Dear Sir or Madam,

I have noted that the Independent Investigation Report into the incident that occured at Broadmoor Hospital in 2004 has been completed. The Investigation was commissioned by NHS London and I have three questions relating to this please:

1)When are NHS London going to publish the Broadmoor reports findings?

2)Was the Report commissioned under Health Service Guidelines, if so which HSG was used?

3)Whose responsibility is it to monitor implementation of any recommendations made in the Report?

Thank you, I appreciate your time.
Kind regards

Yours faithfully,

D. Speers

Freedom of Information (NHS London), London Strategic Health Authority

1 Attachment

Dear Ms Speers

Please find attached the response to your FOI request.

Kind regards, Davin

Davin Puttergill
FOI Manager
[email address]
NHS London, Southside, 105 Victoria Street, London SW1E 6QT
Direct Line: 0207 932 2670
Fax: 020 7932 3800
www.london.nhs.uk
------
This e-mail is confidential and privileged. If you are not the intended
recipient, please accept our apologies; please do not disclose, copy or
distribute information in this e-mail or take any action in reliance on
its contents: to do so is strictly prohibited and may be unlawful.
Please read our full email disclaimer. Thank you for your co-operation.
For a full version of the disclaimer please visit NHS London Web Site
------

show quoted sections

Dear Freedom of Information (NHS London),
Many thanks for your response and I am now requesting an internal review which hopefully will answer why a completed report's publication date is being delayed. Can you confirm that the Report has been completed and can you also confirm the reason for the delay in publication.
Youb state "We are unable to share the report prior to
publication." and I reiterate that I am not seeking to share the report but to ascertain the reason why I dont have the potential yet to do so.

Yours sincerely,

D. Speers

D. Speers left an annotation ()

Hi WDTK,
Can anyone tell me if there is a limitation time for public bodies to publish completed investigation reports....I will also ask the Information Commissioner's office but just in case
......many thanks
Dee:o)

Alex Skene left an annotation ()

Hi Dee

The only exemptions that they can rely on are those provided in the FOI Act. Although they've not mentioned it specifically, it looks like they're relying on Section 22, "Information Intended For Future Publication".

According to the MoJ, this requires that "the proposed publication timetable must be reasonable in all the circumstances", and it must be accompanied by a public interest test to see if it is in the public interest to release it under FOI, rather than according to their original timetable. The ICO have also published a guide on Section 22.

- http://foiwiki.com/foiwiki/index.php/Sec...
- http://foiwiki.com/foiwiki/index.php/Pub...
- http://www.ico.gov.uk/upload/documents/l...

A request for internal review is recommended as:
* they've not specified which FOI Act exemption(s) they're relying on
* they've not included a Public Interest Test (if they're relying on the Section 22 exemption)
* they've not provided a timetable for release to determine whether it is reasonable or not.

Cheers
Alex

Dear Sir or Madam,

Reviewing again the detail in my recent request for an internal review into the proposed publication date for the SHA's Investigation Report into failures of care at Broadmoor hospital in 2004, I note something which has confused me...and my apologies if I am misunderstanding something.

It is my understanding that the only exemption you can refer to are those provided in the FOI Act, which as I understand requires an element of assessing reasonableness. To quote Section 22 "Information Intended for Future Publication", which you seem to be using "the proposed publication timetable must be reasonable in all the circumstances"
It appears from your email response you are relying on exemption under Section 22 which also has a requirement that Public Interest Test is included to see if it is in the public interest to release it under FOI rather than your original timetable.

I believe your original timetable must have indicated "of public interest" as the release date was sent to West London Mental Health Trust (WLMHT) 'the managing Trust for Broadmoor' and as reference to the 'completed' Broadmoor Report was to be found on WLMHT web-site, I can only assume that WLMHT also feels the public interest aspect of this is important too as it highlighted the "Broadmoor Reports completion" on their home page ...although reference to the Broadmoor Report was linked, the actual document was unattainable when I tried to access it.

In seeking an Internal Review please clarify:
1) Which part of the FOI Act exemption(s)are you relying on?
2)You have not provided a timetable for release to determine whether it is reasonable or not to delay publication of an obviously important public document, which as previouly stated was publicly referred to as 'completed' on the WLMHT web-site.

It is my understanding that under Section 22 "the proposed publication timetable must be reasonable in all the circumstances" and it must be accompanied by a public interest test to see if it is in the public interest to release it under FOI, rather than according to your original timetable.

