Late Payment Claims - "automatic" entitlement

Richard Hamilton made this Rhyddid Gwybodaeth request to Department of Health (Northern Ireland)

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

Roedd y cais yn llwyddiannus.

Dear Department of Health, Social Services and Public Safety (Northern Ireland),

Following is a link to Southern HSC Trust's responses to FoI 2015/587 dated 30 December 2015: https://www.whatdotheyknow.com/request/3...

From the information disclosed you will note that in October 2012 a senior official in BIS wrote to your Department clarifying the correct interpretation of the Late Payment Legislation. The letter was copied to both the CEO of SHSCT and the Department's Permanent Secretary.

Please provide copies of:
1) Any letters/emails/memos received by the Permanent Secretary in the period from October 2012 to March 2014 where he (the Permanent Secretary) was challenged either with regards his own or his officials interpretation/understanding of the Late Payment Legislation;
and
2) Any letters/emails/memos issued by the Permanent Secretary in the period from October 2012 to March 2014 where in line with the letter received from BIS he (the Permanent Secretary) sought to clarify/confirm the correct interpretation of the term "automatic entitlement" to (i) SHSCT, or (ii) HSC BSO DLS or (iii) the claimant company?

Please acknowledge receipt of this Freedom of Information request.

Yours faithfully,

Richard Hamilton

McCann, John (DHSSPS),

2 Atodiad

Mr Hamilton

We have received your Freedom of Information request and I attach your
acknowledgement letter and a Public Information Leaflet.

John McCann
Information Management Branch
DHSSPS
Tel: 02890 528218

dangos adrannau a ddyfynnir

Dear McCann, John (DHSSPS),

By my reckoning my request of 29 February 2016 has now been with your Department for more than 20 working days and as such the Department has once again breached its obligations under the Freedom of Information legislation.

Such a breach gives me 2 options namely to request an internal review or appeal directly to the Information Commissioner. Before deciding I think it is only fair and reasonable to give the Department a short period of grace to provide the information requested. I will now wait until close of business (5.00pm) on Monday 4 April 2016 before acting.

For the record I am concerned that as with FoI DHSSPS 0138-2015 my information request has been delayed. Please provide me with your assurances that my requests have not being selected for some form of unfair treatment. Better still please provide the information I originally requested today.

I look forward to hearing from you.

Yours sincerely,

Richard Hamilton

Knox, Malcolm,

5 Atodiad

Dear Mr Hamilton

 

I attach DHSSPS response to your FOI request.

 

Malcolm Knox

Financial Management Unit

 

 

Dear Knox, Malcolm,

I now have the Departments responses to my Freedom of Information request (FoI 2016-0018).

Having initially reviewed the information contained within the responses it is interesting to note how the Department obviously struggled to understand that the supplier(s) in question had an automatic entitlement to interest and compensation.

I assume you probably know all about this issue on the basis that you may well be the same Malcolm Knox mentioned in Southern Health and Social Care Trust's FoI responses of 30 December 2015? The Trust's responses can be found at:
www.whatdotheyknow.com/request/trusts_re... .

Yours sincerely,

Richard Hamilton

Dear Knox, Malcolm,

Included in the Department's responses to FoI 2016 – 0018 at attachment 4 was a letter dated 3 March 2014 sent from Dr Andrew McCormick to Claimant Company (Name redacted) under reference AMCC 4783 SECCOR/34/2013 DH3-13-1284

Following is an extract "When I wrote to you on 31st January 2014 I advised that I would update you on any outcome of considerations with relevant bodies in relation to fulfilling their relevant statutory obligations regarding late payment claims."

In its response to my FoI the Department has failed to include the Permanent Secretary’s letter to the Claimant Company (Name redacted) dated 31 January 2014. As a result the Department’s FoI disclosure is incomplete meaning the Department has once again breached its obligations under FoI legislation.

To regularise this FoI breach please arrange to disclose a copy of the Permanent Secretaries letter of 31 January 2014.

I look forward to your further responses.

Yours sincerely,

Richard Hamilton

Dear Department of Health, Social Services and Public Safety (Northern Ireland),

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

I am writing to request an internal review of Department of Health, Social Services and Public Safety (Northern Ireland)'s handling of my FOI request 'Late Payment Claims - "automatic" entitlement'.

On 1 April 2016 I responded to the Department's original FoI response by inviting that a document, that appeared to have been overlooked, be disclosed. In the absence of any reply I would now formally ask that the Department's original responses be subjected to an internal review on the basis that the Department failed to disclose all relevant documentation.

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

I look forward to your responses.

Yours faithfully,

Richard Hamilton

FOI (DHSSPSNI),

Mr Hamilton

I can confirm we have received your email requesting an Internal Review. We will be in touch soon.

Regards

Jeff Burns
DHSSPS Information Management Branch

dangos adrannau a ddyfynnir

Feeney, Joe, Department of Health (Northern Ireland)

2 Atodiad

Dear Mr Hamilton,

 

Further to your recent communications, I attach  my response to your
request.

 

I apologise for the delay.

 

Regards

 

Joseph Feeney

Local Information Manager

Finance Directorate

Department of Health

 

Joseph Feeney

DoH| Financial Planning Unit | D3 Castle Buildings | Stormont Estate,
Belfast | BT4 3SQ

' 02890 765634| Ext: 89634