CPFT Council of Governors Meeting on the 13th of September 2017

Dear Cambridgeshire and Peterborough NHS Foundation Trust,

In relation to the Cambridgeshire and Peterborough Foundation Trust Council of Governors Meeting on the 13th of September 2017 could you please release

* Any audio recording of the meeting
* The presentation slides shown at the meeting

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

CPFT Communications, Cambridgeshire and Peterborough NHS Foundation Trust

Thank you for your email. We aim to answer all emails within a 48 hour period. If your email is urgent, please call 01223 219465.

The communications team are available Monday – Friday 9 – 5.30.

Kind Regards,

The Communications Team
Desk: 01223 219465

[email address]
Elizabeth House, Fulbourn Hospital, Cambridge CB21 5EF
www.cpft.nhs.uk

Richard Taylor left an annotation ()

All the presentations were loaded on to one laptop to be projected and all the material has been presented in public so this ought be a straightforward request.

Buggy Katherine, Cambridgeshire and Peterborough NHS Foundation Trust

Good morning Richard,

Thank you for your email.

I have CC'd in our Freedom of Information team to process your request.

They should be in contact with you as soon as possible.

Many thanks.

Kath Buggy
Digital Communications Officer
Cambridge and Peterborough NHS Foundation Trust.

       
 
Elizabeth House, Fulbourn Hospital, Cambridge CB21 5EF
www.cpft.nhs.uk
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Freedom of information, Cambridgeshire and Peterborough NHS Foundation Trust

Dear Richard,

Thank you for your recent email requesting information under the Freedom of Information Act 2000.

I can confirm that we are currently sourcing the information of your request.

Kind regards,

Rebecca

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Freedom of information, Cambridgeshire and Peterborough NHS Foundation Trust

5 Attachments

Dear Richard,

Thank you for your recent email requesting information under the Freedom of Information Act 2000.

Please find attached the Trust's formal response to your request. As a separate attachment you will also find a feedback form. I would be grateful if you would complete and return this to me so that as a team we can monitor and improve the FOI service.

Kind regards

Stanley.

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Dear Cambridgeshire and Peterborough NHS Foundation Trust,

I would like to request an internal review into the trust's handling of my Freedom of Information request, your reference F16512A.

I would like the decision to withhold the audio recording of the Cambridgeshire and Peterborough Foundation Trust Council of Governors Meeting on the 13th of September 2017 to be reconsidered. The response does not make clear why the absence from the meeting of some staff named in the recording is considered to be relevant; it does not appear to be a relevant consideration to me.

I would like to suggest the material is released with any personal information the Trust considers it is able to justifiably withhold redacted.

I note the recording was made of a meeting held in public and at no point during the meeting were any concerns about an accidental inappropriate release of personal information made.

A full record of the correspondence in relation to the request is available at:

https://www.whatdotheyknow.com/request/c...

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

Freedom of information, Cambridgeshire and Peterborough NHS Foundation Trust

Dear Richard,

Thank you for your email that was sent to our Communications Team on 20th November 2017. We can confirm that we have started the process of internal investigation as requested and will be in touch shortly.

Best wishes,

Stanley.

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Kit Connick, Cambridgeshire and Peterborough NHS Foundation Trust

8 Attachments

Dear Mr Taylor

 

Your request for an internal review into the Trust’s handling of your
Freedom of Information request (ref F16512A) has been passed to me to
investigate on behalf of the Trust. I apologise for the delay in
contacting you, however, I have been on annual leave and have picked this
up on my return.

 

As you will be aware, there is a significant amount of information and
data for me to review in relation to this investigation, and I wish to
undertake this in a comprehensive and thorough manner. I am currently
collating all of the relevant information and will commence my review once
I am in receipt of all of the documentation.

 

If you have any queries in the meantime, please do not hesitate to contact
me.

 

Kind regards

 

Kit

 

Kit Connick

Interim Director for Primary Care and Corporate Affairs
Desk: [1]01223 219456
Mobile: [2]07508 908683
[3][email address]

[4]Email2 Twitter [5]Email2 Wordpress [6]Email2 Instagram [7]Email2
Youtube [8]Email2 Linkedin [9]Email2 Facebook  

[10]Description: Description: cid:image004.jpg@01D1EF1C.6475A790 

Elizabeth House, Fulbourn Hospital, Cambridge CB21 5EF
[11]www.cpft.nhs.uk
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[12]feedback facilitator

 

References

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Kit Connick, Cambridgeshire and Peterborough NHS Foundation Trust

8 Attachments

Dear Mr Taylor

 

I have now had the opportunity to review all of the information in
relation to your request and have provided my response below.

 

Following your original request to release a copy of the audio recording
of the meeting and the presentation slides made at the Cambridgeshire and
Peterborough Foundation Trust Council of Governors Meeting on the 13th of
September 2017, I understand that the slides were provided but a decision
was made to withhold the recording, and that you have asked for this
decision to be reconsidered.

