Dear CH

FREEDOM OF INFORMATION ACT - INFORMATION REQUEST

I acknowledge your request for information received on 9 November 2009,
regarding Serious Untoward Incident Report about an incident which
occurred at Brocton House in 2007

Your request is being considered and you will receive the information
requested within the statutory timescale of 20 working days as defined
by the Freedom of Information Act 2000, subject to the information not
being exempt or containing a reference to a third party.

The Act defines a number of exemptions which may prevent release of the
information you have requested. There will be an assessment and if any
of the exemption categories apply then the information will not be
released. You will be informed if this is the case within 20 working
days, along with your rights of appeal.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not
to release the information to you. You will be informed within 20
working days if this is the case.

If you have any queries or concerns then please contact me on telephone
01785 221 404

Regards
Sean Hunter
Assistant Service Relations Manager
Tel: 01785 221 404 ext 5404

Fax: 01785 221 391

This email is confidential and intended solely for the use of the
individual to whom it is addressed. Any views or opinions presented are
solely those of the author and do not necessarily represent those of
South Staffordshire & Shropshire Healthcare NHS Foundation Trust. If you
are not the intended recipient, be advised that you have received this
email in error and that any use, dissemination, forwarding, printing, or
copying of this email is strictly prohibited. If you have received this
email in error please notify the Health Informatics Service Desk by
telephone on 01785 230390.

Please consider the environment before printing this e-mail

show quoted sections

Dear CH

Further to your request for information under the FOI Act, in which you
requested a copy of the Serious Untoward Incident Report into the 2007
in-patient suicide at Brocton House, please find below the Trust's
response:

Unfortunately the Trust is unable to provide you with the information you
requested as the information is exempted from disclosure as explained
below.

1. The report constitutes personal information which is therefore
exempt from disclosure under Section 40(2) of the Freedom of
Information Act 2000.
2. The report also constitutes information which was provided in
confidence, which is therefore exempt from disclosure under Section 41
of the Freedom of Information Act 2000.

If you have any complaint about the handling of your enquiry, please
contact:

Mrs Jackie Boam
Company Secretary
South Staffordshire & Shropshire Healthcare NHS Foundation Trust
Trust Headquarters
St George's Hospital
Corporation Street
Stafford
ST16 3SR

Telephone: 01785 257888; Email: [1][email address]

You also have a right of appeal to the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545 700. Website:
[2]www.informationcommissioner.gov.uk

regards

Sean Hunter
Assistant Service Relations Manager
Tel: 01785 221 404 ext 5404

Fax: 01785 221 391

This email is confidential and intended solely for the use of the
individual to whom it is addressed. Any views or opinions presented are
solely those of the author and do not necessarily represent those of South
Staffordshire & Shropshire Healthcare NHS Foundation Trust. If you are not
the intended recipient, be advised that you have received this email in
error and that any use, dissemination, forwarding, printing, or copying of
this email is strictly prohibited. If you have received this email in
error please notify the Health Informatics Service Desk by telephone on
01785 230390.

P Please consider the environment before printing this e-mail

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. http://www.informationcommissioner.gov.uk/
http://www.informationcommissioner.gov.uk/

Dear CH

I write further to your email asking that the Trust reconsider its
response or undertake an internal review of your request under the FOI
Act.

I have now reviewed your request for information under the FOI Act, please
find attached an action plan drafted following the investigation.
Unfortunately the Trust is still unable to provide you with the report you
requested and as indicated in our previous email to you, the information
is exempted from disclosure as explained below:

1. The report constitutes personal information which is therefore
exempt from disclosure under Section 40(2) of the Freedom of
Information Act 2000.

2. The report also constitutes information which was provided in
confidence, which is therefore exempt from disclosure under Section 41
of the Freedom of Information Act 2000.

3. The report is also exempt from disclosure under Section 30 of the
Freedom of Information Act 2000 as it constitute information which was
obtained as part of an Investigative Function by a Public Authority from
Confidential Sources and the public interest in maintaining the
exemption outweighs the public interest in disclosure.

4. Failure to this, the Trust contends that the report with be exempt
from disclosure under Section 31;

(1) Information which is not exempt information by virtue of section
30 is exempt information if its disclosure under this Act would, or
would be likely to, prejudice-

(g) the exercise by any public authority of its functions for any of
the purposes specified in subsection (2),

(2) The purposes referred to in subsection (1)(g) is-

(a) the purpose of ascertaining whether any person has failed to
comply with the law,

(b) the purpose of ascertaining whether any person is responsible
for any conduct which is improper,

(c) the purpose of ascertaining whether circumstances which would
justify regulatory action in pursuance of any enactment exist or may
arise,

(e) the purpose of ascertaining the cause of an accident,

(j) the purpose of protecting persons other than persons at work
against risk to health or safety arising out of or in connection
with the actions of persons at work."

You have a right of appeal to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700.

Website:[1]www.informationcommissioner.gov.uk

Yours sincerely

Mrs Jackie Boam

Company Secretary

South Staffordshire & Shropshire Healthcare NHS Foundation Trust

Trust Headquarters

St George's Hospital

Corporation Street

Stafford

ST16 3SR

Telephone: 01785 257888;

Email: [2][email address]

This email is confidential and intended solely for the use of the
individual to whom it is addressed. Any views or opinions presented are
solely those of the author and do not necessarily represent those of South
Staffordshire & Shropshire Healthcare NHS Foundation Trust. If you are not
the intended recipient, be advised that you have received this email in
error and that any use, dissemination, forwarding, printing, or copying of
this email is strictly prohibited. If you have received this email in
error please notify the Health Informatics Service Desk by telephone on
01785 230390.

P Please consider the environment before printing this e-mail

References

Visible links
1. http://www.informationcommissioner.gov.uk/
2. BLOCKED::mailto:[email address]
mailto:[email address]
file:///tmp/BLOCKED::BLOCKED::mailto:[email address]