Application under the Open Justice principle for disclosure of documents

Peter C. Bell made this Rhyddid Gwybodaeth request to Nursing and Midwifery Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Nursing and Midwifery Council fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Nursing and Midwifery Council,

At the Stratford hearing centre, a Fitness to Practise Panel consisting of Hilary Nightingale (chair), Mary Monnington (Registrant Panel Member) and Alex Forsyth (Lay panel member) held a hearing on 10 July 2018 in the case of NMC v Betsva, Cowee, Dullaghan, Martin, Morris and Short.

The panel hearing in public commenced at around 10:06 am and heard an application for disclosure of the evidence bundle and other papers in the matter. The panel adjourned for the NMC case presenter to seek instructions and then reconvened to continue to hear the application together with the registrants and their advisers' comments on the application and the legal assessor's opinion.

The panel adjourned to consider its ruling on the application and/or for lunch.

Please could you supply a copy of the Digital Audio Recording of the public part of the hearing excluding those parts of the hearing where the panel were deliberating in private from the time that the panel first sat in public that day until the time that the panel adjourned for lunch and/or to deliberate in private.

Please provide this in electronic form.

Alternatively, please provide a transcript of the same section of the public part of the hearing.

Yours faithfully,

Peter C. Bell

Yours faithfully,

Peter C. Bell

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

When you submit a request to us, we may ask for further information to
assist us in processing your request.

 

We will only collect, use and store this information in order to process
your request and in accordance with our Retention and Disposal Schedules.

 

To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

dangos adrannau a ddyfynnir

Simon Baker, Nursing and Midwifery Council

By Email: Peter C Bell - Peter C. Bell
[1][FOI #503732 email]

 

Ref No: FOI/2018/276

13 August 2018

 

Dear Mr Bell

Freedom of Information Request

 

Thank you for your request for information from the Nursing and Midwifery
Council (NMC). Your request was received on 30^th July 2018 and dealt with
under the terms of the Freedom of Information Act 2000 (FOI Act).

 

You have asked for the following information:

 

             ‘At the Stratford hearing centre, a Fitness to Practise Panel
consisting of Hilary Nightingale (chair), Mary Monnington (Registrant
Panel Member) and Alex Forsyth (Lay panel member) held a hearing on 10
July 2018 in the           

             case of NMC v Betsva, Cowee, Dullaghan, Martin, Morris and
Short.

 

            The panel hearing in public commenced at around 10:06 am and
heard an application for disclosure of the evidence bundle and other
papers in the matter. The panel adjourned for the NMC case presenter to
seek          

                 instructions and then reconvened to continue to hear the
application together with the registrants and their advisers' comments on
the application and the legal assessor's opinion.

 

            The panel adjourned to consider its ruling on the application
and/or for lunch.

 

            Please could you supply a copy of the Digital Audio Recording
of the public part of the hearing excluding those parts of the hearing
where the panel were deliberating in private from the time that the panel
first sat in public                

           that day until the time that the panel adjourned for lunch
and/or to deliberate in private.

 

           Please provide this in electronic form.

 

           Alternatively, please provide a transcript of the same section
of the public part of the hearing.’

 

Response

 

The FOIA provides a right of access to information held by public
authorities. FOIA does not confer any explicit right to copies of original
documents or materials containing that information. Accordingly, a request
for a copy of a particular document or material is a request for all the
recorded information in that document or material.

 

You requested a copy of the Digital Audio Recording of the hearing in
electronic form. For the reasons set out above, you do not have a right
under FOIA to the Digital Audio Recording of the hearing. You do, however,
have a right under FOIA to the information that is recorded on the Digital
Audio Recording of the hearing.

 

Rule 27 of the Nursing and Midwifery Council (Fitness to Practise) Rules
2004 provides that:

 

“(1) The Council shall arrange for all hearing and preliminary meetings
held by a Practice Committee, to be recorded in writing or electronic
form.

 

(2) Any party to the proceedings shall, on application to the Council, be
furnished with a transcript of the record of any part of the hearing or
preliminary meeting at which she was entitled to be present.

 

(3) Paragraphs (1) and (2) shall not apply to the private deliberations of
[either] Practice Committee.”

 

In light of Rule 27, the NMC is under a statutory duty to arrange for FtP
hearings to be recorded in writing or electronic form and to provide upon
request a transcript of the record to the parties.

 

The purpose of transcribing a Digital Audio Recording of a FtP hearing is
to obtain an accurate and reliable copy of the information contained on
the Digital Audio Recording in a format that can be easily provided to the
parties involved in the hearing. Consequently, in our view the transcript
of the same section of the public part of the hearing contains a true and
accurate copy of the information you requested, namely the information
recorded on the Digital Audio Recording the hearing and as you made clear
in your request as an alternative to a copy of the Digital Audio Recording
you would accept a transcript of the same section of the public part of
the hearing.

