Health & Safety Risk Assessments

Mike Highton made this Rhyddid Gwybodaeth request to Warrington and Halton Teaching Hospitals NHS Foundation Trust

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Roedd y cais yn llwyddiannus.

Dear Warrington and Halton Hospitals NHS Foundation Trust,

I would like to Request an electronic copy, followed by a paper copy of the current Trust Risk Register under the FOI Act 2000 together with the associated Risk management Plan.

This information is requested under the following requirements;

It is a statutory requirement to carry out Risk Assessments. See SI 1992 No2051.

The Chief Executive is responsible for management of Health & Safety see HSG

See Risk Management in the NHS ( 1994) - Chapter 16 for Legal Framework

Yours faithfully,

M Highton - Foundation Trust Memeber

Dear Mike,

Thank you for your FOI regarding the above which we received on 13th
April 2010. We will begin to collate the information necessary to
respond to your request within the statutory timescale.

Regards

Victoria Smith
Acting on Behalf of the Information Governance Manager
Warrington and Halton Hospitals NHS Foundation Trust
Telephone - 01925 662000

dangos adrannau a ddyfynnir

Ashton, Mark,

Dear Sir

Thank-you for your Freedom of Information request dated 13/04/2010 in which you request a copy of the Trust’s current risk register.

After consulting Information Commissioner’s Office guidance the Trust has elected not to release the information which you have requested.

Section 36 of the Freedom of Information Act 2000 provides an exemption to the release of information which would be prejudicial to the effective conduct of public affairs. Release of the corporate risk register would be likely to inhibit the free and frank exchange of views for purposes of deliberation and is therefore exempt from release under section 36 (2) (b) (ii) of the Freedom of Information Act 2000.

In order to continue to effectively treat and mitigate risk it is important that staff within the organisation are able to discuss risks and mitigation steps to be taken openly and the disclosure of the risk register would be likely to inhibit such openness and the Trust's ability to mitigate risks would be adversely affected.

The section 36 exemption is a qualified exemption and is therefore subject to the public interest test. In this case the Trust is satisfied that the public interest in non-disclosure outweighs the public interest in disclosure. The decision to withhold this information has been reached by senior staff at the Trust, in conjunction with the Chief Executive Officer, who for purposes of the application of the section 36 exemption acts as the qualified person.

Regards

Mark Ashton
Deputy Information Governance Manager
Warrington and Halton Hospitals NHS Foundation Trust
Ext: 5673

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dangos adrannau a ddyfynnir

Dear Warrington and Halton Hospitals 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 Warrington and Halton Hospitals NHS Foundation Trust's handling of my FOI request 'Health & Safety Risk Assessments'.

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

Yours faithfully,

Mike Highton

Ashton, Mark,

Dear Sir

I acknowledge your request for a review of the handling of this FOI request. I will review this in conjunction with my colleagues at the earliest opportunity.

Regards

Mark Ashton
Deputy Information Governance Manager
Warrington and Halton Hospitals NHS Foundation Trust
Ext: 5673

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dangos adrannau a ddyfynnir

Ashton, Mark,

Internal review of the application of the section 36 exemption in response
to request number FOI-10-080

Dear Sir

Thank-you for your email dated 11/05/2010 requesting an internal review of
the handling of your Freedom of Information Act request for access to the
Trust's corporate risk register.

After completing the internal review of the handling of this request we
are satisfied that the section 36 exemption has been correctly applied and
that we are justified in withholding this information. As the section 36
exemption is a qualified exemption the Trust must also consider whether
the public interest in withholding the information is best served. We are
satisfied in this case that the public interest in non-disclosure
outweighs the public interest in disclosure.

As I explained in my final response to your request for the Trust's risk
register the decision to withhold the information under section 36 (2) (b)
(ii) of the Freedom of Information Act 2000 has been approved by the
Trust's Chief Executive Officer who, for purposes of the application of
the section 36 exemption, must act as the qualified person.

In order to obtain an objective view of the handling of your request of
13/04/2010 this review has been conducted by the Senior Independent
Director who is a Non-Executive Director. The decision to ask the Senior
Independent Director to conduct this review was based on the requirement
for impartiality during the review. The Senior Independent Director was in
no way involved in contributing to the original response to this request,
or in the decision making process which led to the application of the
section 36 exemption. It was therefore felt that this person, as a
Non-Executive Director who is not employed by the Trust, would bring the
required level of objectivity to the review. During the internal review,
which took place on 25/05/2010, the handling of your original request, the
application of the exemption and the public interest arguments were
considered at length. The Trust's assertion that release of the corporate
risk register would be likely to inhibit the free and frank exchange of
views for purposes of deliberation, and is therefore exempt from release
under section 36 (2) (b) (ii) of the Freedom of Information Act 2000, was
upheld by the Senior Independent Director.

In order to continue to effectively treat and mitigate risk it is
important that staff within the organisation are able to discuss risks and
mitigation steps to be taken openly and the disclosure of the risk
register would be likely to inhibit such openness and the Trust's ability
to mitigate risks would be adversely affected. For this reason it was
concluded during the internal review that the public interest in
non-disclosure of the risk register outweighs the public interest in
disclosure.

Complaints relating to non-compliance with requests for information under
the Freedom of Information Act 2000 are covered by the Trust's Complaints
Policy and are handled in the same way as all other concerns and/or
complaints. If you are dissatisfied with the way your original request has
been handled you can contact the complaints team by writing to:

Graham Thornley, Complaints Manager, Kendrick Wing, Warrington Hospital,
Lovely Lane, Warrington, WA5 1QG.

