care.data Programme Board minutes and materials

The request was partially successful.

Dear NHS England,

please provide copies of the minutes and materials from the care.data Programme Board in original format.

This should include all meetings held to date in 2014, meeting dates, attendees list, and any documents used at each meeting and/or produced in association, such as addendum and presentations.

Thank you for your time and consideration.

Yours faithfully,
Jen Persson

Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS England

Our reference: SDR- 339659 - Acknowledgement

 

Thank you for your Freedom of Information (FOI) request dated 12 October
2014.

Please be assured that your request is being dealt with under the terms of
the Freedom of Information Act 2000 and will be answered within twenty
working days.

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 reference number
above in any future communications.

Yours faithfully

 

 

NHS England

PO Box 16738 | Redditch | B97 9PT

0300 3 11 22 33

[2][NHS England request email]

[3]www.england.nhs.uk

 

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FOI England (NHS ENGLAND), NHS England

Dear Ms Person,

 

Re:      Freedom of Information request (Our Ref: SDR – 339659)

 

Thank you for your Freedom of Information (FOI) request dated 12 October
2014.

 

Please accept my apologies for the delay in responding in full to your
request. We are still in the process of assessing your request will
provide you with a response as soon as possible.

 

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 quote the reference number SDR 339659 in
any future communications.

 

Please do not reply to this email. It has been sent from a central mailbox
and incoming messages will not be received.     

 

Yours sincerely,

 

 

Chloe Wilkins

Case Officer (Freedom of Information)

Customer Contact Centre

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738 | Redditch | B97 9PT

0300 3 11 22 33

[2][NHS England request email]

[3]www.england.nhs.uk

 

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References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. http://www.england.nhs.uk/

Dear FOI England (NHS ENGLAND),
Your ref: SDR – 339659 - care.data programme board minutes and materials

With reference to my request of October 12th, and your reply of November 7th indicating a delay, may I ask for the release of the materials, now a week overdue?

Or perhaps you can indicate the date you expect to be able to provide the requested information, with a reason for the delay?

Many thanks.
Yours sincerely,
Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Person,

 

Re:      Freedom of Information request (Our Ref: SDR – 339659)

 

Please accept my apologies for the delay in responding in full to your
request. We are still in the process of assessing your request and will
respond as soon as possible.

 

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 quote the reference number SDR 339659- in
any future communications.

 

Please do not reply to this email.  This message has been sent from a
central mailbox and incoming messages will not be received.

 

Yours sincerely

 

Chloe Wilkins

Customer Contact Centre Case Officer

NHS England

 

Tel: 0300 3 11 22 33

Email: [2][NHS England request email]    

Website: [3]www.england.nhs.uk  

 

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

--------------------------------------------------------------------------

 

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Dear FOI England (NHS ENGLAND),
further to your notification of a second delay 10 days ago, (November 14th), please may I ask that NHS England now (Nov 24th) responds with the information requested?

May I also ask respectfully, that you note my request was from October 12th, and under the obligation of the Freedom of Information Act 2000 response was due within 20 days.

It was therefore due for a complete reply from NHS England by no later than November 7th.

Thank you for your time and consideration.
Yours sincerely,
Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Person,

 

Re:      Freedom of Information request (Our Ref: SDR – 339659)

 

Thank you for your Freedom of Information (FOI) request dated 12 October
2014. Please accept my sincere apologies for the delay in responding to
your request.

 

Your exact request was;

 

“please provide copies of the minutes and materials from the care.data
Programme Board in original format.

 

This should include all meetings held to date in 2014, meeting dates,
attendees list, and any documents used at each meeting and/or produced in
association, such as addendum and presentations.”

 

NHS England holds information relevant to your request.

 

However, we are withholding this information under Section 22 of the FOI
Act, which states that public bodies are not obliged to disclose
information that is intended for future publication. The care.data
Programme Board began the process of publishing all minutes and materials
at the meeting of 17 November 2014. Documents will be made available
shortly.

 

Section 22 is a qualified exemption, and we are required to assess as
objectively as possible whether the balance of public interest favours
disclosing or withholding the information.

