Our ref: FOI1327
Date: 8 July 2016
Freedom of Information
023 8087 4662
Dear Mr Bell
Request for information dated 30 June 2016
I am writing further to your request for information dated 30 June 2016 concerning the Board Capability
I can confirm that your request has been handled under the Freedom of Information Act 2000.
Having checked our records, I can confirm that the Trust does not hold the information you requested.
The reasons are as follows;
The Trust does not yet hold a copy of the information you have requested. By way of advice and assistance,
the Trust’s press statement made clear that Mr Smart has “initiated
an independent Board Capability Review”
Although, as set out in the Trust’s press statement, the initial conclusions in respect of the board as a whole,
and in respect of some board members, have been shared with the Trust Chair by the external company
conducting this review, the substantive report for the entire Board is not yet in the Trust's possession.
The information that the Trust holds so far is exempt under s 40(2) FOIA.
Section 40(2) FOIA exempts information where it would contravene the Data Protection Principles (set in the
Data Protection Act 1998) to disclose it.
The Trust considers it would not be fair to the individuals concerned for incomplete information about them to
be released at this time, and in particular prior to the detailed conclusions being shared with the Trust and the
Trust’s final response to these conclusions made.
Disclosure would therefore contravene the First, Third and Fourth data protection principles.
Section 40(2) is an ‘absolute’ exemption which does not require the Trust to go on to consider the public
interest test in applying this exemption.
Whilst you are free to make the request again at a later date when the report in its entirety is in our
possession, I would like to advise you that it is likely that aspects of the Review will remain exempt from
disclosure “to the world” under the Freedom of Information Act, given:
(1) the personal nature of the information that is likely to be included in the final Report, and
(2) the importance of ensuring that the report can be considered by the Trust and any actions taken
where necessary, without such actions being compromised by premature publication of the Report to the
world at large under FOIA.
I trust you understand our response and are happy the way in which your request for information has been
If, however you are dissatisfied with the way your request for information has been handled, you can request a
review by writing to: Head of Legal and Insurance Services, Southern Health NHS Foundation Trust, Tatchbury Mount, Calmore,
Southampton, Hampshire, SO40 2RZ
If you remain dissatisfied with the handling of your request, you have a right to appeal to the
Information Commissioner at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
(Telephone: 0303 123 1113 / Website: www.ico.gov.uk)
There is no charge for making an appeal.
Yours sincerely, Amanda Kimber
Freedom of Information Officer
Trust Headquarters, Sterne 7, Sterne Road, Tatchbury Mount, Calmore, Southampton SO40 2RZ