Copy of Digital Audio Recording of hearing 21 May 2018 case of Ben Morris

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.

Roedd y cais yn llwyddiannus.

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 21 May 2018 in the case of Mr Ben Morris (registration MH 9915921E).

I attended the hearing centre as a member of the public from 09:00 and had asked to be admitted to the hearing as an observer. At around 11:50 hrs I was advised that the panel were in private deliberation and/or would take a lunch break and that the parties had been released until 15:00 hrs.

I returned to the hearing centre at 14:50 and was admitted to hearing room 5 at 15:55 to hear the decision of the panel be handed down.

According to the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (SI 2004/1761) as amended, clause 19 Public and Private hearings states that, subject to the exceptions in paragraphs (2) and (3), that "hearings shall be conducted in public".

Please could you supply a copy of the Digital Audio Recording of the hearing excluding those parts of the hearing where the panel were deliberating in private.

Please provide this in electronic form.

Yours faithfully,

Peter C. Bell

Foi & Dpa Request, Nursing and Midwifery Council

We acknowledge receipt of your freedom of information/data protection
request.

 

The statutory timeframe for responses are:

 

o Freedom of Information requests - 20 working days;
o Data Protection requests - 40 (calendar) days.

 

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

 

The Nursing and Midwifery Council is now using the email and file
encryption service - Egress Switch to secure sensitive information.
[1]http://www.egress.com/

 

Thank you.

 

Nursing and Midwifery Council

23 Portland Place London W1B 1PZ

 

dangos adrannau a ddyfynnir

Foi & Dpa Request, Nursing and Midwifery Council

We acknowledge receipt of your freedom of information/data protection
request.

 

The statutory timeframe for responses are:

 

·        Freedom of Information requests - 20 working days;

·        Data Protection requests - 40 (calendar) days.

 

From 25 May 2018, the statutory timeframe for responses under the General
Data Protection Regulation [GDPR] are:

 

·        Data Protection requests - 30 days.

 

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

 

The Nursing and Midwifery Council is now using the email and file
encryption service - Egress Switch to secure sensitive information.
[1]http://www.egress.com/

 

For information about how the NMC store and use your data please use the
following link:

[2]https://www.nmc.org.uk/contact-us/foi-an...

 

 

Thank you.

 

Nursing and Midwifery Council

23 Portland Place London W1B 1PZ.

 

 

 

 

dangos adrannau a ddyfynnir

Foi & Dpa Request, Nursing and Midwifery Council

1 Atodiad

Dear Mr Bell

 

Please find attached a response to your recent Freedom of Information
(FOI) request.

 

Yours faithfully

 

FOI and Data Protection Officer

 

FOI and Data Protection Officer

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ

 

 

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 'Copy of Digital Audio Recording of hearing 21 May 2018 case of Ben Morris'.

My request was effectively refused on the grounds that it would cost more than the statutory limit to locate, edit and supply the information requested.

However the Council should have provided me with assistance that might help me reformulate my request so that it would fall within the statutory limit and/or supply me with the cost of meeting my request so that I could consider whether I wished to pay for the information to be provided.

The Council did not provide sufficient details for me to consider either of these two options.

Could I please ask you to reconsider my request and to provide sufficient information so that I could have the option to pursue either (or indeed both) of the above courses of action.

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

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,

I am not sure whether you are now processing my request for an internal review?
Would you kindly confirm that this is underway?

The guidance from the ICO on timeliness of responses suggest that an internal review should be carried promptly and in any event within 20 working days of the request being submitted.

Extract from ICO guidance:

" Paragraphs 39 to 41 cover the internal review process and
stress the importance of keeping the applicant informed at all
stages on:
 the progress of the complaint; and
 the likely timescale for completion.

If an internal review results in the disclosure of information
which was previously withheld, the public authority should
inform the applicant of the outcome as soon as possible and tell
them when they are likely to receive the information.

In any event an internal review should take no longer than 20
working days in most cases, or 40 in exceptional
circumstances."

I am therefore assuming that I will receive a response from you promptly and in any event prior to 27 July 2018?

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

Clementine Adewunmi, Nursing and Midwifery Council

1 Atodiad

Our Ref: CFOI/2018/005

Dear Mr Bell,
Please see attached the response to your FOI internal review request.

Thank you
Yours sincerely,

Clementine Adewunmi
Information and Records Manager
Technology and Business Innovation (TBI) Directorate

Nursing and Midwifery Council
23 Portland Place
London W1B 1PZ
www.nmc.org.uk

dangos adrannau a ddyfynnir

Gadawodd Peter C. Bell anodiad ()

The NMC did not provide a copy of the digital audio recording as requested but DID provide a transcript of the relevant part free of charge