Serious Untoward Incident investigations

Waiting for an internal review by Oxford Health NHS Foundation Trust of their handling of this request.

Dear Sir/Madam responsible for Freedom of Information,
Under the Freedom of Information Act 2000, please let me know how many Serious Incident investigations/ Serious Untoward Incident investigations have been undertaken relating to nosocomial Covid-19 acquired in the Hospital resulting in death.
Please let me know how many Patient Safety Reviews have been undertaken relating to nosocomial Covid-19 acquired in the Hospital resulting in death.
Please let me know how many Root Cause Analysis investigations have been undertaken relating to nosocomial Covid-19 acquired in the Hospital resulting in death.
Please supply full copies of all reports from Serious Incident Investigations/ Serious Untoward Incident Investigations, Patient Safety Reviews and Root Cause Analysis investigations related to nosocomial Covid-19 acquired in the Hospital resulting in death.
Thank you.
Yours faithfully,
Dwayne Donovan

Foiarfi (RNU) Oxford Health, Oxford Health NHS Foundation Trust

1 Attachment

Dear Dwayne Donovan

 

Thank you for your email requesting information regarding Serious Untoward
Incident investigations.

 

We are treating your correspondence as a request for information under the
Freedom of Information Act 2000.

 

You should normally expect to receive a further reply from us within 20
working days from the day when your request was originally received by
this Department.

 

The Trust will endeavour to process your request.  However, in light of
the national emergency and the Trust prioritising Covid-19 staff time is
at a premium to provide and support clinical services and we may not be
able to provide a timely response.

 

Kind regards

 

Carol Embriaco on behalf of

 

Mark M. Underwood
Head of Information Governance

 

IM&T Department, Oxford Health NHS Foundation Trust

The White Building, Littlemore MHC, 33 Sandford Road, Oxford, OX4 4XN
direct dial: 01865 902554 
email: [1][email address]

 

 

 

 

 

From: Dwayne Donovan <[FOI #777956 email]>
Sent: 28 July 2021 15:31
To: Foiarfi (RNU) Oxford Health <[email address]>
Subject: Freedom of Information request - Serious Untoward Incident
investigations

 

This email originated from outside of Oxford Health. Please consider
carefully when choosing to open attachments, click links or deal with
unexpected or unusual requests.

Dear Sir/Madam responsible for Freedom of Information,
Under the Freedom of Information Act 2000, please let me know how many
Serious Incident investigations/ Serious Untoward Incident investigations
have been undertaken relating to nosocomial Covid-19 acquired in the
Hospital resulting in death.
Please let me know how many Patient Safety Reviews have been undertaken
relating to nosocomial Covid-19 acquired in the Hospital resulting in
death.
Please let me know how many Root Cause Analysis investigations have been
undertaken relating to nosocomial Covid-19 acquired in the Hospital
resulting in death.
Please supply full copies of all reports from Serious Incident
Investigations/ Serious Untoward Incident Investigations, Patient Safety
Reviews and Root Cause Analysis investigations related to nosocomial
Covid-19 acquired in the Hospital resulting in death.
Thank you.
Yours faithfully,
Dwayne Donovan

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[2][FOI #777956 email]

Is [3][Oxford Health NHS Foundation Trust request email] the wrong address for Freedom of
Information requests to Oxford Health NHS Foundation Trust? If so, please
contact us using this form:
[4]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[6]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

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2. mailto:[FOI #777956 email]
3. mailto:[Oxford Health NHS Foundation Trust request email]
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Foiarfi (RNU) Oxford Health, Oxford Health NHS Foundation Trust

1 Attachment

Please find the Trust response attached above.

 

 

regards.  FoIA Team

 

On behalf of:

 

IM&T Services, Oxford Health NHS Foundation Trust, The White Building,
LMHC, Sandford Road, Littlemore, Oxford, OX4 4XN

 

Email: [1][email address]

 

From: Dwayne Donovan <[FOI #777956 email]>
Sent: 28 July 2021 15:31
To: Foiarfi (RNU) Oxford Health <[email address]>
Subject: Freedom of Information request - Serious Untoward Incident
investigations

 

This email originated from outside of Oxford Health. Please consider
carefully when choosing to open attachments, click links or deal with
unexpected or unusual requests.

Dear Sir/Madam responsible for Freedom of Information,
Under the Freedom of Information Act 2000, please let me know how many
Serious Incident investigations/ Serious Untoward Incident investigations
have been undertaken relating to nosocomial Covid-19 acquired in the
Hospital resulting in death.
Please let me know how many Patient Safety Reviews have been undertaken
relating to nosocomial Covid-19 acquired in the Hospital resulting in
death.
Please let me know how many Root Cause Analysis investigations have been
undertaken relating to nosocomial Covid-19 acquired in the Hospital
resulting in death.
Please supply full copies of all reports from Serious Incident
Investigations/ Serious Untoward Incident Investigations, Patient Safety
Reviews and Root Cause Analysis investigations related to nosocomial
Covid-19 acquired in the Hospital resulting in death.
Thank you.
Yours faithfully,
Dwayne Donovan

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[2][FOI #777956 email]

Is [3][Oxford Health NHS Foundation Trust request email] the wrong address for Freedom of
Information requests to Oxford Health NHS Foundation Trust? If so, please
contact us using this form:
[4]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[6]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #777956 email]
3. mailto:[Oxford Health NHS Foundation Trust request email]
4. https://www.whatdotheyknow.com/change_re...
5. https://www.whatdotheyknow.com/help/offi...
6. https://www.whatdotheyknow.com/help/ico-...

Dear Sir/Madam responsible for Freedom of Information,

Thank you for your reply,

I am not requesting the names of anyone appearing in the report, I am requesting full reports, names redacted.

I am requesting an internal review and request again that you supply full copies of all reports from Serious Incident Investigations/ Serious Untoward Incident Investigations, Patient Safety Reviews and Root Cause Analysis investigations related to nosocomial Covid-19 acquired in the Hospital resulting in death.

Section 40(2) exemption of the FoI Act does has been misapplied in this case as, the NHS Serious Incident Framework, states:
"4.4. Final report and action plan"
"Serious incident investigation reports must be shared with key interested bodies including patients, victims and their families. It is recommended that reports are drafted on the basis that they may become public, so issues concerning anonymity and consent for disclosure of personal information are important and should be considered at an early stage in the investigation process.”

If the Serious Incident report(s) must be redacted to remove confidential information such as patient names, that is understandable and correct, but the public does have a right to see the full reports (redactions aside), so please supply them. In this case, although Section 40(2) in and of itself ordinarily is absolute, as the section has been misapplied to the requested content, your argument is not absolute.

In addition, this exemption can only apply to information about people who are living; you cannot use it to protect information about people who have died.

Further, correct refusal under Section 40(2) is an absolute exemption if there is no lawful basis for processing (principle a) but public interest arguments will need to be considered when assessing lawfulness under principle a.

Also, the information has already been disseminated to groups outside the organisation.

With respect to Section 41, this too has been misapplied:
The following two conditions are not satisfied to allow an exemption:
- you received the information from someone else; and
- complying with the request would be a breach of confidence that is actionable
You cannot apply this exemption to information you have generated within your organisation.
Although Section 41 itself is absolute, you will still need to consider the public interest in disclosure, because the law of confidence recognises that a breach of confidence may not be actionable when there is an overriding public interest in disclosure.

Thank you.

Yours faithfully,

Dwayne Donovan