 

NHS England recognises that there is in general a strong public interest
in information being made as freely available as possible. However,
releasing information intended for publication ahead of its planned
publication date could lead to disruption of the communications plan and
put duplicated or inaccurate information within the public domain. This
would or is likely to be misleading to those viewing the information.

 

For these reasons, we believe withholding the information outweighs the
public interest in releasing the information. Equally, as this information
is to be published soon, we feel that it is best and reasonable to keep to
this timeframe rather than disclose earlier where error or duplication may
occur. On publication, this information will be freely available on the
NHS England website ([1]www.england.nhs.uk) for you to view.

 

I 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 SDR-339659 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].uk  

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. It has been sent from a central mailbox
and incoming messages will not be received.     

 

Yours sincerely,

 

 

Chloe Wilkins

Case Officer (Freedom of Information)

Customer Contact Centre

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738 | Redditch | B97 9PT

0300 3 11 22 33

[5][NHS England request email]

[6]www.england.nhs.uk

 

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

Dear FOI England (NHS ENGLAND),
thank you for your reply.

Please may I ask for the date to which NHS England has made a commitment for future publication, indicated only as 'soon' in the reply.

Please may I also receive the assurance that all the items from my request are included in the future publication plan, and will be released at that same time?

"All meetings held to date in 2014, meeting dates, attendees list, and any documents used at each meeting and/or produced in association, such as addendum and presentations.”

Thank you.
Yours sincerely and Season's Greetings,

Jen Persson

For reference: In your reply of December 18th you stated: "we are withholding this information under Section 22 of the FOI Act, which states that public bodies are not obliged to disclose information that is intended for future publication."...

"Equally, as this information is to be published soon, we feel that it is best and reasonable to keep to this timeframe rather than disclose earlier where error or duplication may occur. "

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

Thank you for your email dated 23 December 2014. We will investigate and will write to you again as soon as possible.

Yours sincerely

Chloe Wilkins
Customer Contact Centre Case Officer
NHS England

Tel: 0300 3 11 22 33
Email: [NHS England request email]
Website: www.england.nhs.uk

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

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Dear FOI England (NHS ENGLAND),

Again, referring to 23rd December and your reply, to my FOI request from October 12th - please may I ask for the date to which NHS England has made a commitment for future publication, indicated only as 'soon' in the reply.

Under Section 22 of the FOI Act the planned date of release must have already been made before the submission of my FOI request i.e. 12th October.

I therefore wish to ask by return, for the planned dates of release.

Please may I also receive the assurance that all the items from my
request are included in the future publication plan, and will be
released at that same time?

"All meetings held to date in 2014, meeting dates, attendees list,
and any documents used at each meeting and/or produced in
association, such as addendum and presentations.”

Thank you,
Jen Persson

For reference: In your reply of December 18th you stated: "we are
withholding this information under Section 22 of the FOI Act, which
states that public bodies are not obliged to disclose information
that is intended for future publication."...

"Equally, as this information is to be published soon, we feel that
it is best and reasonable to keep to this timeframe rather than
disclose earlier where error or duplication may occur. "

Dear NHS England,
I am writing to request an internal review of NHS England's handling of my FOI request 'care.data Programme Board minutes and materials' from October 12th 2014. Today is January 23rd 2015.

The reply of December 18th stated: "we are withholding this information under Section 22 of the FOI Act, which states that public bodies are not obliged to disclose information that is intended for future publication."

It went on: "Equally, as this information is to be published soon, we feel that it is best and reasonable to keep to this timeframe rather than disclose earlier where error or duplication may occur."

It is my understanding of the FOI Act, that the section 22 exemption does not apply if the authority had not made a decision to publish this information prior to the receipt of the request. Therefore to refuse on this basis, the Board must have made their decision to 'publish in future' before getting my FOI request, in this case, before October 12th.

No further exemptions were stated in the original response I received , so there should therefore be no valid FOI reason for any other basis of refusal.

I should like to ask for the materials to be released in full as requested and immediately.

