NHS Shared Business Services
Dear NHS Devon,
Please provide a copy of the 'intention to proceed' which has been signed by NHS Devon regarding the transfer of family health service functions to NHS Shared Business Services, and all associated documents or correspondence.
Yours faithfully,
Paul Jones
Dear Paul
Thank you for your Freedom of Information request. Please find attached an acknowledgement letter from NHS Devon.
Kind regards
The Freedom of Information team
NHS Devon
Dear NHS Devon,
Your Ref: FOIDV1602\171111\LB
I believe that I should have received a response to my FOI request by now. I would be grateful if you would respond as soon as possible.
Yours sincerely,
Paul Jones
Dear Paul
Thank you for your Freedom of Information request. Please find attached a response letter from NHS Devon.
Kind regards
The Freedom of Information team
NHS Devon
Dear NHS Devon
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of NHS Devon's handling of my FOI request 'NHS Shared Business Services'.
A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/nh...
I note that you have refused my request for information using the exemption in s41(1). While I request that you review all aspects of your use of this exemption, I would particularly request that you consider the following points:
* The exemption only covers information provided to the public authority by another person or organisation in confidence. I requested a copy of the 'intention to proceed' signed by NHS Devon. It is my understanding that this is a document provided by NHS Devon to NHS Shared Business Services. As it is information going from NHS Devon to SBS, not from SBS to NHS Devon, I would question whether the exemption can apply.
* NHS Devon should not rely simply on documents being marked as 'Confidential' or 'In Confidence' but should carry out a full assessment of whether the information has the necessary quality of confidence to justify it being regarded as held in confidence.
* Would disclosure of the information give rise to an actionable breach of confidence - would Shared Business Services be able to take NHS Devon to court for disclosing the information? If not, then the information should be disclosed.
* While s41 is not a qualified exemption, the common law duty of confidence contains an inherent public interest test which must be considered in order to decide if the information is exempt. What consideration has been given to the public interest in disclosing the requested information? Given that the issue of the transfer of FHS services has been discussed in a debate in Parliament, and that the 'intention to proceed' was referred to in that debate, I would suggest that there is a considerable public interest in disclosure, in the interests of openness and transparency in how public services are provided.
* The exemption, if it does apply, would only cover those parts of the documents covered by my request that contain information provided to NHS Devon in confidence. All other parts of those documents should be disclosed.
Yours faithfully,
Paul Jones
Dear Paul,
An interval review is under way and will be carried out in accordance with the Freedom of Information Act 2000.
Kind regards
Lee
The Freedom of Information team
NHS Devon
Dear Paul,
Further to the email sent to you on the 10 January.
In order to carry out an independent internal review it is necessary to forward your contact details to a colleague at NHS Plymouth.
Could you please confirm you are happy for me to do this.
Kind regards
The Freedom of Information team
NHS Devon
Dear Paul,
Thank you for your response.
As you mention, this is due to Clustering.
Kind regards
The Freedom of Information team
NHS Devon
________________________________________
From: Paul Jones [[FOI #93521 email]]
Sent: 17 January 2012 20:23
To: Devon PCT Foi (DEVON PCT)
Subject: RE: Internal review of Freedom of Information request - NHS Shared Business Services
Dear NHS Devon
OK - I presume this is due to 'clustering'?
Regards
Paul Jones
Dear Paul Jones
Please find the attached appeal acknowledgement letter. Please come back
to me if needed.
Stuart Edmunds
Freedom of Information Manager
NHS Plymouth
Plymouth Teaching Primary Care Trust
Building Two
Brest Road
Plymouth
PL6 5QZ
[email address]
01752 435111
References
Visible links
1. http://www.connectingforhealth.nhs.uk/nh...
Dear Paul Jones
Please find NHS Devon's response to your internal appeal request. NHS
Devon continues to consider some items and will respond as soon as
possible within the 40 working days allowed for exceptionality.
