Bristol Histopathology Inquiry

Dear Monitor - Independent Regulator of NHS Foundation Trusts,

1. On 4th January 2012, Mr Robert Woolley, Chief Executive of
University Hospitals Bristol NHS Foundation Trust (UHBT), presented
a document to South Gloucestershire Health Scrutiny Select
Committee that contained this statement:

"Monitor recognised that the Independent Inquiry demonstrated that
the Trust was not an outlier in terms of the clinical impact of
histopathology on patient care."

Please send me the evidence that demonstrates to you that the Trust
is not an outlier in terms of the clinical impact of histopathology
on patient care. I expect to see comparative information with other
Foundation Trusts.

2. Mr Woolley's statement also says "Monitor noted.........Evidence
of good practice in the governance of patient safety and risk
management in the Trust."

Please send me the evidence (i.e. that it works in practice and is
not just documented) of good practice you have seen in the
governance of histopathology, which I assume you satisfied
yourselves can be related back to the many examples of good
practice guidance issued by the Royal College of Pathologists and
National Institute for Clinical Excellence.

3. Please send me copies of all communications between Monitor,
UHBT Board Chair Dr John Savage, CEO Mr Robert Woolley and NHS
Bristol Chief Executive Ms Deborah Evans relating to UHBT
histopathology concerns, from June 2009 to the present - without
redactions.

4. It is clear that Monitor did not pick up on UHBT's
histopathology problems when the trust was applying for Foundation
Trust status. Has Monitor put in place any processes for
identifying such skeletons in the cupboard in respect of current
and future Foundation Trust applications? If so, please provide
details.

Yours faithfully,

Mrs D Havercroft

on behalf of South West Whistleblowers Health Action Group

Dear Estelle,

No, I don't want you to handle my requests for information under 1,
2, 3 and 4 as general enquiries.
I am not asking for Monitor's response to what you term "issues".
If I wanted Monitor to respond to issues, I would raise a formal
complaint, not a Freedom of Information Request.

I am asking for the following:

1. Information possessed by Monitor that it regards as evidence
that UHBT is not an outlier in comparison with other Trusts in
terms of the clinical impact of
histopathology on patient care.

2. Information possessed by Monitor which it regards as
demonstrating good practice and has seen performed in the
governance of histopathology, and which supports Monitor's decision
to remove UHBT's amber/red rating.

3. Copies of all communications between Monitor,
UHBT Board Chair Dr John Savage, CEO Mr Robert Woolley and NHS
Bristol Chief Executive Ms Deborah Evans relating to UHBT
histopathology concerns from June 2009 to the present - without
redactions.

4. Details of any processes Monitor may have put in place in
respect of Foundation Trust applications that would now identify
similar problems to the Bristol Histopathology concerns before a
Trust was granted Foundation Status.

Please respond to these requests for information under the
statutory provisions of the Freedom of Information Act. They are
all covered by the Act, which is all about promoting openness and
accountability across the public sector.

Yours sincerely,

Mrs D Havercroft

Dear Monitor - Independent Regulator of NHS Foundation Trusts,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Monitor - Independent
Regulator of NHS Foundation Trusts's handling of my FOI request
'Bristol Histopathology Inquiry'.

Section 33(1)b exemption. I do not accept this. I have documented
examples of the trust failing to deal fully and frankly with
Monitor, just one example being its 12 month delay in telling
Monitor about serious histopathology patient safety issues.I have
seen no evidence that Monitor is carrying any effective audit of
the reason for this trust board's unsatisfactory conduct in
relation to the histopathology inquiry. Therefore my FOI request
cannot be prejudicial to something that does not exist - namely
effective audit function in relation to all the questions that the
public wants answered.

Public interest test - you state that if this test prevails, NHS
foundation trusts and other relevant third parties are likely to
lose confidence in Monitor. Too late. Members of the public have
already lost confidence in Monitor's handling of the histopathology
governance issues at this trust - you have sat back while it has
flouted the law on FOIA, spent public money on a flawed inquiry
and, in my opinion, committed very serious breaches of the terms of
its FT authorisation, for reasons I shall spell out in a separate
letter to your Acting Chief Executive.

Section 31 - you claim exemption because "disclosure of the
information would or would be likely to prejudice the exercise by a
public authority of its functions for the purposes of ascertaining
whether circumstances exist or would arise which would justify
regulatory action in pursuance of an enactment". The histopathology
inquiry report was issued nearly eighteen months ago. My FOIA
request relates solely to histopathology. If you were going to
"pursue an enactment", you would surely have done it by now.

Section 41 - The information you have withheld using this exemption
was provided by public servants, who are accountable to the public.
I cannot agree that public servants, involved in matters of
considerable public interest, have a right to expect that
information they provided to Monitor should automatically remain
confidential.

Section 43 - Commercial interests - "competitors may be able to use
such information to their advantage to the detriment of the Trust's
legitimate interests." The NHS constitution and government policy
requires the trust to demonstrate that its histopathology services
match the standards of other NHS and private providers. This is not
a "legitimate" reason for Monitor to withhold the information I
have requested.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/br...

Yours faithfully,

Mrs D Havercroft