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FHFT Policy for Equality Act 2010 and Reasonable Adjustments for Disabled Patients

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Dear Frimley Health NHS Foundation Trust,

FHFT Policy for Equality Act 2010 and Reasonable Adjustments for Disabled Patients

Under the Freedom Of Information Act, can you please provide the following information specific to FHFT Policy and Procedures for FHFT' Patients in respect of FHFT duties and obligations under the Equalities Act 2010 to include (but not restricted to) FHFT Policies and Procedures for making Reasonable Adjustments for FHFT' Disabled Patients ["Act"]:

1. Does FHFT have a Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act?

2. In the event that FHFT does have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, what date was that introduced/ brought into force by FHFT?

3. In the event that FHFT does have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, what is the total number of FHFT staff that have received formal training course(s) on FHFT Patient specific Policy and formal procedures? Please also break down that total number into the number for each FHFT site?

4. In the event that FHFT does have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, who is the FHFT Board member (or senior management if not a Board member) head Accountable Officer within FHFT for this under the Act? Please also provide their full name, role, direct contact details to include direct telephone number and direct email address?

5. In the event that FHFT does not have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, which FHFT Board member (or senior management if not a Board member) is the head Accountable Officer within FHFT for that? Please also provide their full name, role, direct contact details to include direct telephone number and direct email address?

6. Does FHFT have a Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 to make Reasonable Adjustments for FHFT Disabled Patients covered under the Act?

7. In the event that FHFT does have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 to make Reasonable Adjustments for FHFT Disabled Patients covered under the Act, what date was that introduced/ brought into force by FHFT?

8. In the event that FHFT does have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 to make Reasonable Adjustments for FHFT Disabled Patients covered under the Act, what is the total number of FHFT staff that have received formal training course(s) on FHFT Patient specific Policy and formal procedures? Please also break down that total number into the number for each FHFT site?

9. In the event that FHFT does have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 to make Reasonable Adjustments for FHFT Disabled Patients covered under the Act, who is the FHFT Board member (or senior management if not a Board member) head Accountable Officer within FHFT for this under the Act? Please also provide their full name, role, direct contact details to include direct telephone number and direct email address?

10. In the event that FHFT does not have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 to make Reasonable Adjustments for FHFT Disabled Patients covered under the Act, which FHFT Board member (or senior management if not a Board member) is the head Accountable Officer within FHFT for that? Please also provide their full name, role, direct contact details to include direct telephone number and direct email address?

11. Please provide a copy of FHFT Governance Policy and procedures Document(s) for FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act? Please include all Governance meeting minutes for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019?

12. Please provide a copy of FHFT' Policy and procedures Document(s) for FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act? Please include all FHFT Policy meeting minutes for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019?

13. Please provide a copy of FHFT Governance Policy and procedures Document(s) for FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for FHFT' Disabled Patients covered under the Act? Please include all Governance meeting minutes for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019?

14. Please provide a copy of FHFT' Policy and procedures Document(s) for FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for FHFT' Disabled Patients covered under the Act? Please include all FHFT Policy meeting minutes for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019?

15. Please confirm the total number of FHFT disabled patients that FHFT made Reasonable Adjustments for those Patient's disabilities under the Equality Act 2010 for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019? Can you also please provide a breakdown of the total FHFT number for each FHFT site for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019?

16. In the event that FHFT does not have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, can FHFT please confirm the target date for FHFT to introduce and bring into force a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, and which FHFT Board member (or senior management if not a Board member) is the head Accountable Officer within FHFT for that? Please also provide their full name, role, direct contact details to include direct telephone number and direct email address?

17. In the event that FHFT does not have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for FHFT Disabled Patients covered under the Act, can FHFT please confirm the target date for FHFT to introduce and bring into force a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, and which FHFT Board member (or senior management if not a Board member) is the head Accountable Officer within FHFT for that? Please also provide their full name, role, direct contact details to include direct telephone number and direct email address?

18. In the event that FHFT does not have a FHFT Patient specific Policy and formal procedures in force for meeting its duties and obligations under the Equality Act 2010 for all categories of patients covered under the Act, and specifically for FHFT Disabled Patients covered under the Act where request(s) for Reasonable Adjustments under the Act are either not appropriately considered by FHFT and/ or not met by FHFT, can FHFT please confirm the full complaints procedures within FHFT for seeking remedy to this, together with the full details of all parties out with FHFT who may be contacted in order to seek appropriate remedy is carried out by FHFT itself? In each case/ entity, please provide the name and title of the person(s) responsible together with their direct contact details. to include but not limited to, each person(s) direct telephone number, direct email address and any postal address details?