 

The Trust public meetings are made accessible to the general public, and
the discussions pertaining to the meeting are formally recorded via
written minutes that are made available to the public after the meeting
has taken place. The purpose of any recording of these public meetings is
to aid the minute-taker in ensuring that there is an accurate transcript
of the discussion, rather than it being a ‘recorded meeting’.  The
recording is deleted once the meeting minutes have been approved and
released to the public.

 

The exemption that was referred to in support of the decision to not
release the recording was under Section 40 (2) ‘Personal Data’. This was
because when the Trust Secretary listened to the recording, many
individuals were named who were not present at the meeting and therefore
would not have been recorded in the minutes. In other Freedom of
Information requests the Trust would not provide this information so it
was felt this consistency in approach was appropriate.

 

The Trust Secretary considered redaction of the recorded transcript, but
after investigation, it was concluded that this was practically very
difficult, and would incur significant time and staff costs. The cost
limit for an NHS organisation is £450 and staff time is rated at £25 per
person per hour. The reasons for these difficulties and assessment of time
includes the following actions:

·         The Trust would need to transfer the recording onto a pc and
there would be costs incurred in sourcing and purchasing software to
facilitate the conversion of the file into an audio transcript

·         Work would need to be undertaken to redact the personal data and
ensure that the transcript was an accurate reflection of the meeting

 

On the basis of the above summary, and reviewing the information available
to me, I have concluded that the decision to not provide an audio
recording of the meeting was a reasonable response to your request.
Further to this, I have noted that you were able to attend the meeting in
person and therefore have the opportunity to hear the discussions
first-hand, that you have received copies of all of the presentations, and
that you have access to the minutes of the meeting, which is the way in
which the Trust provides an accurate record of the meeting. The Trust has
therefore acted in accordance with the policies and procedures and I am
satisfied that every reasonable attempt has been made to facilitate your
request.

     

You have the right of appeal to the Information Commissioner should you be
dissatisfied with the outcome of the internal review at:

 

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545700                            

Website:  [1]www.informationcommissioner.gov.uk

 

Yours sincerely

 

Kit Connick

 

Interim Director for Primary Care and Corporate Affairs

 

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Richard Taylor left an annotation ()

I have written to the Information Commissioner in relation to this request:

"
Information Commissioner,

I am writing to make an application pursuant to Section 50 of the Freedom of Information Act 2000 for a decision from the Information Commissioner on if Cambridgeshire and Peterborough NHS Foundation Trust have dealt with my request of the 14th of September 2017 for material relating to their Governors Meeting on the 13th of September 2017.

All correspondence related to the request can be viewed online at:

https://www.whatdotheyknow.com/request/c...

I requested any audio recording of the meeting and the presentation slides shown at the meeting. The slides requested have now been released, but the trust are refusing to release the audio recording.

Two reasons for refusal have been cited, I shall address them in turn:

1. The exemption in Section 40 (2) of the Freedom of Information Act ‘Personal Data’: The reasoning given was: "when the Trust Secretary listened to the recording, many individuals were named who were not present at the meeting and therefore would not have been recorded in the minutes". The relevance of this statement has not been explained. I note the recording was made of a meeting held in public and at no point during the meeting were any concerns about an accidental inappropriate release of personal information made. I think it is unlikely that the release of any personal information contained with in the requested material would breach the Data Protection Act. I would like the Information Commissioner to consider if this exemption has been applied appropriately.

2. Costs in excess of the cost limit. It appears the trust have inappropriately considered staff time/costs for carrying out redaction when estimating if responding to the request would exceed the cost limit. The requirement to produce an "audio transcript" (whatever one of those might be) has not been explained and justified. The trust have also claimed: "work would need to be undertaken to redact the personal data and ensure that the transcript was an accurate reflection of the meeting" however there is no requirement for public bodies to ensure material released via a Freedom of Information request is "an accurate reflection of the meeting".

Lastly given the trust have said: "the recording is deleted once the meeting minutes have been approved and released to the public", I would like the Information Commissioner to consider Section 77 of the Freedom of Information Act. I think it would be appropriate for the Commissioner to promptly warn the trust that the requested material should not be deleted, and if it has been deleted, to consider appropriate action.

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk
"

Dear Cambridgeshire and Peterborough NHS Foundation Trust,

I am writing to let you know that I have asked the Information Commissioner to make a decision in relation to the trust's refusal to release its audio recording of its 13 September 2017 Council of Governors Meeting.

What I have written to the ICO can be viewed alongside all correspondence relating to the request at:

https://www.whatdotheyknow.com/request/c...

I would like to ask that Cambridgeshire and Peterborough NHS Foundation Trust do not delete the material I am seeking while I am pursuing this request.

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

Richard Taylor left an annotation ()

The Information Commissioner has written to me today (14 May 2018) to say the case has been allocated to an officer and an investigation begun.

Richard Taylor left an annotation ()

The Information Commissioner has issued a decision saying the information should have been released but as the material has now been destroyed they can't order its disclosure.

The decision notice states:
"The trust explained that the existing Trust Secretary post-holder deleted the recording as part of her ‘close down’ of actions before leaving the Trust in May 2017."

The reference number for the decision is FS50721676 and it has been published at
https://ico.org.uk/media/action-weve-tak...