If the decision to publish was made before the FOI was received on October 12th, I would ask to receive a copy of that original dated notice of the decision to publish (however the decision was made, recorded in a meeting minute or via email for example).

Exemption 22 cannot be employed as a delaying tactic.

I believe there should also be a strong case in the Public Interest for release, given transparency of funding, decision making, need for scrutiny, and the importance of "patient first" in the NHS Constitution.

Thank you.

Sincerely,
Jen Persson

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

FOI England (NHS ENGLAND), NHS England

Our reference: SDR 339659: Request for Internal Review

 

Dear Ms Persson,

 

Thank you for your email regarding the response to your Freedom of
Information (FOI) Act request. I have noted your request for an internal
review and we will contact you again soon to update you on the progress of
this.

 

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 directly to this email. This message has been sent
from a central mailbox and incoming messages will not be received.

 

Yours sincerely,

 

Chloe Wilkins

 

Freedom of Information

 

Tel: 0300 3 11 22 33

Email: [2][NHS England request email]

Website: [3]www.commissioningboard.nhs.uk

Address: NHS ENGLAND, PO BOX 16738, REDDITCH, B97 9PT

 

 

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FOI England (NHS ENGLAND), NHS England

Dear Ms Persson

 

Re:      Freedom of Information Internal Review outcome

(Our Ref: SDR-339659 IR)

 

Thank you for your Freedom of Information (FOI) Internal Review request
dated 23 January 2015.

 

Your exact request was:-

 

“Please provide copies of the minutes and materials from the care.data
Programme Board in original format.

 

This should include all meetings held to date in 2014, meeting dates,
attendees list, and any documents used at each meeting and/or produced in
association, such as addendum and presentations.”

 

I can confirm that a Panel has convened to review your request and I have
set out the outcome below.

 

The Panel noted that NHS England did not respond to your FOI request
within the statutory 20 working day timeframe. The Panel considered the
time taken to provide you with a response and found that this was not
appropriate or proportionate. This fell short of our standards and I would
like to offer our sincere apologies for the delay in providing a response
for your FOI request.

 

The Panel assessed whether you had received an appropriate response to
your request and also considered the application of the exemptions
contained in Section 22 (information for future publication).

 

The Panel agreed that NHS England had acted correctly in refusing to
release the information in accordance with the exemption in Section 22.
The Panel confirmed that in the first meeting minutes, and agreed terms of
reference of the group of 24 March 2014, it is clear that there was the
intention that these papers be published. However, the Panel noted the
long delay in these papers being made available and asked that additional
information be provided. A delay occurred in the publication of papers due
to a change of Programme Board membership. Although an intention to
publish had been made in March 2014 this process was delayed as new panel
members were integrated in June 2014. A discussion then took place in
early October 2014 of the information to be provided. The first batch of
papers were therefore not published in as good time as originally planned
and NHS England would like to apologise for the delay in this process and
for any confusion caused.

 

The Panel noted that minutes and other papers from the care.data programme
board had now been published on the internet. This information can be
accessed at the following webpage

 

 

[1]http://www.england.nhs.uk/ourwork/tsd/ad...

 

 

I 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

K9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address].uk  

Website: www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please quote the reference number SDR-339659 in any future communications.

 

Please do not reply directly to this email. This message has been sent
from a central mailbox. To communicate with NHS England regarding FOI,
enquiries or complaints we ask that these are sent directly to the
customer contact details provided above. This is to ensure all
communications are progressed correctly.

   

Yours sincerely,

 

Sean Gregory

Freedom of Information

NHS England

 

 

 

 

 

 

 

 

 

 

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1. http://www.england.nhs.uk/ourwork/tsd/ad...
2. mailto:[email address]

Dear FOI England (NHS ENGLAND),

it appears the link provided gives material from the care.data advisory group, which is not the same as the care.data programme board.

I would be grateful if you can provide the correct link which provides the materials from all the board meetings held in 2014, and all associated materials as requested.

To clarify, as yet I have not been given any materials at all, nor a working link to anything requested, or any dates when materials will be published in future.

I would appreciate clarifications. Thank you.