19. Has FHFT ever received any complaints about any failure(s) to comply with anything covered under the Equality Act 2010? In the event FHFT have received any complaints please provide the specific number and categories (e.g. disability discrimination - to include and to be broken down by all protected categories of person(s) under the Act of complaints received by FHFT for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019?

20. Has FHFT ever been the subject of investigation by any Authority (to include but not limited to any Regulator, Ombudsman, Police) and/ or any the subject of any legal proceedings in respect of any and all failures by FHFT to comply with the duties and obligations outlined under the 2010 Equality Act? In the event FHFT has ever been the subject of investigation by any Authority (to include but not limited to any Regulator, Ombudsman, Police) and/ or any the subject of any legal proceedings in respect of any and all failures by FHFT to comply with the duties and obligations outlined under the 2010 Equality Act, please provide the specific number and categories (e.g. disability discrimination - to include and to be broken down by all protected categories of person(s) under the Act, broken down by Authority category (and Authority body within that) and/ or any legal proceedings; to also identify the number and category of cases where FHFT was found to be in breach of the Equality Act 2101 together with details of what remedy and/ or recourse occurred in each individual case where that was so for each of the years 2013, 2014, 2015, 2016, 2107, 2018 and 2019?

Yours faithfully,

Mr. RASD

WINDER, Ian (FRIMLEY HEALTH NHS FOUNDATION TRUST), Frimley Health NHS Foundation Trust

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Dear Requestor

 

Thank you for your email requesting information through the Freedom of
Information Act (FOIA). For the Trust to process your request in an
accurate and timely manner we need to clarify something in your request.
In accordance with our requirement to provide advice and assistance,
please see our comment(s) below.

 

We are aware your request has passed the 20 working days which we
apologise for, we’ve had to send this request to various people and
departments to gather the information. We have almost completed and are
now just reviewing the meeting minutes. Please can you confirm if you want
all meeting minutes for each question you have mentioned them in or just
the specific meeting minutes that talk about the specific topic at the
start of each question?

 

As stated, majority of the request has been completed so if you want us to
send this through we are more than happy to and then the rest will follow
once completed. Please let me know if you want this to take place.

 

I apologise again for the lateness of your response, this will be with you
shortly.   

 

Please be aware that if we do not hear from you within 60 working days of
this email then your request will be closed and you will be required to
submit a new request.

 

The email address for the FOI team is: [2][Frimley Health NHS Foundation Trust request email] ; please always
use this email address. The Trust would be grateful for any feedback you
have with regards to your request for information.

 

Yours sincerely,

 

Information Governance Office

 

Frimley Health  NHS Foundation Trust

 

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Dear WINDER, Ian (FRIMLEY HEALTH NHS FOUNDATION TRUST),

Can you kindly please just provide the specific data/ information requested within each numbered section. I cannot find any ambiguity in respect of the data/ information requested and in that regard I fail to see any reason for any clarification being needed. As the Trust is now significantly past the maximum deadline in Law to have fully addressed this request and is therefore in breach of the Act in that regard, I look forward to your providing all the data/ information by no later than Friday 09 August 2019 this week. One would assume that if FHFT has had an effective policy in force that that policy should be outlined and readily available, upon request, in the form of a FHFT Policy Document? Thank you for your cooperation in advance.

Yours sincerely,

RASD

WINDER, Ian (FRIMLEY HEALTH NHS FOUNDATION TRUST), Frimley Health NHS Foundation Trust

Thank you for your email

 

I am out of the office until Tuesday 6th August. If your email is FOI
related please send it through to the FOI inbox. [1][email address] I
will reply to your email on my return.

 

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FOI (FRIMLEY HEALTH NHS FOUNDATION TRUST), Frimley Health NHS Foundation Trust

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Dear Requestor

 

Please find attached a letter responding to your FOI Request received on
28^th April

 

The email address for submitting FOI requests is: [2][Frimley Health NHS Foundation Trust request email] 
please always use this email address, the Trust would be grateful for any
feedback you have with regards to your request for information.

 

Yours sincerely,

 

Information Governance Office

 

If you are dissatisfied with the processing of your request, you are
entitled to appeal to the Trust, please email:

[3][email address

Alternatively, you are entitled to appeal to the Information Commissioner
(Tel: 01625 545 745). Further details can be found at [4]www.ico.gov.uk.

 

The information provided is the property of Frimley Health NHS Trust and
subject to Intellectual Property and Database Rights. Any commercial
application or use of this information may be subject to the provisions of
the Re-use of Public Sector Information Regulations 2015. This means that
if you wish to re-use the information provided for commercial purposes for
any reason you must ask us for permission to do so.  Should the Trust
agree that the information can be re-used, it will be subject to the issue
of a licence which may or may not involve a fee.