If you are dissatisfied with the outcome of this internal review you can
submit a complaint to the Information Commissioner's Office. You can do
this by writing to:

FOI / EIR Complaints Resolution, Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Alternatively you can complete an electronic complaints form and submit it
to the Information Commissioner's Office via email. I have included a link
below for your convenience which explains how to complain to the
Information Commissioner's Office.

[1]http://www.ico.gov.uk/complaints/freedom...

Regards

Mark Ashton

Deputy Information Governance Manager

Warrington and Halton Hospitals NHS Foundation Trust

Ext: 5673

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References

Visible links
1. http://www.ico.gov.uk/complaints/freedom...

Dear Ashton, Mark,

Thank you for your response to my FOI request and the explanation of your decision to deny provision of the information under the specific sections.

We have already made a complaint to the Trust regarding Ms. Catherine Beardshaw's refusal to provide a copy of the Risk Register - claiming exemption under section 36(2)(b)(ii) . Although the review has been carried out by a non-executive director, that is not an independent review and the 'Senior Independent Director' would not remain in that position unless he rubber stamped Board decisions. Especially as Board Meetings are not held in Public.exluding any public discussion of these matters.

It is obviously in the Public Interest to know what risks Patients are at when being treated at the Hospital and/or to make decision whether to be treated at the hospital. Based on our experience and the high HSMR rates, Risk is quite high because of Ms.Beardshaw's refusal to learn from mistakes.

Similarly, I would like to point out that the same request was made to the Mid-Staffordshire Trust and the Wrightington, Wigan & Leigh Trust, who then complied with the request and provided the appropriate doucments.

Therefore, we have now sought the involvement of the ICO to make a ruling on your decision.

Yours sincerely,

Mike Highton

1 Atodiad

Dear Sir

I have been asked by the Information Commissioner's Office to release the Trust's Risk Management Strategy in response to your FOI request made on 13/04/2010. This document is supplied in response to your request for the Trust's Risk Management Plan.

The ICO has yet to issue a decision notice relating to release of the Trust's Risk Register.

Regards

Mark Ashton
Deputy Information Governance Manager
Kendrick Wing
Warrington and Halton Hospitals NHS Foundation Trust
Lovely Lane
Warrington
WA5 1QG
Ext: 5673
Main Number: 01925 635911

dangos adrannau a ddyfynnir

Dear FOI,

Thank you for providing the attached document. However, as it has taken over 11 months to comply with
my FOI request - the said document is out of date and
therefore of no use.

I would now request the latest versions of the documents be provided or do I need to submit a new FOI request to you & completed the same process - you declining, my requesting an Internal Review, you upholding the Internal review and then my complaining to the ICO - which I am more than willing to follow again.

Yours sincerely,

Mike Highton

Dear Sir

The Risk Management Strategy sent to you is still valid but is currently under review.

Version 6 of the Risk Management Strategy will be publically available after it has been approved by the new Associate Director of Governance and ratified at the Governance Committee.

Regards

Mark Ashton
Deputy Information Governance Manager
Kendrick Wing
Warrington and Halton Hospitals NHS Foundation Trust
Lovely Lane
Warrington
WA5 1QG
Ext: 5673
Main Number: 01925 635911

dangos adrannau a ddyfynnir

Ashton, Mark,

1 Atodiad

Dear Sir

In response to your FOI request dated 13/04/2010, and in light of the
recent ICO decision which found that the exemption under section 36 (2)
(B) (ii) was engaged but that the public interest in maintaining the
exemption did not outweigh the public interest in favour of disclosing the
exemption, I attach the document which you requested.

The attached document contains the information which was current at the
time of your request. Please can you let me know if you would also like a
paper copy as indicated in your request dated 13/04/2010.

If I can be of further assistance please don't hesitate to contact me.

Regards

Mark Ashton

Deputy Information Governance Manager

Kendrick Wing

Warrington and Halton Hospitals NHS Foundation Trust

Lovely Lane

Warrington

WA5 1QG

Ext: 5673

Main Number: 01925 635911

Dear Ashton, Mark,

Thank you for the document attached.I would appreciate the most recent copy of the requested document. Please confirm whether or not the attached document is the most recent?

If it is not, would you like me to submit a new FOI to enable you to comply both with my request & the requirements of the ICO's Legally binding decision?

Yours sincerely,

Mike Highton

Ashton, Mark,

Dear Sir

I did did say in my email dated 12/04/2011 that the information supplied was the information that was current at the time of your request in April 2010. We have complied with the ICO decision notice of 05/04/2011 by disclosing the previously withheld risk register.

I will treat your request for the current risk register as a new FOI request and I will supply you with this as quickly as possible.

Regards

Mark Ashton
Deputy Information Governance Manager
Kendrick Wing
Warrington and Halton Hospitals NHS Foundation Trust
Lovely Lane
Warrington
WA5 1QG
Ext: 5673
Main Number: 01925 635911

dangos adrannau a ddyfynnir

Ashton, Mark,

1 Atodiad

Dear Sir

In response to your FOI request in which you request the most recent copy
of the Trust's corporate risk register I am able to provide the register
(attached) which was approved this week by the Trust's Governance
Committee.

I trust this information satisfies your requirements. If I can be of
further assistance please don't hesitate to contact me.

Regards

Mark Ashton

Information Governance Manager

Kendrick Wing

Warrington and Halton Hospitals NHS Foundation Trust

Lovely Lane

Warrington

WA5 1QG

Ext: 5673

Main Number: 01925 635911

Dear Ashton, Mark,

Thank you for dealing with my FOI request.

Yours sincerely,

Mike Highton