Yours sincerely,

Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

 

Thank you for your email dated 20 February 2015 regarding your Freedom of
Information request ref: SDR 339659.

 

Many apologies, I will contact the care.data team and ensure that the
correct link for the programme board minutes is passed to you.

 

I will write to you again by 02 March 2015 to provide you with a further
update.

 

I hope this is helpful.

 

Yours sincerely

 

Sean Gregory

Freedom of Information Officer

NHS England

 

Tel: 0300 3 11 22 33

Email: [1][NHS England request email]  

Website: [2]www.england.nhs.uk

 

 

 

 

 

 

 

 

 

 

 

 

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FOI England (NHS ENGLAND), NHS England

Dear Ms Persson

 

Further to my earlier email of 23 February 2015, I can confirm that
minutes and papers from the care.data programme board can be accessed at
the following webpage

 

[1]http://www.england.nhs.uk/ourwork/tsd/ca...

 

 

I can confirm that additional minutes and papers once published will also
be posted on this link.

 

 

Many apologies once again for enclosing an incorrect link in previous
correspondence.

 

 

I hope this is helpful.

 

Yours sincerely

 

Sean Gregory

Freedom of Information Officer

NHS England

 

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FOI England (NHS ENGLAND), NHS England

2 Attachments

Dear Ms Perrson,

 

Re:      NHS England – FOI ICO Complaint

            Your reference:- FS50570344ý

            Our reference:- 339659

 

I am writing further to your ICO Freedom of Information (FOI) complaint to
Information Commissioner’s Office (ICO).

 

NHS England has reviewed its position and is able to provide you with a
further clarified response and information for disclosure.

 

I have attached our response to you, which I hope is helpful in outlining
our position regarding the information held and disclosed or withheld
under specific exemptions within the FOI Act.

 

There is a lot of information to be disclosed to you, as a result, I will
send these in a further 4 emails making 5 emails in total being sent you
from NHS England in relation to this FOI complaint.

 

I hope you receive the information well. However, if there are any
difficulties please let me know and I will ensure we discuss the best
approach in order to provide you this information.

 

I have also copied the ICO into this email and subsequent ones so they are
aware of our contact and information disclosure. As above, I hope this
information is helpful and satisfies your concerns regarding our original
response to your FOI request. However, if you require any further
information or we can provide you with any further assistance please do
not hesitate to contact NHS England on the details below.

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [1][NHS England request email]

 

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1. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

2 Attachments

  • Attachment

    14 05 Pack for Complainant.rar

    1.6M Download

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    14 06 Pack for Complainant.rar

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Dear Ms Perrson,

 

Re:      NHS England – FOI ICO Complaint

            Your reference:- FS50570344ý

            Our reference:- 339659

 

Email 3 of 5.

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [1][NHS England request email]

 

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1. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

2 Attachments

  • Attachment

    14 01 Pack for Complainant.rar

    1.9M Download

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    14 03 Pack for Complainant.rar

    1.3M Download

Dear Ms Perrson,

 

Re:      NHS England – FOI ICO Complaint

            Your reference:- FS50570344ý

            Our reference:- 339659

 

Email 2 of 5.

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [1][NHS England request email]

 

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1. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

2 Attachments

  • Attachment

    14 07 Pack for Complainant.rar

    1.5M Download

  • Attachment

    14 08 Pack for Complainant.rar

    2.1M Download

Dear Ms Perrson,

 

Re:      NHS England – FOI ICO Complaint

            Your reference:- FS50570344ý

            Our reference:- 339659

 

Email 4 of 5.

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [1][NHS England request email]

 

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FOI England (NHS ENGLAND), NHS England

2 Attachments

  • Attachment

    14 09 Pack for Complainant.rar

    1.4M Download

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    14 10 Pack for Complainant.rar

    2.0M Download

Dear Ms Perrson,

 

Re:      NHS England – FOI ICO Complaint

            Your reference:- FS50570344ý

            Our reference:- 339659

 

Email 5 of 5.