Stuart Edmunds
Freedom of Information Manager
NHS Plymouth
Plymouth Teaching Primary Care Trust
Building Two
Brest Road
Plymouth
PL6 5QZ
[email address]
01752 435111
References
Visible links
1. http://www.connectingforhealth.nhs.uk/nh...
Dear Paul Jones
Please find NHS Devon's full response to your Freedom of Information Act
appeal. The reply includes our letter that contains additional
information and six attachments.
Thank you for allowing me to carry out the review on NHS Devon's behalf.
Stuart Edmunds
Freedom of Information Manager
NHS Plymouth
Plymouth Teaching Primary Care Trust
Building One
Brest Road
Plymouth
PL6 5QZ
[email address]
01752 435111
References
Visible links
1. http://www.connectingforhealth.nhs.uk/nh...
Gadawodd Paul Jones anodiad ()
As NHS Devon has confirmed that it is withholding some information under section 41 (info. provided in confidence) and 43 (commercially interests), including the 'Intention to Proceed' and the 'Transforming and Modernising the Provision of Family Health
Services in the South West Region' document, I intend to refer this request to the Information Commissioner's Office so that the ICO can consider whether that information should be released.
Dear Mr Jones
Please find NHS Devon's reply letter
Please find NHS Devon's revised and new items
Please note item 1.3 will be sent separately due to its size
Please find items previously requested and disclosed to you
Satisfaction
I trust this matter has been dealt with to your satisfaction but if you
remain dissatisfied with any outcome you should contact the Information
Commissioner’s case office at:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
Tel: 01625 545 700
Fax: 01625 524 510
Stuart Edmunds
Freedom of Information Manager
Western Locality
cluster of NHS Devon, NHS Plymouth and NHS Torbay
Building Two
Brest Road
Plymouth
PL6 5QZ
Tel: 01752 435112
Fax: 01752 315321
email: [email address]
Dear Mr Jones
Please find NHS Devon's part two sent separately due to size limit on
email
Stuart Edmunds
Freedom of Information Manager
Western Locality
cluster of NHS Devon, NHS Plymouth and NHS Torbay
Building Two
Brest Road
Plymouth
PL6 5QZ
Tel: 01752 435112
Fax: 01752 315321
email: [email address]
Dear Mr Jones
Please find the attached documents that provide a conclusion to your
request (FOIDV1602) with NHS Devon and ICO reference number FS50438550.
That is we are not withholding any information now by virtue of section
43(2) commercial interests. We have with your agreement maintained
section 40(2) personal information exemptions.
The revised items are 1.5 and 1.6 as per the reference codes used
throughout the review of this case. The revised copies are attached
below.
I understand you have already received a copy of the NHS SBS business case
from NHS Wiltshire. That item is attached for completion of the case. A
copy is placed below:
This we believe concludes the case in line with the Commissioner's
instruction.
Stuart Edmunds
Freedom of Information Manager for the cluster of NHS Devon, Plymouth and
Torbay
Western Locality
cluster of NHS Devon, NHS Plymouth and NHS Torbay
Building Two
Brest Road
Plymouth
PL6 5QZ
Tel: 01752 435112
Fax: 01752 315321
email: [email address]
Dear Mr Edmunds
Thank you for finally providing this information. It is a shame that it has taken 10 months, and the intervention of the Information Commissioner's Office, for it to be disclosed without redactions for 'commercial sensitivity'.
Yours sincerely,
Paul Jones
Gadawodd Paul Jones anodiad ()
For reference, the Decision Notice issued by the Information Commissioner which forced NHS Wiltshire to release the business case without redactions for 'commercial sensitivity' (which then left Devon/Plymouth with little option but to do so too) is available at http://www.ico.gov.uk/~/media/documents/...
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
Gadawodd joe anodiad ()
You may be interested to know that with regard to this particluar contract progressing it's currently been halted by Unison solicitors who have mounted a legal challenge with regard to SBS bidding for this type of service.