xxx.xx
 
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Department. The ICO can be contacted at:
 
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Yours sincerely,

 

 
Lynn Swyny
FOI Case Manager
Department of Health