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [1][NHS England request email]

 

 

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1. mailto:[NHS England request email]

Dear FOI England (NHS ENGLAND),
with regards my FOI request of October 12th 2014 ref: 339659, I note positively the release of some documents pertaining to the care.data programme board on August 14th 2015, following the ICO Information Notice served to NHS England on 20th July 2015.

Please could I ask for clarification of some details as regards the delivery and your comment, not material content of the response?

1. to check that all the files intended for release have indeed been so, as it would appear, for example, that the agenda provided of the meeting for May 13th 2014, has no corresponding minutes after the meeting?
2. Confirm the planned date for the re-publication you refer to of previously redacted materials
3. Clarify your explanation that some materials have been withheld due to the proposed 'commercial model' for the care.data programme? To be clear, I do not refer to the information regarding commercial procurement, nor am I requesting the party's comments, but an explanation of your statement made in the response so that I can interpret it correctly as I can't see materials that reference this in any minutes that would clarify it. Quote: " A limited amount of information has been withheld on the basis that it was provided on a commercially confidential basis by third parties. It includes frank comments from these parties on the effects of a proposed commercial model for care.data which, if adopted, poses a threat to such a party. Disclosure of this information including the party’s frank view on this issue would leave the party vulnerable to commercial exploitation by competitors."
ref: https://www.whatdotheyknow.com/request/2...

Given the substantial delays in the provision of these materials already, if you are able to let me know by when you will be able to check this and respond, if not very soon, I would much appreciate it.

Thank you for your support.
Sincerely,
Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

Thank you for your email below dated 21 August 2015.

I will ensure these comments are reviewed by the appropriate team and a response sent to you as soon as possible.

I will update you further with regards to this response on Monday 24 August 2015.

Yours sincerely,

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33
Email: [NHS England request email]

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FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

I am writing further to my email below dated 21 August 2015.

We are continuing to review your comments to provide a comprehensive response. We will endeavour to provide you with this response by Friday 28 August 2015.

Yours sincerely,

Freedom of Information
Corporate Communications Team
Patients and Information 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”

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FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

Re:‎ ICO Case Reference Number FS50570344/339659‎
NHS England Freedom of Information – complaint

I am writing in relation to your further correspondence linked to your complaint ‎submitted to the Information Commissioner’s Office (ICO) in reference to your ‎Freedom of Information (FOI) request to NHS England regarding the care.data ‎programme.‎

I will respond to your points individually.‎

‎1‎. To check that all the files intended for release have indeed been so, ‎as it would appear, for example, that the agenda provided of the ‎meeting for May 13th 2014, has no corresponding minutes after the ‎meeting?‎

All of the files intended for release have been checked and are correct. In ‎response to the specific query re: the minutes for Programme Board ‎
on 13 May 2014, no minutes were ever produced as the Programme ‎Board reconstituted in June 2014, therefore no document to release.‎

‎2‎. Confirm the planned date for the re-publication you refer to of ‎previously redacted materials ‎

The re-publication of the previously redacted materials was completed on ‎the same date your response was issued Friday 14 August 2015.‎

‎3‎. Clarify your explanation that some materials have been withheld due ‎to the proposed 'commercial model' for the care.data programme? To ‎be clear, I do not refer to the information regarding commercial ‎procurement, nor am I requesting the party's comments, but an ‎explanation of your statement made in the response so that I can ‎interpret it correctly as I can't see materials that reference this in any ‎minutes that would clarify it. Quote: " A limited amount of information ‎has been withheld on the basis that it was provided on a ‎commercially confidential basis by third parties. It includes frank ‎comments from these parties on the effects of a proposed commercial ‎model for care.data which, if adopted, poses a threat to such a party. ‎Disclosure of this information including the party’s frank view on this ‎issue would leave the party vulnerable to commercial exploitation by ‎competitors." ref: ‎https://www.whatdotheyknow.com/request/2...

