Failure to supply FOI contact details and FOI on smoking policy

Dear Mr Willis

Thank you for your e-mail, regarding a request for information on the hospital's smoking ban.

For your information the reference number that relates to your application is foi.09.123.

We note that you state you initially submitted your request on Monday 11 May, and will endeavour to provide a response within 20 working days from this date, as specified by the Act, ie 09 June 2009.

However, to enable us to investigate what action has been taken so far we would be grateful if you could specify the name and e-mail address that you sent your e-mail of 23 May to.

Yours sincerely

Sally Maine
Information Access Co-ordinator
Derby Hospitals NHS Foundation Trust

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Dear Mr Willis

Please find attached the Trust's response to your request, processed under the Freedom of information Act 2000.

Yours sincerely
Russ Moore
Freedom of Information Officer
Derby Hospitals NHS Foundation Trust

********************************DISCLAIMER

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Dear Mr Willis

Thank you for your further communication.

We shall contact you again in due course.

Yours sincerely
Russ Moore
Freedom of Information Officer
Derby Hospitals NHS Foundation Trust

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Dear Mr Willis

Thank you for your recent email. As previously advised, the Freedom of
Information Act (FOI) 2000 allows for the disclosure of recorded
information held by public authorities. Some examples of recorded
information are meeting minutes, reports, statistics, policies and
correspondence. Although your original request did not specifically ask
for an item of recorded information, the Trust has provided you with
documentation held that relates to your enquiry and helps to explain the
background to this issue.

The Trust would like to advise that we do not consider this matter now
to be the subject of an FOI internal review (as stated in the heading of
your email) as you have confirmed that you are not requesting access to
an item of recorded information that is provided for by the Freedom of
Information Act 2000.

The Trust would, however, like to provide you with the following
statement.

In response to your concerns regarding smoking we can confirm that in
line with national policy - set out in the Government’s public health
White Paper, ‘Choosing Health’ - Derby Hospitals NHS Foundation
Trust was required by the Department of Health to become ‘smoke
free’ by the end of 2006.

The Trust, along with other NHS hospitals across the country, had to
assess how best to comply with the Government’s requirement.

As part of the contracts we have with them, our local Primary Care
Trusts - Derbyshire County and Derby City who commission services from
us require us to maintain a ‘Gold Standard’, which is a completely
smoke-free site including buildings, grounds and vehicles.

Smoking costs the NHS around £1.5billion a year. As a public service,
funded entirely by the tax payer, we cannot condone smoking in our
hospital grounds.

We work closely with Primary Care to promote smoking cessation
services, which are available free of charge and continue to raise
awareness of the risks associated with smoking to our staff, patients
and visitors.

A MORI survey of British adults found that 84% of respondents wanted
hospitals to be completely smoke-free. In addition to this a survey
undertaken by the London Health Commission called ‘The Big Smoke
Debate’ revealed 74% of respondents said they wanted a completely
smoke-free NHS. In both surveys the majority of smokers who responded
were as supportive as non smokers.

Derby Hospitals is committed to promoting healthy living and
safeguarding our patients, staff and visitors as far as possible.
However, we do recognise that in some exceptional circumstances, such as
bereavement or distress, it may be necessary to allow a patient or
relative to smoke and this decision is left to the discretion of
clinical staff as reflected in the Trust's Policy.

Yours sincerely

Sally Maine
Informatin Access Co-ordinator
Derby Hospitals NHS Foundation Trust

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Dear Mr Willis,

I am writing to confirm receipt of your correspondence dated 11th June 2009. This matter has now been passed to me to reply as the Trust no longer considers this matter to be an FOI internal review, as indicated in our correspondence to you dated 11th June 2009.

The Trust's policy follows the national policy for the NHS and guidelines set by the Department of Health in the 'Choosing Health' White Paper. The White Paper can be found on the Department of Health website at www.dh.gov.uk. In addition to this I have attached the official guidance from the Department of Health which our Trust policy has been based upon.

The Trust's policy reflects those of many other public sector organisations such as schools. It apply's to the grounds of the hospital which are owned by us and are therefore subject to our policies and procedures. If people want to smoke they continue to have the right to go off site if they wish to do so.

Following the correspondence we have had with you on this matter we do not have anything further to add and are drawing this matter to a close. If you wish to pursue this in any further detail I can only suggest that you contact the Department of Health directly.

Yours sincerely

Kind Regards

Linda Garnett
Interim HR Director

Derby Hospitals NHS Foundation Trust
Derby City General Hospital
Uttoxeter Road
Derby DE22 3NE
Tel : 01332 786014
[mobile number]
Fax : 01332 785552
E-mail : [email address]

********************************DISCLAIMER

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Dear Mr Willis

Further to my e mail of 17th June 2009, I confirm that I am the
Director with responsibility on behalf of the Board for the Smoke Free
Policy, and have answered your questions as fully as I can. I am sorry
that you feel this has not addressed your question to your satisfaction,
but I have nothing to add to my earlier e mail.

Kind Regards

Linda Garnett
Interim HR Director

Derby Hospitals NHS Foundation Trust
Derby City General Hospital
Uttoxeter Road
Derby DE22 3NE
Tel : 01332 786014
[mobile number]
Fax : 01332 785552
E-mail : [email address]

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15:00 >>>
Dear Linda Garnett,

As stated in my original correspondence “As you must be aware
open
public grounds are not included in any anti smoking legislation
and
are therefore unenforceable”.

I have requested clarification first of all by e-mail, no
response
was received after my enquiry was forwarded to the director and
subsequently by FOI after making further requests that were not
responded to.

DHFT have failed to answer any questions as requested on 11th May
2009 and in subsequent correspondence re UK legislation on
smoking
on publicly owned open grounds. Therefore from the lack of
response
to the information requested the public can conclude that:-

Under UK legislation a ban on smoking is unenforceable on open
public grounds including publicly owned open grounds associated
with hospitals, health care properties and similar.

Due to lack of information on UK legislation it seems apparent
that
members of the public are perfectly entitled to freely smoke on
all
publicly owned grounds associated with hospitals, health care
properties and similar.

Maybe the above should be clarified by DHFT in a public press
release so that members of the public can be clearly informed of
correct UK law /legislation.

I still request that the director responds to my original enquiry
as to date I still have not received a satisfactory reply, I have
copied in the original request under this message so that they
may
respond personally.

Yours Sincerely Mr Willis

Dear Sir or Madam,

On Monday, 11 May, 2009 I e-mailed the following enquiry
following
an article named Re: Hospital patrols to catch smokers.

I have just read the the Derby Telegraph article regarding total
ban of smoking which bans smoking inside and out at Derby City
General Hospital.

As a law abiding member of the public can you explain why
hospital
visitors and patients are being given the impression that they
are
not allowed to smoke in open public grounds.

As you must be aware open public grounds are not included in any
anti smoking legislation and are therefore unenforceable please
be
kind enough to acknowledge this with a press release to clarify
the
correct legal status to members of the public.

The article also states patients and visitors may think it is
acceptable to smoke outside, as of today it is still legal and
perfectly acceptable to smoke outside, please clarify what UK
legislation is stopping people from smoking outside.? perhaps you
would like to clarify this in a press release.

Look forward to your response

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