Basis of your complaint and access issues decisions.

The request was refused by NHS England.

Dear NHS England,

This is a Freedom of Information Request.

Please inform me whether or not you hold the information specified below.
If you do hold the requested information please send me a copy.


REQUEST No. 1.
Copy of all recorded information you hold in respect of the following complaint issue (number 5) of the 2016 formal complaint you received about Dicconson Group Practice (DGP), Wigan. In particular I wish to receive a copy of all recorded information on which you based your decision that the; ‘ issue has been dealt with previously under the NHS complaints regulations.,’ this comment was made in your 02 June 2016 dated letter your Complaint Reference; C-062141.

To assist you;
* Issue number 5 of the 2016 formal complaint about DGP began with the following;
‘ 5) DGP (page number 295) state that; ‘We feel we have no choice but to remove this patient but are mindful we need to ensure he has access to primary care services and would value your help and support in this matter.’
* The 2016 formal complaint about DGP was first emailed to you on the 6 March 2016 and your complaint response was in your 02 June 2016 dated letter your Complaint Reference; C-062141

REQUEST No. 2.
Copy of all recorded information you hold on which you based your decision that; ‘ NHS England cannot accept your reasons for not attending medical practices offered to you as reasonable.,’ this comment was made in your 02 June 2016 dated letter your Complaint Reference; C-062141

Please acknowledge this request as recommended by the Information Commissioner.

Yours faithfully,

Mr Adedeji

FOI, England (NHS ENGLAND), NHS England

Dear Mr Adedeji,

 

Thank you for your communication dated 9 January 2017.

 

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.

 

For further information regarding the FOI Act, please refer to the
Information Commissioner’s Office (ICO) website. For further information
regarding NHS England and the information it publishes please visit our
website here.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Mr Adedeji,

 

Re:      Freedom of Information request (Our Ref: FOI-052115)

 

Thank you for your Freedom of Information (FOI) request dated 9 January
2017.

 

Your exact request was:-

 

“This is a Freedom of Information Request.

 

Please inform me whether or not you hold the information specified below.

If you do hold the requested information please send me a copy.

 

REQUEST No. 1.

Copy of all recorded information you hold in respect of the following
complaint issue (number 5) of the 2016 formal complaint you received about
Dicconson Group Practice (DGP), Wigan. In particular I wish to receive a
copy of all recorded information on which you based your decision that
the;  ‘ issue has been dealt with previously under the NHS complaints
regulations.,’  this comment was made in your 02 June 2016 dated letter
your Complaint Reference; C-062141.

 

To assist you;

* Issue number 5 of the 2016 formal complaint about DGP began with the
following; ‘ 5) DGP (page number 295) state that;  ‘We feel we have no
choice but to remove this patient but are mindful we need to ensure he has
access to primary care services and would value your help and support in
this matter.’

* The 2016 formal complaint about DGP was first emailed to you on the 6
March 2016 and your complaint response was in your 02 June 2016 dated
letter your Complaint Reference; C-062141

 

REQUEST No. 2.

Copy of all recorded information you hold on which you based your decision
that;  ‘ NHS England cannot accept your reasons for not attending medical
practices offered to you as reasonable.,’  this comment was made in your
02 June 2016 dated letter your Complaint Reference; C-062141”

NHS England holds information relevant to your request.

 

However, we are withholding this information under Section 40(1) of the
Freedom of Information Act.

 

Please be aware that the FOI Act gives the public a right to access
recorded information held by an authority subject to the Act. However, it
is not to be used to provide personal information of an individual. To do
so would contravene the data protection principle as set out in the Data
Protection Act (DPA). This is because information provided under the FOI
Act is considered a disclosure to the public. To disclose information to
the public which would identify another is not fair and would breach that
person’s (even if it that person is the applicant) data protection.

 

Therefore, any information NHS England holds about you is exempt from
disclosure under the FOI Act by virtue of Section 40(1) (personal data of
the applicant). This is an absolute exemption and we are not therefore
required to assess the public interest test in our refusal to supply any
information which may held.

 

Should you wish to submit a Subject Access Request (SAR) under the Data
Protection Act, in order to request information held by NHS England in
relation to you personally, you can do so by emailing
[1][NHS England request email], and putting “Subject Access Request” or
“SAR” in the subject line. 