This statement is related to redactions in Programme Board Minutes 20131125, ‎page 4 under charging model. The redaction is three lines which refer to ‎information which was received from a representative of a third party separate ‎from NHS England. NHS England sought to confirm from the third party whether ‎this information can be disclosed. However the third party rejected as the line ‎contains a commercial risks to the third party which if disclosed, would leave the ‎third party business vulnerable.‎

We hope this response and information disclosed satisfies the concerns brought ‎forward in your complaint. ‎

Yours sincerely,‎

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

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Dear FOI England (NHS ENGLAND),
regards the meeting which took place on May 13th 2014, I understand from your reply that its minutes may not have been ratified at the June meeting. For the avoidance of doubt can you confirm that there was no minute taker present at the May 13th meeting and that the meeting was not documented in the usual way? And if so, give the reason?

If however NHS England is refusing their release, please state the reason, under what exemption and why it has been left out.

As a reminder my FOI request, of Oct 12 2014 asked for all meeting minutes, this was not specific to status or format, so the May 13th meeting minutes should be included as taken during the meeting:
"please provide copies of the minutes and materials from the care.data Programme Board in original format. This should include all meetings held to date in 2014, meeting dates, attendees list, and any documents used at each meeting and/or produced in association, such as addendum and presentations."

Thank you.
Yours sincerely,
Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Perrson,

Thank you for your reply below dated 28 August 2015.

Your queries will be reviewed and a response provided in due course.

Yours sincerely,

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33
Email: [NHS England request email]

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Dear FOI England (NHS ENGLAND),
Thank you for the files provided to date in response to my request for: "copies of the minutes and materials from the care.data Programme Board in original format. This should include all meetings held to date in 2014, meeting dates, attendees list, and any documents used at each meeting and/or produced in association, such as addendum and presentations."

To I hope close this FOI to complete what is missing but not redacted or withheld, I would be pleased if you would address the following questions:

1. Missing items which are listed in minutes or meetings but are missing from Annexe1 but should be included as "documents used and/or produced in association."

NAMED/NUMBERED PAPERS:
a) May 20140513_03 refers on page 40 to "Annex 1" which is missing "(an excel spreadsheet of stakeholder engagement) reference to latest version 28.04.14"
b) May 20140513_00 mentions the "Paper 05: Data Governance Overview as presented to Advisory Group on April 11th [2014]"
c) July 20140716_06 care.data pathfinder proposal is not listed in Annex 1 of provided/redacted files and is not provided
d) The Ipsos MORI public feedback [...] data that is referenced in both documents: May 20140513_01 and August 20140826_07 has been left out. This should include the raw 'tabbed' feedback results, from the Ipsos MORI public survey as referenced on p3/8 in document March minutes 20140513_01 (What has been provided I appreciate, the web links of generic public feedback in the "you said, we did" ppt or NHS England Open Day but these seem unrelated to the Ipsos MORI survey results carried out on behalf of NHS England referenced in the meeting 20140513_01 about the patient leaflet.
(Two links provided were: http://www.nhsengland-openhouse.public-i... and http://www.england.nhs.uk/wp-content/upl...))
NON-NUMBERED PAPERS:
e) January: the MOU between NHS England and HSCIC: referred to on p3/16 in file 20140128_02
f) June: Meeting minutes from 13 May 2014 are missing and not listed in the Annex for the May meeting which took place
g) October: as referred to in file: 2014-10-15-02 p6/18 "Commercial uses of data document prepared by Wellcome for use in communication"

2.Please check and confirm the following:
a) August 20140714_01 Minutes - stated/labelled from 14 July and NOT redacted - the document provided is from July 16 and HAS been redacted (Section 36) - please can you clarify that this the same, or different documents on 14th and 16th?
b) August 20140826_04 The link provided leads to a paper headed 07 not 04 as used in agenda. Is this the correct file?: http://www.england.nhs.uk/wp-content/upl...

Thank you. I hope these will then complete the missing documentation of the care.data programme board from January 2014 to October 12th, 2014. I appreciate your support in achieving this.

Yours sincerely,
Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

Please accept my apologies for the delay in acknowledging your email below dated 8 September 2015.

Please be assured we are progressing these enquiries and your earlier queries of 28 August 2015. We hope to be in a position to respond to you by 25 September 2015.

Yours sincerely,

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33
Email: [NHS England request email]

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Dear FOI England (NHS ENGLAND),

thanks. I appreciate your acknowledgement.

