Your statutory powers

Dr Frank Mortimer made this Rhyddid Gwybodaeth request to NHS Improvement

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan NHS Improvement.

Dear NHS Improvement,

I am writing to request information under the Freedom of Information Act 2000. I would be interested in any information held by your organisation regarding my request. I understand that I do not have to specify particular files or documents and it is the departments responsibility to provide the information I require. If you need further clarification please contact me via this website (or email). I would like to request the following information:

I am aware that NHS Improvement is a brand and does not actually exist as a legal entity. As far as I am aware the legal entities are Monitor and the Trust Development Authority (TDA).

Under the Freedom of Information Act 2000 please provide:

1. From which statutes do these constituent organisations derive powers:
a) Monitor
b) TDA
Please provide a complete list (helpful note for FOI team - you may need consult NHSI Council to get the full list)

2. Please list which powers are possessed and cite from which statute and section they are derrived:
a) Monitor
b) TDA

3. What is the reporting structure between NHSI (Monitor + TDA) and the Government. Please list all channels and any intermediary steps.

I would like the information to be provided by email or on this website in electronic form. If my request is denied in whole or in part I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees. I would be grateful if you could confirm in writing that you have received this request. I look forward to your response within 20 working days as outlined by the statute. Many thanks for your assistance with this request.

Yours faithfully,
Dr Mortimer

Dear NHS Improvement,

Just to clarify that by council I mean NHSI Legal Council. Who will definitely know this information.

Yours faithfully,

Dr Frank Mortimer

Dear NHS Improvement,

Typo clarification NHS Improvement's legal 'counsel' rather than 'council'. Apologies.

Yours faithfully,

Dr Frank Mortimer

1 Atodiad

Dear Dr Mortimer

 

Thank you for your email dated 23 June 2018 which we will be treating as
an enquiry as opposed to a request for information under the Freedom of
Information Act.

 

Monitor’s powers derive from the National Health Service Act 2006 and the
Health and Social Care Act 2012 (some of the provisions of the 2006 and
2012 Acts relating to trust special administration and the imposition of
an additional licence condition under section 111 were amended by the Care
Act 2014). 

 

[1]Care Act 2014

 

Under the 2006 Act Monitor has powers in relation to:

 

o Authorisation of NHS foundation trusts and mergers and acquisitions
(Chapter 5)
o Trust special administration (chapter 5A)

 

[2]National Health Service Act 2006

 

The 2012 Act gives Monitor powers in relation to:

 

o Its functions (Part 3 Chapter 1)
o Competition (Part 3 Chapter 2 and Schedule 10)
o Licensing and enforcement powers (Part 3 Chapter 3 and Schedule 11)
o Pricing (Part 3 Chapter 4)
o Authorisation of NHS foundation trusts and mergers, acquisitions,
separations and dissolutions (Part 4)

 

[3]Health and Social Care Act 2012

 

 

The TDA’s powers derive from the following directions:

 

o National Health Service Trust Development Authority (Establishment and
Constitution) Order 2012 – Establishes the TDA and sets out its
functions

 

[4]http://www.legislation.gov.uk/uksi/2012/...

 

o National Health Service Trust Development Authority Regulations 2012 –
provide for collaboration with Monitor in the exercise of any of its
functions

 

[5]http://www.legislation.gov.uk/uksi/2012/...

 

o The National Health Service Trust Development Authority Directions and
Revocations and the Revocation of the Imperial College Healthcare
National Health Service Trust Directions 2016 – set out TDA’s powers
in relation to improvement in the health service, NHS trust
appointments, directions to NHS trusts about the exercise of their
functions, overseeing, developing and supporting NHS trusts and trust
special administration

 

[6]https://assets.publishing.service.gov.uk...

 

o National Health Service Trust Development Authority (Directions and
Miscellaneous Amendments etc) Regulations 2016 – provides for the
transfer of NHS Commissioning Board’s safety of services functions to
transfer to the TDA

 

[7]http://www.legislation.gov.uk/uksi/2016/...

 

o The National Health Service Trust Development Authority (Healthcare
Safety Investigation Branch) Directions 2016 – direct the TDA to
establish and provide for the operation of a division of the TDA to be
known as the Healthcare Safety Investigation Branch

 

[8]https://assets.publishing.service.gov.uk...

 

 

NHS Improvement has distinctive statutory responsibilities set out in the
Health and Social Care Act 2012 and is legally accountable to Parliament
and, as an arms-length body, the Department of Health and Social Care.

 

The Department of Health and Social Care can ask us for information to
help them respond to parliamentary questions; Health Oral Questions and
Prime Ministers Questions; and for information to help them prepare for
parliamentary debates. The Department also ask us for information to help
respond to correspondence they have received from parliamentarians,
stakeholder groups and members of the public. It is a legal requirement
that we respond to requests of this nature from the Department of Health
and Social Care. 

