Healthcare Commission investigation reports

D. Speers made this Freedom of Information request to Care Quality Commission

The request was successful.

From: D. Speers

5 June 2009

Dear Sir or Madam,

Since the 31st March 2009 was the end of the Healthcare Commissions
public remit.
1)Please can you you tell me how many completed and unpublished
Healthcare Commission investigation reports you have inherited and
committed to publicly reporting on?

2) Did you inherit any unfinished HC investigation Reports?

Yours faithfully,

D. Speers

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From: D. Speers

4 July 2009

Dear Sir or Madam,
I have requested a copy of the Healthcare Commissions Investigation
Report into Patient safety at WLMHT and CQC have committed to
publication. Under FOI your response is now overdue.
S.22 exemption has been quoted and in recent information from the
Information Commissior's Office I believe they have 'some brand new
guidance, only published on 1 July, on the public interest test.

To quote from that guidance:
What is the public interest test?
The term “the public interest” is not defined in either the FOIA or
the EIR. However something which is “in the public interest” may be
summarised as something which serves the interests of the public.
The public interest test entails a public authority deciding
whether, in relation to a request for information, it serves the
interests of the public either to disclose the information or to
maintain an exemption or exception in respect of the information
requested. To reach a decision, a public authority must carefully
balance opposing factors, based on the particular circumstances of
the case. Where the factors are equally balanced, the information
must be disclosed.
Can you please tell me in the light of this information what
'balance of opposing factors' have CQC based their timings on?

Yours faithfully,

D. Speers

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D. Speers left an annotation ( 4 July 2009)

The Guidance on S.22 exemption has been updated and here is info on the Public Interest Test.
http://www.ico.gov.uk/upload/documents/l...

To quote ICO: As far as the public interest test and S.22 goes there is not a lot to add to our specific S22 guidance. The public interest test will always be a balancing act between the for and against disclosure each individual case having it’s own merits. We do have some brand new guidance, only published on 1 July, on the public interest test.

Regarding the timetable for release or otherwise of information. The consideration as to whether it is reasonable in all circumstances to withhold information is part of the S.22 exemption and would fall within the normal 20 days to reply to a request. We do say that where there is also the public interest test to consider, a further 20 days would be allowable but this should be communicated to the requester.

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From: Lok, Kim
Care Quality Commission

8 July 2009

Dear Sir/Madam,

I acknowledge receipt of your request, which the Commission received on 4 July 2009.

The Commission will respond as soon as it can, but in any event, within 20 working days following the date of receipt. You can therefore expect a response by 31 July 2009.

Information Governance Manager
Secretariat - Information Governance Team
Care Quality Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Email: [email address]
Direct Tel: 020 7448 1765
Internal Tel: 3815

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [Care Quality Commission request email]

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From: D. Speers

8 July 2009

Dear Lok, Kim,

It appears that you are dealing with my follow up request to my
initial FOI request dated 5th June as a separate FOI request.
Can you confirm situation please?

Yours sincerely,

D. Speers

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From: Lok, Kim
Care Quality Commission

8 July 2009


Attachment CQC 111 Internal review of Freedom of Information request HC Investigation Report inmto WLMHT.txt
3K Download View as HTML

Attachment Speers CQC 111 Internal Review.doc
133K Download View as HTML


Dear Sir/Madam,

Thank you for your email.

By an email dated 12 June 2009, you requested an internal review of the Commission's decision to apply section 22 of the Freedom of Information Act 2000 to withhold the WLMHT investigation report from disclosure until the intended publication date.

The internal review was completed on 1 July 2009 and sent to you on the same day. I attach copy in the event you have missed it.

Yours sincerely

Kim Lok
Information Governance Manager
Secretariat - Information Governance Team
Care Quality Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Email: [email address]
Direct Tel: 020 7448 1765
Internal Tel: 3815

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [Care Quality Commission request email]

show quoted sections

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From: D. Speers

8 July 2009

Dear Lok, Kim,
Thank you for clarifying how things stand re S.22 Exemption and
CQC's publication of Healthcare Commission's Report.I did indeed
miss the previous answer, my apologies as I have had some PC
problems which hopefully have been sorted out now. Your Internal
Review found that the terms of S.22 exemption have been adhered to.
I shall be reading through the detail and will get back to you. But
for now I am concerned that whist you refer to the need for
"accuracy and efficacy in relation to material contained therein"
and "the Report being shared with Third parties such as SHA,
relevant Trusts and DH for the purposes of fact checking the
document only" I am aware that WLMHT are putting together an Action
Plan with support from SHA and I need to be advised please if this
is part of the 'fact check 'you refer to?

Yours sincerely,

D. Speers

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From: Lok, Kim
Care Quality Commission

10 July 2009

Dear Sir/Madam,

Thank you for your email.

The trust action plan in response to CQC recommendations in the investigation report is not part of the factual accuracy process. The factual accuracy process refers only to the investigation report.

I trust that answers your question.

Kind regards.

Kim Lok
Information Governance Manager
Secretariat - Information Governance Team
Care Quality Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Email: [email address]
Direct Tel: 020 7448 1765
Internal Tel: 3815

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [Care Quality Commission request email]

show quoted sections

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From: D. Speers

12 July 2009

Dear Lok, Kim,

Thank you for further clarifiying your previoous response. I am
grateful.
Thank you again/

Yours sincerely,

D. Speers

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