Jen Persson

FOI England (NHS ENGLAND), NHS England

2 Attachments

Dear Ms Perrson,

I am writing further to your enquiries (dated 28 August and 8 September 2015) with NHS England regarding your Freedom of Information (FOI) request referenced FOI-339659.

Please find our response below.

a) May 20140513_03 refers on page 40 to "Annex 1" which is missing "(an excel spreadsheet of stakeholder engagement) reference to latest version 28.04.14"

After further investigation NHS England note the referral to Annex I within the document, however it can be confirmed this annex was not distributed to Programme Board members and therefore not subject to this FOI request.

b) May 20140513_00 mentions the "Paper 05: Data Governance Overview as presented to Advisory Group on April 11th [2014]"

The document is attached. Apologies this was an oversight in the original response.

c) July 20140716_06 care.data pathfinder proposal is not listed in Annex 1 of provided/redacted files and is not provided
The document was not attached to the original response as the content can be found in the final version at this link http://www.england.nhs.uk/wp-content/upl...

d) The Ipsos MORI public feedback [...] data that is referenced in both documents: May 20140513_01 and August 20140826_07 has been left out. This should include the raw 'tabbed' feedback results, from the Ipsos MORI public survey as referenced on p3/8 in document March minutes 20140513_01 (What has been provided I appreciate, the web links of generic public feedback in the "you said, we did" ppt or NHS England Open Day but these seem unrelated to the Ipsos MORI survey results carried out on behalf of NHS England referenced in the meeting 20140513_01 about the patient leaflet.
(Two links provided were: http://www.nhsengland-openhouse.public-i... and http://www.england.nhs.uk/wp-content/upl...))

Document May 20140513_01 does not contain any reference to Ipsos MORI public feedback and therefore NHS England is not able to provide further guidance relating to this question. Document August 20140826_07 has not been included in the initial response as the content is published in another document (section 21) at this link http://www.england.nhs.uk/wp-content/upl.... In relation to the ‘raw data’ this was not presented to the Programme Board and therefore is not subject to this FOI request.

NON-NUMBERED PAPERS:
e) January: the MOU between NHS England and HSCIC: referred to on p3/16 in file 20140128_02

This document is referred to within the highlight report in January 2014, however it can be confirmed the Memorandum of Understanding (MOU) was not distributed to Programme Board members and therefore not subject to this FOI request.

f) June: Meeting minutes from 13 May 2014 are missing and not listed in the Annex for the May meeting which took place.

Secretariat attended the meeting in May 2014, however after investigating with the member of staff concerned no notes were taken during this meeting. This was due to the content of the meeting changing to thank members for their support and to advise of the dissolution of the board. Letters were subsequently sent to the members (an example attached). He has also confirmed he has no electronic or hand written notes in his possession and therefore no exemption applies as no minutes exist.

g) October: as referred to in file: 2014-10-15-02 p6/18 "Commercial uses of data document prepared by Wellcome for use in communication"
This line is referred to within the October 2014 highlight report under Commissioning Strategy and Policy update, however it can be confirmed the document was not distributed to Programme Board members and therefore not subject to this FOI request.

2.Please check and confirm the following:
a) August 20140714_01 Minutes - stated/labelled from 14 July and NOT redacted - the document provided is from July 16 and HAS been redacted (Section 36) - please can you clarify that this the same, or different documents on 14th and 16th?

Apologies, Annex 1 contains a typo and the date should be 16 July 2014, provided with redaction (Section 36).

b) August 20140826_04 The link provided leads to a paper headed 07 not 04 as used in agenda. Is this the correct file?: http://www.england.nhs.uk/wp-content/upl...

Document referred to (August 20140826_04) has not been included in the initial response as the content is published in another document (section 21) which can be accessed through this link http://www.england.nhs.uk/wp-content/upl...

I hope this information is satisfactory. However, if we can be of further assistance please let us know.

Yours sincerely

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33

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Dear FOI Officer England (NHS ENGLAND),
thank you for your thorough follow up and support of this request, over a considerable period of time.

Yours sincerely,
Jen Persson

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