The information that has been provided in response to this Freedom of
Information Act request will be subject to copyright protection. In most
cases the copyright will be owned by Frimley Health NHS Foundation Trust.

 

To enquire about re-using the information or if you have any enquiries
about Re-use, please write to us at the above address or email

[5][email address

 

 

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FOI (FRIMLEY HEALTH NHS FOUNDATION TRUST), Frimley Health NHS Foundation Trust

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Health FT col (3)

 

Dear Requestor

 

Please find attached a letter responding to your FOI Request received on
28^th April

 

The email address for submitting FOI requests is: [2][Frimley Health NHS Foundation Trust request email] 
please always use this email address, the Trust would be grateful for any
feedback you have with regards to your request for information.

 

Yours sincerely,

 

Information Governance Office

 

If you are dissatisfied with the processing of your request, you are
entitled to appeal to the Trust, please email:

[3][email address

Alternatively, you are entitled to appeal to the Information Commissioner
(Tel: 01625 545 745). Further details can be found at [4]www.ico.gov.uk.

 

The information provided is the property of Frimley Health NHS Trust and
subject to Intellectual Property and Database Rights. Any commercial
application or use of this information may be subject to the provisions of
the Re-use of Public Sector Information Regulations 2015. This means that
if you wish to re-use the information provided for commercial purposes for
any reason you must ask us for permission to do so.  Should the Trust
agree that the information can be re-used, it will be subject to the issue
of a licence which may or may not involve a fee.

The information that has been provided in response to this Freedom of
Information Act request will be subject to copyright protection. In most
cases the copyright will be owned by Frimley Health NHS Foundation Trust.

 

To enquire about re-using the information or if you have any enquiries
about Re-use, please write to us at the above address or email

[5][email address

 

 

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FOI (FRIMLEY HEALTH NHS FOUNDATION TRUST), Frimley Health NHS Foundation Trust

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Health FT col (3)

 

Dear Requestor

 

Please find attached a letter responding to your FOI Request received on
28^th April

 

The email address for submitting FOI requests is: [2][Frimley Health NHS Foundation Trust request email] 
please always use this email address, the Trust would be grateful for any
feedback you have with regards to your request for information.

 

Yours sincerely,

 

Information Governance Office

 

If you are dissatisfied with the processing of your request, you are
entitled to appeal to the Trust, please email:

[3][email address

Alternatively, you are entitled to appeal to the Information Commissioner
(Tel: 01625 545 745). Further details can be found at [4]www.ico.gov.uk.

 

The information provided is the property of Frimley Health NHS Trust and
subject to Intellectual Property and Database Rights. Any commercial
application or use of this information may be subject to the provisions of
the Re-use of Public Sector Information Regulations 2015. This means that
if you wish to re-use the information provided for commercial purposes for
any reason you must ask us for permission to do so.  Should the Trust
agree that the information can be re-used, it will be subject to the issue
of a licence which may or may not involve a fee.

The information that has been provided in response to this Freedom of
Information Act request will be subject to copyright protection. In most
cases the copyright will be owned by Frimley Health NHS Foundation Trust.

 

To enquire about re-using the information or if you have any enquiries
about Re-use, please write to us at the above address or email

[5][email address

 

 

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Dear Frimley Health NHS Foundation Trust,

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

I am writing to request an internal review of Frimley Health NHS Foundation Trust's handling of my FOI request 'FHFT Policy for Equality Act 2010 and Reasonable Adjustments for Disabled Patients'.

The FHFT Policy document provided is clearly FHFT employee/ employment specific - this is NOT what was requested - it was the Patient Specific FHFT Policy Document and the statistics for training etc. against that required for Patients against the Acts of Parliament that was requested.

The supporting attachments (notified to me across 4-5 separate email notifications) are frankly confusing, poorly organised/ the data poorly presented, difficult to decipher with too many acronyms that are meaningless to me and likely I suspect meaningless to other patients to; The Acts make provision, I understand, for all these points and specific guidance on how data should be presented to a requester that I feel have not been complied with; to be candid it feels akin to me "looking for a needle in haystack".

It appears in my view to be the case therefore that FHFT does NOT in fact have a clear and concise "Patient Specific FHFT Policy for the Equality Act 2010 and Reasonable Adjustments Policy for FHFT' Disabled Patients as required in Law against the Disability Discrimination Act 1985" nor a Policy Document that outlines FHFT' Patient specific Policy against the Acts (or FHFT has failed to provide that Patient specific Policy document sought under this FOI request if such a Patient specific Policy Document does in fact exist).