 

A copy of the transcript of the same section of the public part of the
hearing is held by the NMC and can be made available to you for a fee ie
£297 for a standard 10 working day turnaround or £360 for an expedited 5
working day turnaround.

 

In order to request a copy of the transcript of the hearing for the day
specified and pay the fee please contact the following email address:
[2][email address].

 

By way of explanation we do not currently hold the transcript so that it
can be immediately made available to you, hence you will need to make a
request for it to the above email address to have it transcribed.

 

A previous transcript was provided free of charge to you in the case of
Morris specifically by way of recompense for the fact you were not taken
into the hearing in open session and given that  circumstance does not
apply in this case there will be a fee to request the transcript be
transcribed for you in this instance.

 

End of Response

 

If you are not satisfied with the way we have dealt with your request for
information under the FoIA, in accordance with the Statutory Code of
Practice issued under s. 45 FoIA, you may complain to the NMC. You should
submit any complaint in writing within 28 days to:

Clementine Adewunmi
Records and Archives Manager
Nursing and Midwifery Council
23 Portland Place
London
W1B 1PZ

This will be investigated in line with our internal complaints procedure.
If you are not satisfied with the outcome, you should then contact the
Information Commissioner (as an appeal under s. 50 FoIA) by writing to:

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

Tel: 0303 123 1113 (local rate) or

Tel: 01625 545 745

 

 

Thank you

 

Yours sincerely

 

Simon Baker

Records and Archives Officer

Business Delivery and Technology Services Directorate

020 7681 5845

Nursing and Midwifery Council
23 Portland Place
London W1B 1PZ
[3]http://www.nmc.org.uk/

020 7637 7181 (switchboard)

 

 

dangos adrannau a ddyfynnir

Dear Nursing and Midwifery Council,

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

I am writing to request an internal review of Nursing and Midwifery Council's handling of my FOI request 'Application under the Open Justice principle for disclosure of documents'.

The Council has confirmed that it has the information requested (which is the information recording on the digital audio recording of the proceedings).

The requester has expressed a preference to receive the information in its original format but has also agreed that the Council could satisfy this request by providing the information in an alternative format.

The ICO has issued guidance in relation to fee costs of compliance with a request under the Freedom of Information Act https://ico.org.uk/media/1635/fees_cost_...

The ICO has also issued guidance regarding the right to recorded information https://ico.org.uk/media/for-organisatio...

Can I ask you to reconsider your response to my request in the light of the above guidance?

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

Yours faithfully,

Peter C. Bell

Nursing and Midwifery Council

2 Atodiad

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dangos adrannau a ddyfynnir

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

When you submit a request to us, we may ask for further information to
assist us in processing your request.

 

We will only collect, use and store this information in order to process
your request and in accordance with our Retention and Disposal Schedules.

 

To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

dangos adrannau a ddyfynnir

Dear Nursing and Midwifery Council,

I note that my request for a review of your decision is expected to have a response by next Friday 14 September however I have not yet had an acknowledgement of receipt from you.

Could you kindly acknowledge receipt of the review request and confirm that a response will be sent within the time limit specified in the FOI Act and ICO guidance?

Yours faithfully,

Peter C. Bell

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

When you submit a request to us, we may ask for further information to
assist us in processing your request.

 

We will only collect, use and store this information in order to process
your request and in accordance with our Retention and Disposal Schedules.

 

To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

dangos adrannau a ddyfynnir

Dear Nursing and Midwifery Council,

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

I have already written to request an internal review of Nursing and Midwifery Council's handling of my FOI request 'Application under the Open Justice principle for disclosure of documents'.

Could you kindly confirm receipt of that request.

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

Yours faithfully,

Peter C. Bell

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

When you submit a request to us, we may ask for further information to
assist us in processing your request.

 

We will only collect, use and store this information in order to process
your request and in accordance with our Retention and Disposal Schedules.

 

To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

dangos adrannau a ddyfynnir

Dear Nursing and Midwifery Council,

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

I have previously written to request an internal review of Nursing and Midwifery Council's handling of my FOI request 'Application under the Open Justice principle for disclosure of documents'.

The response to that request for internal review was due in early September 2018.

Can I ask if you are intending to respond to that request or should I take this matter up with the ICO?

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

Yours faithfully,

Peter C. Bell

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

When you submit a request to us, we may ask for further information to
assist us in processing your request.

 

We will only collect, use and store this information in order to process
your request and in accordance with our Retention and Disposal Schedules.

 

To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

dangos adrannau a ddyfynnir

Gadawodd Peter C. Bell anodiad ()

Sent final reminder before referring complaint to ICO