Please advise: Under FOI Act, what is the SHA timetable re the Broadmoor Report?

Please let me know if my understanding of SHA procedure is flawed, I am happy to learn more where I can.
Many thanks I appreciate your time.
Yours sincerely,

D. Speers

Ganesh Sittampalam left an annotation ()

The only problem here is that you never actually asked for the report, just for when it would be published. I think you need to make a fresh request explicitly requesting the report to be able to insist on them explaining the s22 exemption.

Dear Sir or Madam,

Further to my recent request for an internal review into the proposed publication of the Broadmoor Report, I have omitted to clarify that I would also like to obtain a copy of the Broadmoor Investigation Report and seek your advice on who I need to contact at NHS London to obtain this please.

My thanks for your time and apologies for any lack of clarity.

Kind Regards
Dee Speers

D. Speers left an annotation ()

Earl Howe (Lord Darzi's opposite) has tabled Parliamentary questions below for written answer:

1)To ask HMG when they commissioned an independent investigation into failures of care which occurred at Broadmoor Hospital during 2004; what specific concerns prompted this investigation; and when the report arising from the investigation will be published.

2)To ask HMG when the report by the Healthcare Commission on standards of patient safety in West London Mental Health Trust will be published.

3)To ask HMG why West London Mental Health Trust were offered Foundation Trust Equivalent status prior to the consideration of a) the report arising from the independent investigation into failures of care at Broadmoor Hospital in 2004; and b) the Healthcare Commission report on standards of patient safety in West London Mental Health Trust.

4)To ask HMG what steps will be taken, and by whom (other than the trust management), to monitor standards of safety and patient care at Broadmoor Hospital in the light of any findings arising from the independent investigation of care at Broadmoor and from the report of the Healthcare Commission on standards of patient safety in West London Mental Health Trust.

The written answers can now be found on 'They Work for You':
http://www.theyworkforyou.com/wrans/?id=...

Its worth noting that the first question remains unanswered and I shall add my version of this to the internal review I have requested from SHA....unless someone out there has a better idea:o/
"To ask HMG when they commissioned an independent investigation into failures of care which occurred at Broadmoor Hospital during 2004; what specific concerns prompted this investigation; and when the report arising from the investigation will be published."

Thanks
Dee:o)

Dear Sir or Madam,
I have requested an internal review of my request to gain access to the SHA Broadmoor Report and following further research, as part of the same request if I can now ask:
1) who commissioned the Broadmoor investigation?
2) what specific concerns prompted this investigaion?

Yours sincerely,

D. Speers

Freedom of Information (NHS London), London Strategic Health Authority

1 Attachment

Dear Ms Speers

Please find attached the response to your FOI request.

Kind regards, Davin

Davin Puttergill
FOI Manager
[email address]
NHS London, Southside, 105 Victoria Street, London SW1E 6QT
Direct Line: 0207 932 2670
Fax: 020 7932 3800
www.london.nhs.uk
------
This e-mail is confidential and privileged. If you are not the intended
recipient, please accept our apologies; please do not disclose, copy or
distribute information in this e-mail or take any action in reliance on
its contents: to do so is strictly prohibited and may be unlawful.
Please read our full email disclaimer. Thank you for your co-operation.
For a full version of the disclaimer please visit NHS London Web Site
------

show quoted sections

D. Speers left an annotation ()

This is appalling and I believe SHA are delaying publication until summer recess. Earl Howe has committed to seeking an answer from the Secretary of State (who is now RT Hon Andy Burnham)
Watch this space!

Freedom of Information (NHS London), London Strategic Health Authority

2 Attachments

Dear Ms Speers

Please find attached a response to your further queries relating to this
request.

Kind regards, Davin

Davin Puttergill
FOI Manager
[email address]
NHS London, Southside, 105 Victoria Street, London SW1E 6QT
Direct Line: 0207 932 2670
Fax: 020 7932 3800
www.london.nhs.uk
------
This e-mail is confidential and privileged. If you are not the intended
recipient, please accept our apologies; please do not disclose, copy or
distribute information in this e-mail or take any action in reliance on
its contents: to do so is strictly prohibited and may be unlawful.
Please read our full email disclaimer. Thank you for your co-operation.
For a full version of the disclaimer please visit NHS London Web Site
------

show quoted sections

Dear Freedom of Information (NHS London),

Thank you for your recent response but I understand under the Freedom of Information Act I should have had a full response by now.