 

We also work closely with colleagues at the Department of Health and
Social Care who co-ordinate the Government responses to Parliamentary
Select Committee reports. Again, we provide information as to how we will
respond to the Committee’s recommendations that are relevant to our
organisation.

 

As well as providing information as set out above, the leadership of NHS
Improvement attend regular meetings with Government ministers.

 

I hope this provides you with clarification.

 

Kind regards

 

 

Sally Davies | Enquiries, Complaints and Whistleblowing Officer

T: 020 3747 0556
E [9][email address] | W [10]improvement.nhs.uk
Wellington House, 133 – 155 Waterloo Road, London, SE1 8UG

 

NHS Improvement
Follow us on: [11]Twitter | [12]LinkedIn

 

collaboration   |   trust   |   respect   |   innovation   |   courage 
 |   compassion

 

We support providers to give patients safe, high quality, compassionate
care within local health systems that are financially sustainable.

dangos adrannau a ddyfynnir

 

 

References

Visible links
1. http://scanmail.trustwave.com/?c=6600&am...
2. https://scanmail.trustwave.com/?c=6600&a...
3. http://scanmail.trustwave.com/?c=6600&am...
4. http://scanmail.trustwave.com/?c=6600&am...
5. http://scanmail.trustwave.com/?c=6600&am...
6. https://scanmail.trustwave.com/?c=6600&a...
7. http://scanmail.trustwave.com/?c=6600&am...
8. https://scanmail.trustwave.com/?c=6600&a...
9. mailto:[email address]
10. https://improvement.nhs.uk/
11. https://twitter.com/NHSImprovement
12. https://www.linkedin.com/company/nhs-imp...

Dr Frank Mortimer

Dear NHS Improvement,

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

I am writing to request an internal review of NHS Improvement's handling of my FOI request 'Your statutory powers'.

Many thanks for your response, I note that you have not handled this as a Freedom of Information Act request, as actually requested, but rather as a mere enquiry - which does not have the full statutory powers to compel disclosure from NHS Improvement as a full Freedom of Information Act request. Could my original questions please be answered from the data you hold under the Freedom of information Act please. Whilst the enquiry response was definitely helpful I need to be clear this is a Freedom of Information Act Request. Please handle it under the act.

-----FURTHER FOI ------
Under the freedom of information act, and the freedom of information act 2000 please additionally disclose:

1) please disclose as much documentation as you hold, or can reasonably obtain within the statuary time limit, held by NHS Improvement setting out your powers and their scope. NHS Improvements Counsel Kate

Could you please specifically disclose any documentation you hold on:
2) What competition powers you have precisely and their limits, extent, and statutory underpinning.
3) What pricing powers you have precisely and their limit, extent, and statutory underpinning.
4) Documents where you considered actions relating to competition or pricing powers but were unable to pursue them as the actions would have been outwith your statutory powers/ultra vires.

Many thanks for your help with this and the useful information provided, but I will feel more confident

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

Yours faithfully,

Dr Frank Mortimer

FOI (NHS IMPROVEMENT - T1520), NHS Improvement

Dear Dr Mortimer,

 

Receipt of your request for information by email dated 5 August 2018 is
acknowledged.

 

NHS Improvement will respond promptly to your request within 20 working
days following the date of receipt, so by 3 September 2018.

 

Yours sincerely,

 

NHS Improvement

 

Follow us on: [1]Twitter | [2]LinkedIn

 

NHS Improvement is responsible for overseeing foundation trusts, NHS
trusts and independent providers. We offer the support these providers
need to give patients consistently safe, high quality, compassionate care
within local health systems that are financially sustainable. By holding
providers to account and, where necessary, intervening, we help the NHS to
meet its short-term challenges and secure its future.

 

NHS Improvement is the operational name for the organisation that brings
together Monitor, NHS Trust Development Authority, Patient Safety, the
National Reporting and Learning System, the Advancing Change team and the
Intensive Support Teams.

dangos adrannau a ddyfynnir

 

 

 

 

dangos adrannau a ddyfynnir

FOI (NHS IMPROVEMENT - T1520), NHS Improvement

1 Atodiad

Dear Dr Mortimer,

 

Please see the attached decision letter dated 31 August 2018.

 

Yours sincerely

 

NHS Improvement

T 0203 747 0000
W [1]improvement.nhs.uk
Wellington House, 133-155 Waterloo Road, London SE1 8UG

 

Follow us on: [2]Twitter | [3]LinkedIn

 

NHS Improvement is responsible for overseeing foundation trusts, NHS
trusts and independent providers. We offer the support these providers
need to give patients consistently safe, high quality, compassionate care
within local health systems that are financially sustainable. By holding
providers to account and, where necessary, intervening, we help the NHS to
meet its short-term challenges and secure its future.

 

NHS Improvement is the operational name for the organisation that brings
together Monitor, NHS Trust Development Authority, Patient Safety, the
National Reporting and Learning System, the Advancing Change team and the
Intensive Support Teams.

dangos adrannau a ddyfynnir

 

 

 

 

dangos adrannau a ddyfynnir