River House 2012-10-01 incident

The request was partially successful.

Dear Care Quality Commission,

On the night of 2012-10-01, an incident occurred at the River House facility operated by the South London and Maudsley NHS Foundation Trust (SLaM).

The November 2012 board minutes of SLaM note that 'The Care Quality Commission had been notified of the incident and has been kept informed about the independent review.'

Can you please send me information held by the CQC about this incident.

Yours faithfully,

David Mery

Information Access, Care Quality Commission

Our Ref: CQC IAT 2014 0116

 

Dear Mr Mery

 

I acknowledge receipt of your correspondence dated 7 February 2014 in
which you made a request for information in accordance with the Freedom of
Information Act 2000 (FOIA).

 

CQC will respond to your request as soon as possible, but in any event,
within 20 working days following the date of receipt of your request as
outlined by FOIA.

 

You can therefore expect a response by close of business 7 March 2014
respectively. We will write to you before the deadline for response if we
are unable to meet it.

 

The information you have requested may be subject to an exemption from the
right to know. Should this occur, you will be notified accordingly when we
next write to you.

 

If you have any queries please do not hesitate to contact me.

 

Kind regards

 

Paul Douglas
Information Access Officer
Legal Services & Information Rights
Care Quality Commission
Citygate

Gallowgate
Newcastle upon Tyne
NE1 4PA

Telephone: 0191 233 3505
Internal: 333505
Fax: 03000 200 240

 

Statutory requests for information made under access to information
legislation such as the Data Protection Act 1998 and the Freedom of
Information Act 2000 should be sent to: [1][CQC request email]

 

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References

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1. mailto:[CQC request email]

Information Access, Care Quality Commission

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    Data for CQC IAT 2014 0116.zip

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Dear Mr Mery

 

We are writing in response to your correspondence dated 07 February 2014
in which you made a request for information in accordance with the Freedom
of Information Act 2000 (FOIA).

 

The Information Access team has now coordinated a response to your request
and we are able to confirm that the Care Quality Commission (CQC) does
hold recorded information in relation to this matter.

 

CQC are providing you with copies of the information in the attached
encrypted and password protected zip file. Please contact me on 0191 233
3505 for the password.

 

In order to fulfil the legal requirements imposed by FOIA we have also
attached/enclosed a notice which explains our decision in more detail.

 

CQC will always endeavour to provide the highest quality responses to
requests for information and seek to provide responses that are as helpful
as possible. We would therefore appreciate it if you can take some time to
complete our online feedback form by visiting the following website:

 

[1]https://webdataforms.cqc.org.uk/Checkbox...

 

Any information you provide will be held securely and only used for the
purposes of improving the Information Rights service that CQC provide.

 

If you have any queries please do not hesitate to contact the team, on the
telephone number provided, quoting our reference number.

 

Yours sincerely

 

Pamela Coxon

Information Access Officer

Legal Services & Information Rights

Care Quality Commission

Citygate, Floor 7

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

Tel: 0191 233 3552

Fax: 03000 200 240

E-mail: [2][email address]

 

**************************************************************

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 [3][CQC request email].

 

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References

Visible links
1. https://webdataforms.cqc.org.uk/Checkbox...
2. blocked::mailto:[email address] mailto:[email address]
file:///tmp/
3. mailto:[CQC request email]
mailto:[CQC request email]

Dear Ms Coxon,

Thank you for your response, however the files you sent are password-protected. As long as the password has not been received, they do not allow access to information as requested. Thus, you have not fulfilled your obligations under the Freedom of Information Act (FoIA) unless you send a password to this address or, preferably, send an unencrypted version of the files.

As this is the last day to send your response in compliance with the FoIA, as of tomorrow you will be in breach of sections 1(1)(b) and 10(1) of the Act.

For your information, the Information Commissioner has made very clear that the release of information under the FoIA is to the 'world at large' and that the Act makes 'no provision for the public authority to create conditions' such as encrypting or password protecting its response. See in particular paragraph 80 of S v Information Commissioner and the General Register Office (EA2006/0030; 9 May 2007):

'80. We wish to emphasise at this point that the Freedom of Information Act is applicant and motive blind. A disclosure under FOIA, is a disclosure to the public [ie the world at large]. In dealing with a Freedom of Information request there is no provision for the public authority to look at from whom the application has come, the merits of the application or the purpose for which it is to be used. Consequently, there is no provision for the public authority to create conditions of use pursuant to a FOIA disclosure or to indicate that such disclosure should be treated in confidence. A disclosure by the public authority of information already known to a party may well prove a more useable form of information to that applicant. Confirmation of information through disclosure legitimises it and creates an “official” version of information.'

Yours sincerely,

David Mery

David Mery left an annotation ()

S v Information Commissioner and the General Register Office (EA2006/0030; 9 May 2007) is currently available at
http://foiwiki.com/foiwiki/info_tribunal...

Information Access, Care Quality Commission

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  • Attachment

    Data for CQC IAT 2014 0116.zip

    16.1M Download

Dear Mr Mery

Please accept my sincere apologies for mistakenly sending the information in encrypted format. This is a practice we use when responding to subject access requests under the Data Protection Act.

We recognise that failure to issue a response within 20 working days of receipt of your request is a breach of section 10 the Freedom of Information Act 2000 (FOIA).

The information is attached in an unencrypted WinZip file.

Yours sincerely

Pamela Coxon
Information Access Officer
Legal Services & Information Rights
Care Quality Commission
Citygate, Floor 7
Gallowgate
Newcastle upon Tyne
NE1 4PA

Tel: 0191 233 3552
Fax: 03000 200 240
E-mail: [email address]

**************************************************************
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 [CQC request email].

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Dear Ms Coxon,

Thank you for your response.

Yours sincerely,

David Mery

David Mery left an annotation ()

This request was mentioned in the article at http://gizmonaut.net/blog/uk/2014/03/SLa...