Policy regarding discrimination against organisations

Peter Gore made this Freedom of Information request to Department of Health

The request was successful.

From: Peter Gore

4 June 2009

Dear Sir or Madam,

I would be most grateful if you would provide information relating
to the following related questions:

1) What is the specific Department of Health policy regarding
discrimination by its staff and/or contractors against
organisations on the grounds of size, political persuasion,
charitable status etc?

2) What sanctions exist for staff/contractors in cases where
discrimination can be demonstrated?

3) What mechanisms exist to protect any complainants from adverse
consequences when they do register a complaint?

Many thanks.

Yours faithfully,

Prof P Gore

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Department of Health

5 June 2009

Thank you for your enquiry.

We aim to respond within 20 working days.
If there is likely to be any delay we will contact you to let you know.

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Department of Health

24 June 2009


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From: Peter Gore

3 July 2009

Dear Sir or Madam,

Thank you for your reply.

Can you clarify that I have understood your response correctly?

1) There are contractual rules around orders placed that should
ensure fairness where tenders are requested and contracts awarded
(though presumably this does not cover preferentially advising one
organisation of an opportunity but not another).

2) The Civil Service code of practice covers PARTY politics but not
PERSONAL POLITICAL VIEWS e.g. favouring/disfavouring
business/charities etc

On that basis therefore, the Department of Health has NO policy to
prevent its staff or contracted staff from discriminating against
an organisation for personal reasons/preferences (e.g. promoting a
business whilst deliberately ignoring a charity offering the same
service).

Many thanks for your time.

Yours faithfully,

Peter Gore

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Department of Health

31 July 2009


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From: Peter Gore

4 August 2009

Dear Sir or Madam,

You have misunderstood my request, which is around the policy (or
lack of one) which would prevent staff from exercising personal
prejudice (i.e. discriminate) against particular types of
organisations or even specific organisations. I understand the EU
rules for tendering, but you have entirely missed the point in your
reply about the possibility of staff/contractors DELIBERATELY
mentioning a tender opportunity to one organisation type and
DELIBERATELY not doing so to another. My issue is about
discrimination in circumstances where this could arise.

I would be grateful if you would explain specifically what if any
policies the Department has that would prevent such discrimination.
I fully understand there are specific circumstances such as large
tenders where there are legal requirements, what about
circumstances where there are apparently no specific legal
requirements? Are staff allowed to exercise prejudice in such
circumstances, if not what prevents this (I have been unable to
find anything in your previous answers that addresses this issue).

Yours faithfully,

Peter Gore

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Department of Health

4 August 2009

Thank you for your email.

Where a reply is appropriate we aim to send one within 20 working days.

If your enquiry is about a medical matter, please contact NHS Direct on
0845 4647 or visit [1]NHS Choices, or contact your GP surgery.

For the latest on swine flu, please visit [2]the National Pandemic Flu
Service (NPFS) or call 0800 1 513 100.

For general health information you may also find it helpful to refer to
[3]Directgov, the UK Government's Official information website, or the
Department of Health website's [4]Frequently Asked Questions.

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References

Visible links
1. http://www.nhs.uk/
2. http://www.direct.gov.uk/pandemicflu/
3. http://www.direct.gov.uk/en/index.htm
4. http://www.dh.gov.uk/en/FAQ/index.htm

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From: Peter Gore

28 August 2009

Dear Sir or Madam,

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

I am writing to request an internal review of Department of
Health's handling of my FOI request 'Policy regarding
discrimination against organisations'.

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

Whilst I did have two responses, they have not addressed the
question asked, despite the fact that the request is now nearly 3
months old.

Yours faithfully,

Peter Gore

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Department of Health

28 August 2009

Dear Mr Gore,

Thankyou for your e-mail of 28/8/09 requesting an internal review of our
reply to your FOI request, case number 436020.

We are considering the case and will respond to you in due course.

Yours sincerely,

Lynwen Paddy
Librarian
Freedom of Information Team
Direct Line: 0207 210 2705
GTN Tel: 7210 2705
Email: [email address]
Address: Department of Health | 317 Richmond House | 79 Whitehall | London
SW1A 2NS

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Department of Health

2 September 2009


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Department of Health

24 September 2009


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Dear Mr Gore

Please find attached the Department of Health's response to your request
for an Internal Review under the provisions of the Freedom of Information
Act.

Yours sincerely

Tony Doole
Senior Casework Manager - Freedom of Information
Freedom of Information Team
Ministerial Business & Parliamentary Accountability
Email: [email address]
Address: Department of Health | Room 317 Richmond House | 79 Whitehall |
London SW1A 2NS
(See attached file: 436020R reply.pdf)

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This e-mail and any files transmitted with it are confidential. If you are
not the intended recipient, any reading, printing, storage, disclosure,
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and may be unlawful. If you are not the intended recipient, please notify
the sender immediately by using the reply function and then permanently
delete what you have received.