 

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review by writing to us, within two
months of the date of this letter, to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [2][NHS England request email]

 

Please quote the reference number FOI-052115 in any future communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [3][email address]  

Website: [4]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [5][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [6][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[email address]
4. http://www.ico.gov.uk/
5. mailto:[NHS England request email]
6. mailto:[NHS England request email]

Dear NHS England,

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

I am writing to request an internal review of NHS England's handling of my FOI request 'Basis of your complaint and access issues decisions.'.

Your handling of my 09/01/17 FOI request ( your ref: FOI-052115.) is contrary to the FOIA and also the Commissioner’s guidance for example you have failed, within 20 working days, to provide me with a:-
*) Copy of of the recorded information you hold fitting the criteria of my FOI that you are obliged to
provide under the FOI Act.
*) Valid/accurate refusal notice.

The reasons you give for not providing me with a copy of the requested information, that you are obliged to provide under the FOI Act, are just not valid.

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

Yours faithfully,

Mr Adedeji

FOI, England (NHS ENGLAND), NHS England

Dear Mr Adedeji,

 

Thank you for email of 13 February 2017. Please see this email as
acknowledgement of your Internal Review request.

 

We endeavour to respond to Internal Reviews within 20 working days.
However, please be aware that on some occasions this has been extended to
40 working days. An officer will be allocated to handle your Internal
Review and will update you accordingly where necessary.

 

If you have any queries about this request or wish to contact us again,
please email [NHS England request email] and the message will be forwarded
appropriately. Please remember to quote the above reference number in any
future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [NHS England request email]

 

‘High quality care for all, now and for future generations’

show quoted sections

FOI, England (NHS ENGLAND), NHS England

Dear Mr Adeji,

 

Re:      Freedom of Information Internal Review outcome

(Our Ref: FOI-052115 IR)

 

Thank you for your Freedom of Information (FOI) Internal Review request
dated 13 February 2015.

 

Your exact request was:-

 

“I am writing to request an internal review of NHS England's handling of
my FOI request 'Basis of  your complaint and access issues decisions.'.

 

Your handling of my 09/01/17 FOI request ( your ref: FOI-052115.) is
contrary to the FOIA and also the Commissioner’s guidance for example you
have failed, within 20 working days, to provide me with a:-

          *) Copy of of the recorded information you hold fitting the
criteria of my FOI that you are obliged to     

               provide under the FOI Act.

           *) Valid/accurate refusal notice.

 

The reasons you give for not providing me with a copy of the requested
information, that you are obliged to provide under the FOI Act, are just
not valid.”

 

 

The FOI Management team have reviewed your request and this letter
provides an outcome of this review.

 

It was noted that your original response was issued within the statutory
guidelines of 20 working days.

 

It has also assessed whether you had received an appropriate response to
your request and also considered the application of the exemption
contained in section 40 of the FOI Act 2000. In doing so, it has again
liaised with the relevant team within NHS England to seek more information
about the response provided to you.

 

As part of our original response, we outlined the reasons for withholding
the information under Section 40(1) of the Act, and provided details as to
how to submit a Subject Access Request (SAR), which regards information
that is held about you/you are the data subject.

 

Submitting a SAR entitles you to information an organisation holds about
you. Although similar to an FOI request, a SAR request is preferred for
seeking personal information.  This is because information provided under
the FOI Act is considered a disclosure to the public at large, meaning
that this personal information could be accessed by anyone who might seek
it. To disclose information to the public which would identify someone is
not considered to be fair, and would breach that person’s rights under the
Data Protection Act (even if it that person is the applicant). It was for
this reason that our response suggested that a SAR may be a preferable
course of action.

 

As indicated in our response of 23 January 2017, if you wish to submit a
SAR, you can do so by contacting us on [1][NHS England request email] and
putting “Subject Access Request” or “SAR” in the subject line.

 

Please also note that under the Act, a response that invokes an exemption
still constitutes a valid response.

 

In line with the above, our original response is upheld.

 

We hope this satisfactorily addresses and explains our handling and
response to your FOI request. However, if you are not content with the
outcome of the internal review, you have the right to apply directly to
the Information Commissioner for a decision. The Information
Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please quote the reference number FOI-052115 IR in any future
communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email] .

   

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org