Disciplinary proceedings over NHS staff using social media or instant messaging apps

Kat Lay made this Rhyddid Gwybodaeth request to Basildon and Thurrock University Hospitals NHS Foundation Trust as part of a batch sent to 225 authorities

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 rhannol lwyddiannus.

Dear Basildon and Thurrock University Hospitals NHS Foundation Trust,

I am writing with a request under the Freedom of Information Act. I would like this information for the calendar year to date, 2017, 2016, 2015, 2014 and 2013.

Please can you tell me:

*How many people working at the trust have been subject to disciplinary proceedings for their use of instant messaging apps (e.g. WhatsApp, Facebook Messenger, Snapchat)?

*How many people working at the trust have been subject to disciplinary proceedings for their use of social media (e.g. Facebook, Twitter, Instagram)?

*Please tell me, for each case, the job title of the staff member concerned (e.g. junior doctor, consultant, nurse, administrative staff) and which sanctions were applied (e.g. dismissal, formal warning, referral to professional regulator).

I would prefer to receive the information electronically, and in either Excel or CSV format.

Should this request be likely to breach the costs limit set out in section 12 of the FOI Act, I would like the information for the most recent calendar years in turn, going backwards until the cost limit is reached.

Yours faithfully,

Kat Lay
Health Correspondent
The Times
020 7782 5054 // 07775 694 789

FOI, Basildon and Thurrock University Hospitals NHS Foundation Trust

Dear Ms Lay,

Freedom of Information Act Request Acknowledgment

Thank you for contacting the Freedom of Information Office at Basildon and Thurrock University Hospitals NHS Foundation Trust. We confirm that we have received your correspondence.

Your request below is being considered and you will receive a response within the statutory timescale of 20 working days following the date on which the request was received, as defined by the Act, subject to the information not being covered by an exemption or containing reference to a third party.

For your information, the Act defines a number of exemptions which may prevent release of some or all of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release some or all of the information to you. You will be informed if this is the case.

There may be a fee payable for this information. This will be considered and you will be informed if as fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of payment. You will be informed if this is the case.
If you have made a request for information held by the Trust - we will contact you as soon as possible if we need any further information to enable us to answer your request. If we don't need any further information we will respond to you within the statutory timescale of 20 working days following the date on which the request was received.

If you have any further queries or concerns then please do not hesitate to contact us.

With best regards,

Alan Larn.

Alan Larn | communications officer (Freedom of Information) | communications department
Basildon and Thurrock University Hospitals NHS Foundation Trust | Nethermayne | Essex | SS16 5NL
01268 524900 ext 2992
[Basildon and Thurrock University Hospitals NHS Foundation Trust request email]

safe  caring  excellent  …together

dangos adrannau a ddyfynnir

Larn, Alan, Basildon and Thurrock University Hospitals NHS Foundation Trust

1 Atodiad

Dear Ms Lay,

 

Thank you for your recent Freedom of Information request dated 09 April
2018, which has been handled under the Freedom of Information Act 2000
(FOIA).

Your request and our response are as follows:

 

Your request:

 

*How many people working at the trust have been subject to disciplinary
proceedings for their use of instant messaging apps (e.g. WhatsApp,
Facebook Messenger, Snapchat)?

 

*How many people working at the trust have been subject to disciplinary
proceedings for their use of social media (e.g. Facebook, Twitter,
Instagram)?

 

*Please tell me, for each case, the job title of the staff member
concerned (e.g. junior doctor, consultant, nurse, administrative staff)
and which sanctions were applied (e.g. dismissal, formal warning, referral
to professional regulator).

 

I would prefer to receive the information electronically, and in either
Excel or CSV format.

 

 

Our response:

 

Please see attached file 18-011.xlsx,  which summarises the data.

 

Please note that under the Freedom of Information Act 2000, any data that
is below five would be deemed identifiable under section 40(2) of the Act.
Releasing the requested information would risk making it possible to
identify the individuals concerned.

 

The requested information is therefore exempt from disclosure in the form
that you requested it under section 40 (Personal Information) of the
Freedom of Information Act (FOIA), as the information constitutes data as
of a third party.

 

Section 40(2) provides that personal data about third parties is exempt
information if one of the conditions set out in section 40(3) is
satisfied. Under the FOIA, disclosure of this information would breach the
fair processing principles contained in the Data Protection Act (DPA)
where it would be unfair to that person.

 

Consequently, we have indicated  the job roles and the outcomes, but
listed them separately, rather than tying them to individual events or
dates, as to link them would have greatly increased the risk of making the
individuals concerned identifiable.

 

I hope that the response that the Trust has provided is satisfactory,
however if you are dissatisfied with the way in which your Freedom of
Information request has been dealt with you can request an internal
review. Please email [1][email address] within 40 working days with
clarification of what you would like to be reviewed. We will aim to
provide a review response within 20 working days.

 

If you remain dissatisfied, you have the right under section 50 of the Act
to apply to the Information Commissioner to seek resolution to the matter.
Further details can be found on their website:
[2]http://www.informationcommissioners.gov.....

 

Re-use of Public Sector Information Regulations 2015 – General statement
of compliance

 

The Trust for its part is happy for you to reuse any of the information
supplied to you in compliance with the Open Government Licence (OGL)
terms:  Please click here for further details
[3]http://nationalarchives.gov.uk/documents...
.  We do not permit the forwarding or sale of staff/departmental contact
details and a specific Re-use of Information Regulations request is
required for such purposes.

 

If relevant, you will need the permission of other information owners. 
This can occur when you receive a document which is co-authored or where
the ownership lies with another organisation.  Provision under both the
Freedom of Information Act 2000 and Environmental Information Regulations
2004 does not entitle you to re-use the information without appropriate
permissions.  Use must be in compliance with an Open Government Licence or
other agreed terms.

 

We ask that you take a couple of minutes and complete a short survey in
relation to your FOI request. The questions relate to your request and how
it was handled and the response received. Click here.

 

Kind regards,

 

 

Alan Larn | communications officer (Freedom of Information) |
communications department Basildon and Thurrock University Hospitals NHS
Foundation Trust | Nethermayne | Essex | SS16 5NL

01268 524900 ext 2992

[4][Basildon and Thurrock University Hospitals NHS Foundation Trust request email]

 

safe  caring  excellent  …together

 

dangos adrannau a ddyfynnir