Incoming and outgoing e-mail messages are routinely monitored for
compliance with the Department of Health's policy on the use of electronic
communications. For more information on the Department of Health's e-mail
policy click here http://www.dh.gov.uk/terms

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From: Peter Gore

25 October 2009

Dear Sir or Madam,

Thank you for responding to my request. I feel you have assumed all
along that my request was in relation to contracts. I never said
that. There are many ways in which Dept staff can influence markets
and those involved - outside of any contracts. Apparently the Dept
has no policies that cover such activity. The Civil Service code to
which you refer covers Party Political bias specifically, not as
far as I could find, any other type.

The reality is that you have policies which cover contracts (that
much I already knew), however you have none that cover the general
behaviour and influence of staff ; which you have now confirmed.
It's a shame it took several months to clarify that point.

Thank you for your help.

Yours faithfully,

Peter Gore

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Department of Health

26 October 2009

Dear Mr Gore

Thankyou for your email dated 25th October regarding the above mentioned
case. We will be responding to your follow-up email within the next 20
working days.

Yours sincerely

Tony Doole

Senior Casework Manager - Freedom of Information

Freedom of Information Team

Ministerial Business & Parliamentary Accountability

Direct Line: 020 7210 5028

GTN Tel: 7210 5028

Email: [email address]

Address: Department of Health | Room 317 Richmond House | 79 Whitehall |
London SW1A 2NS

Peter Gore
<request-12845-f2
86aef0@whatdothey To
know.com> Tony Doole/PH3/DOH/GB@DOH
cc
25/10/2009 11:49
Subject
Re: Freedom of Information request
- Policy regarding discrimination
against organisations

Dear Sir or Madam,

Thank you for responding to my request. I feel you have assumed all
along that my request was in relation to contracts. I never said
that. There are many ways in which Dept staff can influence markets
and those involved - outside of any contracts. Apparently the Dept
has no policies that cover such activity. The Civil Service code to
which you refer covers Party Political bias specifically, not as
far as I could find, any other type.

The reality is that you have policies which cover contracts (that
much I already knew), however you have none that cover the general
behaviour and influence of staff ; which you have now confirmed.
It's a shame it took several months to clarify that point.

Thank you for your help.

Yours faithfully,

Peter Gore

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Department of Health

27 October 2009

Dear Mr Gore

I am writing to you further to our acknowledgement to your further e-mail
of 25th October regarding the Department's response to you following your
original request for an Internal Review. We are unable to add anything
further to our response of 24 September. Please note that this FOI case for
Internal review is now closed.

Yours sincerely

Tony Doole

Senior Casework Manager - Freedom of Information

Freedom of Information Team

Ministerial Business & Parliamentary Accountability

Direct Line: 020 7210 5028

Email: [email address]

Address: Department of Health | Room 317 Richmond House | 79 Whitehall |
London SW1A 2NS

- - Disclaimer - -
This e-mail and any files transmitted with it are confidential. If you are
not the intended recipient, any reading, printing, storage, disclosure,
copying or any other action taken in respect of this e-mail is prohibited
and may be unlawful. If you are not the intended recipient, please notify
the sender immediately by using the reply function and then permanently
delete what you have received.

Incoming and outgoing e-mail messages are routinely monitored for
compliance with the Department of Health's policy on the use of electronic
communications. For more information on the Department of Health's e-mail
policy click here http://www.dh.gov.uk/terms

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Department of Health

3 November 2009

Dear Mr Gore

Thank-you for your further e-mail of 25th October regarding the
Department's response to you following your original request for an
Internal Review. We are unable to add anything further to our response of
24 September.

Please note that this FOI case for Internal review is now closed.

Yours sincerely

Tony Doole

Senior Casework Manager - Freedom of Information

Freedom of Information Team

Ministerial Business & Parliamentary Accountability

Direct Line: 020 7210 5028

GTN Tel: 7210 5028

Email: [email address]

Address: Department of Health | Room 317 Richmond House | 79 Whitehall |
London SW1A 2NS

- - Disclaimer - -
This e-mail and any files transmitted with it are confidential. If you are
not the intended recipient, any reading, printing, storage, disclosure,
copying or any other action taken in respect of this e-mail is prohibited
and may be unlawful. If you are not the intended recipient, please notify
the sender immediately by using the reply function and then permanently
delete what you have received.

Incoming and outgoing e-mail messages are routinely monitored for
compliance with the Department of Health's policy on the use of electronic
communications. For more information on the Department of Health's e-mail
policy click here http://www.dh.gov.uk/terms

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