If FHFT does NOT have a "FHFT Patient Specific Policy" and FHFT employees have therefore NOT in fact been trained specifically on "FHFT Patient Specific Policy" (If one doesn't exist then employees can't have been trained on that which does not exist is the logic and the question for FHFT to publicly disclose here?) can FHFT please publicly admit that in your next published response for public consumption and then please go on to outline what FHFT propose to do about that, should it transpire to be the case in fact. To the best of my knowledge I feel FHFT may therefore be failing to comply with mandatory obligations set-out in Law - I now invite FHFT publicly comment in that regard against this FOI request.

The FOI request was made on 28 April 2019 with a mandatory maximum response time of 20 days set out in Law. Data was provided, that in my view does not comply with that requested, as late as the 09 August 2019 i.e. on or around 103 days after the FOI request was submitted; I should like FHFT to publish for public consumption why that is so and what remedial action FHFT propose to make in this instance where FHFT took approximately 83 days more than the maximum 20 days period to provide Data against the FOI request? Is it normal practice for FHFT to fail to comply with the strict maximum deadlines outlined in Law under the Acts?

I should also like to bring it to the FHFT responders attention that in my opinion and to the best of my knowledge, the comments published by FHFT surrounding FHFT referring to the 2019 Patient Request for Reasonable Adjustments under the Acts (complaint?) in FHFT response to this FOI request appears to be both misleading and not wholly accurate; again I invite FHFT to publish your comments to those points to save the Patient being placed in a position whereby they feel they may be left with no alternative than to seek publication of the whole and accurate facts with corroborating evidence; i.e. if the FHFT data that the responder has published against this FOI request is exactly what is recorded on the FHFT data systems, then can FHFT please publish how FHFT intend to make that data wholly accurate and reflective of the facts for public consumption of the corrected FHFT statement(s)?

Can you please respond to this by return to please indicate what FHFT propose to do about all of the above points and how these will be looked into and by whom during the next 20 days period before FHFT publish the outcome one assumes of the FHFT review?

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

Yours faithfully,

RASD

FOI (FRIMLEY HEALTH NHS FOUNDATION TRUST), Frimley Health NHS Foundation Trust

Dear Requester

Thank you for your email, this has been passed on to the correct person to undertake the internal review.

The trust has 20 working days to review the request and send out a response. You will receive this no later than the 10th September.

Regards

Ian Winder
Freedom of Information and Corporate Records Officer
Heatherwood Hospital (Greenwood Offices)
E: [email address]
W: www.frimleyhealth.nhs.uk

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Dear FOI (FRIMLEY HEALTH NHS FOUNDATION TRUST),

Thank you for your response Ian; to date I have received no further update.

I note you sign off your response with "regards" rather than that normally used in prior response to my request being, "yours sincerely".

Can you kindly please confirm why you now use this differing language and can you also please clarify if you revert to using "regards" rather than "yours sincerely" as a method of portraying any form of disquiet for a legitimate request to seek review being made by me?

Yours sincerely,

RASD

GOULD, Nicola (FRIMLEY HEALTH NHS FOUNDATION TRUST), Frimley Health NHS Foundation Trust

Dear RASD,

 

Below is the Trust's response to your FOI internal review request which
was submitted 20 working days ago on the 12^th August 2019:

 

I am sorry that you are unhappy with the information which was provided to
you over 3 emails, due to size restrictions of the Trust’s email
solution.  The information requested from the Trust was a vast amount of
information for which the Trust sought clarification in attempt to narrow
down the request to provide specific documentation in response to your
questions. However, your response to the clarification did not enable the
Trust to narrow down the information requested.  Your comments on the
presentation of the Final Trust Response have been noted.

 

The Trust does not have a legal obligation to rewrite or recreate
information held by the Trust, therefore, as you requested copies of Trust
meeting minutes, these have been provided to you in the format that they
are held by the Trust. 

 

Your request was made to the Trust on the 28th April 2019. Due to the
complexity and amount of information being requested, it took the Trust
longer than the 20 working days to collate the information.  When
collating the information, on the 31st May 2019 the Trust emailed asking
for clarification on your request, as well as providing an apology for the
time taken to respond.

 

You responded to the Trust's email on 5th August 2019 and a response was
provided on 9th August 2019.  Therefore, your request was processed within
29 working days, not the 103 days as stated below in your email.

 

In relation to the answer provided to question 19, the Trust does not hold
the protection category of the patient who complained.

 

This completes the internal review into your Freedom of Information
Request.  If you remain unhappy with how the Trust has processed your
request and internal review, you have the right to complain to the
Information Commissioners Office: [1]https://ico.org.uk/

 

Yours sincerely

 

Nicola Gould

Head of Information Governance / Data Protection Officer

Email: [2][email address]

 

 

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We don't know whether the most recent response to this request contains information or not – if you are RASD please sign in and let everyone know.