Freedom of Information Team
Department of Health and Social Care
39 Victoria Street
London
SW1H 0EU
www.gov.uk/dhsc
Ms Susanne Stevens
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
21 March 2018
Annex A:
DHSC response to initial request dated 19 December 2017
Annex B:
Request for internal review dated 19 December 2017
Annex C:
FOI request dated 20 October 2017
Dear Ms Stevens
FREEDOM OF INFORMATION ACT (FOIA): INTERNAL REVIEW
CASE REFERENCE IR 1107738
You originally wrote to the Department of Health and Social Care (DHSC) on 20 October
2017 requesting information relating to the anti-depressants used in prisons and high
security hospitals.
We responded to you on 19 December (Ref FOI 1107738) explaining that DHSC does not
hold this information. A copy of our response, including the full text of your request is at
Annex A.
You subsequently emailed DHSC on 19 December 2017, which we have taken as a request
for an internal review into the handling of your original request. A copy of your email is at
Annex B.
The purpose of an internal review is to assess how your FOI request was handled in the first
instance and to determine whether the original decision given to you was correct. This is an
independent review as I was not involved in the original decision.
I would like to apologise sincerely for the length of time it has taken to provide you with this
response, which I recognise has fallen short of expectations.
I can also confirm that DHSC received your FOI request of 20 October 2017 (see Annex C).
However, your request was not logged onto the FOI database until 21 November 2017 due
to an administrative error and I would like to apologise for the delay this caused in the
Department’s response.
Upon receiving your request the FOI team contacted the relevant DHSC policy officials, who
advised that DHSC does not hold this information. No searches were carried out in relation
to your request as the policy officials leading in this area knew that the information was not
held.
The reason that DHSC does not hold this information is that it does not relate to matters for
which DHSC is responsible and we therefore have no business need to do so.
The FOIA only covers recorded information that public authorities, in this case DHSC, hold.
DHSC is not required to create information. As we do not have the information you asked
for, we complied with your request by telling you this in writing.
However, in our reply of 19 December 2017 we should have advised you to redirect your
request to NHS England as it may hold the information you have asked for. I am sorry for
this oversight in the Department’s initial handling of your request.
NHS England Health and Justice is responsible for commissioning healthcare for adults
across secure and detained settings, which includes prisons.
Further information is available at:
https://www.england.nhs.uk/commissioning/health-just/
NHS England’s FOI contact details are available at:
https://www.england.nhs.uk/contact-us/foi/
Conclusion After careful consideration I have concluded that the response you received to your FOI
request is partially compliant with the requirements of the FOIA as we did not reply to your
original request within 20 working days.
However, I am satisfied that the response you received on 19 December 2017 was correct.
I hope that you find the additional information provided in this reply helpful.
The review is now complete.
If you are not content with the outcome of this review, you may apply directly to the
Information Commissioner (ICO) for a decision. The ICO can be contacted at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
https://ico.org.uk/concerns/
Yours sincerely
James Shewbridge
Casework Manager
xxxxxxxxxxxxxxxxxxxx@xx.xxx.xxx.xx
Annex A
19 December 2017
Dear Ms Stevens
Freedom of Information Request Reference FOI-1107738
Thank you for your request dated 21 November in which you asked the Department of
Health
(DH):
“Dear Department of Health,
I have sent a FOI request re What anti depressants are used in prisons and
high security hospitals.
I have not received any response from you as required by law. Not even an
acknowledgement of the request made weeks ago . I would ask that you do
reply promptly now to this one
thank you
I did receive the answer to another related reque
Yours faithfully,
susanne stevens”
Your request has been handled under the Freedom of Information Act (FOIA).
The DH does not hold the information you requested.
If you are not satisfied with the handling of your request, you have the right to appeal by
asking for an internal review. This should be submitted within two months of the date of
receipt of the response to your original letter and should be addressed to the address at the
top of this letter, or the email address at the end of this letter.
Please remember to quote the reference number above in any future communications.
If you are not content with the outcome of your internal review, you may complain directly to
the Information Commissioner (ICO) who may decide to investigate your concerns.
Generally, the ICO cannot make a decision unless you have already appealed our original
response, and received our internal review response. The ICO will not usually investigate
concerns where there has been an undue delay in bringing it to their attention. You should
raise your concerns with them within three months of your last meaningful contact with us.
The ICO can be contacted at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
https://ico.org.uk/concerns/
Yours sincerely,
Edward Franklyn
Freedom of Information Officer
xxxxxxxxxxxxxxxxxxxx@xx.xxx.xxx.xx
Annex B
-----Original Message-----
From: susanne stevens
[mailto:xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx] Sent: 19 December 2017 19:39
To: FreedomofInformation
Subject: Re: Freedom of Information request - Can you please let me know which medications are
used as depot injections in prisons and hospitals
Dear Department of Health,
I sent another e mail today and received a quick response today. Please let me know why it has
taken so long - much outside the legal requirement for a response to be given for a FOI As you state
you do not hold the information - please let me know which organisation does hold the information
requested as it would be surprising if the DoH does not know which drugs are used .
Yours faithfully,
susanne stevens
Annex C
-----Original Message-----
From: susanne stevens
[mailto:xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx] Sent: 20 October 2017 12:59
To: FreedomofInformation
Subject: Freedom of Information request - Can you please let me know which medications are used
as depot injections in prisons and hospitals
Dear Department of Health,
Can you please let me know by any name they are used - which drugs are used as depot injections in
hospitals andprisons
Can you please let me knw by any name they are used by - which antidepreassant are used
thankyou
Yours faithfully,
susanne stevens