You advise that you are claiming exemption under Section 22 "Information Intended for Future Publication"
Yet according to the Ministry of Justice, this requires that "the proposed publication timetable must be reasonable in all the circumstances" and must be accompanied by a public interest test to see if it is in the public interest to release it under FOI, rather than according to your original timetable.

Please advise: "Is the proposed publication timtable reasonable in all circumstance?"
I have checked this guidance on Section 22, with the Information Commissioner's Office and my concerns now are that, as with Health Service Guidance, the expressed intention is being left it appears, to SHA interpretation.

You state "In our view the public interest favours witholding this information until such time as it is appropriate for this information is published, as planned"

Please advise: What are you baseing your view on? If you are relying on Section 22 exemption can you define what you mean by your statment above please?
Can you please provide evidence of the Public Interest Test?

You state: "The report is still in the final stages of completion" yet from 'SHA Initial Risk Rating of Annual Plan 2009/10" for WLMHT. It appears an Action Plan has already been discussed and agreed between SHA and WLMHT and is currently being implemented.

Please advise: Can I please have a copy of the agreed Action Plan and advice as to how an agreement was reached prior to the report being completed?

Finally, can you please provide a timetable for release so that I, as a member of the public, can determine if it is reasonable on not.

Thank you
Kind Regards
D.Speers

D. Speers left an annotation ()

I have heard from SHA that they have claimed exemption under Section 22 "Information Intended for Future Publication" and also that the "report is in the final stages of completion. But according to the SHA INITIAL RISK RATING OF ANNUAL PLAN 2009/10 for WLMHT an Action Plan has been agreed and implemented .......prior to completion?

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of Information reviews as I believe the law is now being broken under the Freedom of Information Act

I am writing to request an internal review of London Strategic Health Authority's handling of my FOI request 'Broadmoor Report'.

I am concerned that the Action Plan agreed between west London mental Health Trust and SHA as reported in their INITIAL RISK RATING OF ANNUAL PLAN 2009/10 is being implemented prior to the Report's completion, public interest test and subsequent publication.

I am also concerned that under Section 22 criteria a publication timetable should have been released and also evidence of a Public Interest Test provided.
I now require a full, open and transparent response please.

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

Yours sincerely,

D. Speers

D. Speers left an annotation ()

In claiming exemption under S.22 the SHA should adhere to:
United Kingdom FOIA guidelines
•Information that is of "Public Interest", means that it is in the something which serves the interests of the public, not just something that might be interesting!
•The public authority has to decide whether in any particular case it serves the interests of the public better to withhold or to disclose information.

If you look at http://www.wlmht.nhs.uk/about/board/agen... should give you Board Agenda for 9th June 2009.....and item 22 should determine if of public interest ....and " forthcoming PB/RL Inquiry" is the Broadmoor Investigation Report.
Title of Report: SHA Initial Risk Rating of Annual Plan 2009/10
Title of Director: Executive Director of Strategy and Performance

I draw your attention to Item number 3
3. The Risk Rating
In knowing that the risk rating is red with regard to the contents of the two Investigation Reports.....
In the public's interest?
See what you think!

Freedom of Information (NHS London), London Strategic Health Authority

1 Attachment

Dear Ms Speers

Please find attached the response to your request for internal review.

Kind regards, Davin

Davin Puttergill
FOI Manager
[email address]
NHS London, Southside, 105 Victoria Street, London SW1E 6QT
Direct Line: 0207 932 2670
Fax: 020 7932 3800
www.london.nhs.uk
------
This e-mail is confidential and privileged. If you are not the intended
recipient, please accept our apologies; please do not disclose, copy or
distribute information in this e-mail or take any action in reliance on
its contents: to do so is strictly prohibited and may be unlawful.
Please read our full email disclaimer. Thank you for your co-operation.
For a full version of the disclaimer please visit NHS London Web Site
------

show quoted sections

D. Speers left an annotation ()

12 October 2012...Appears Jimmy Savile was given keys to wards, an office and a room at Broadmoor hospital, where he is said to have abused patients with impunity.

Maybe SHA NHS London & Hounslow PCT (as commissioning services) need to enforce their Statutory Performance Management Responsibilities now?

Looking for an EU Authority?

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

AskTheEU.org