Applications from NHS Improvement

Response to this request is long overdue. By law, under all circumstances, Advisory Committee on Business Appointments should have responded by now (details). You can complain by requesting an internal review.

Dr Colin Iain Campbell MBChB FRSPH

Dear Advisory Committee on Business Appointments,

I am writing to request information under the Freedom of Information Act 2000. I would be interested in any information held by your organisation regarding my request. I understand that I do not have to specify particular files or documents and it is the departments responsibility to provide the information I require. If you need further clarification please contact me via this website (or email). I would like to request the following information:

1) How many applications have you received from NHS Improvement in the last 8 months for your advice on the appointment of senior civil servants (broken down month by month if non zero please).

I am intersted in whether you have received an application for any senior civil servants with the job title Senior Operational Agency Data & Intelligence Lead within NHS Improvement in the last year.

Specifically I wish to know:
2) How many such applications have you had.
3) If you have had applications from NHS Improvement, was one from or pertaining to the appointment of, Martin Innes
4) If so, to which company did he go

We are especially interested in whether or not this company was a "Direct Engagement" Scheme provider.

The individual publicly announced that he was leaving in May days after the Times article below was published. There is some suggestion he may have discussed his leaving destination with a number of individuals however we wish to know for certain if ACOBA is aware of where he was sent, and if an application to your Committee was received, or not.

Public interest representation regarding healthcare/medical services based direct engagement schemes:

Direct Engagement schemes are aggressive VAT (and sometimes also employment tax) avoidance schemes. They have been described by Dame Margaret Hodge MP as Aggressive Tax Avoidance. They are being targeted at NHS trusts who are desperate for cash due to budget pressures (as increases in funding are not keeping pace with healthcare inflation) but ultimately result in vast sums of money being removed from the public sector budget in what should have been a circular flow of money within the treasury. Public bodies are funded on the basis that this tax will fall due and such avoidance schemes occur at detriment to the public purse and ultimately also to the NHS itself as there is less money in the pot for it in the long run.

The Times has recently named a direct engagement provider and, by way of public interest representation I would ask you to read the linked article and note the scheme provider named by The Sunday Times:

https://www.thetimes.co.uk/article/nhs-h...

Direct Engagement Schemes based on supply of healthcare services/medical services purport to provide healthcare/medical services to claim a VAT exemption. However this is incompatible with inside IR35 determinations as the exemption is unavailable when a worker is being supplied, and where there is a claim that direction and control are exerted and the use of the exemption in such cases may be unlawful. See VAT notice 701/057 and IHPA's Treasury Select Committee submissions on the matter.

I would like the information to be provided by email or on this website in electronic form. If my request is denied in whole or in part I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees. I would be grateful if you could confirm in writing that you have received this request. I look forward to your response within 20 working days as outlined by the statute. Many thanks for your assistance with this request.

Yours faithfully,
Dr Colin Iain Campbell MBChB FRSPH