care.data Programme Board minutes and materials 2015

The request was partially successful.

Dear NHS England,

1. please provide copies of the unpublished minutes and materials from the care.data Programme Board in original format. (to the end of October 2015 not yet on http://www.england.nhs.uk/ourwork/tsd/ca....

This should include all meetings held to date in 2015, meeting dates, attendees list, and any documents used at each meeting and/or produced in association, such as addendum and presentations.

If these materials are to be published on the website, please confirm the planned date.

2. With reference to the 2014 papers which were published on August 14, 2015 in response to the Freedom of Information request SDR- 339659 https://www.whatdotheyknow.com/request/c... , please can you confirm if and when they will also be made available on the care.data Programme Board webpage. This would be in line with transparency and TOR published policies, and to maximise public benefit. (Simply: yes with a date, or no.)

3. With reference to the January 14, 2015 decision: 'Proposal on Transparency and Publication of care.data papers’ http://www.england.nhs.uk/wp-content/upl...

"TK noted that this document aims to define the separation of the Programme Board meeting into two (2) sessions. The first session will be the main session and the supporting agenda, papers and minutes of this session will be made available on the care.data Programme website. The second session will be a private session where items that are commercial in confidence will be discussed and the supporting agenda, papers and minutes of this session will not be made available on the care.data Programme website."

I note that to date in all the 2013-2015 published papers from all care.data programme board meetings only one redaction has ever been made on the basis of commercial confidence (section 43 exemption).

I therefore request any written exchange before or after the Jan 14 2015 meeting between any of the named individuals in the meeting, file p1 http://www.england.nhs.uk/wp-content/upl... and/or Mr. Simon Stevens and/or Mr. Bastable or other third party, regards this topic of separation of the Programme Board meeting into two sessions. This may include why, what the two parts would include or exclude, how the decision on content will be taken, and by whom. This is to understand for example but not exclusively, if there will be any indication at all in the main meeting agenda whether a part two of any meetings take place, and if so, its high level contents, or whether the second part of meetings may occur without any record at all, and their contents ("the supporting agenda, papers and minutes of this session") opaque.

Thank you for your time and consideration.

Yours faithfully,
Jen Persson

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

Thank you for contacting the NHS England Customer Contact Centre. Our
office is currently closed.  Our opening hours are:

 

Monday - Tuesday:  8am to 6pm

Wednesday:  9.30 am to 6pm

Thursday - Friday:  8am to 6pm

 

We are closed at weekends and on bank holidays.

 

When we reopen, we will look into your enquiry and get back to you as soon
as possible.

If you require medical advice please contact your GP, your local NHS Walk
In or Urgent Care Centre or call 111. For emergency medical attention,
please dial 999 or attend your local accident and emergency department if
you are able to do so.

There is also a wide range of helpful information available on the [1]NHS
Choices website

This is an automated message; please do not reply as your e-mail will not
be looked at.

show quoted sections

References

Visible links
1. NHS Choices website
http://www.nhs.uk/

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

 

Thank you for your Freedom of Information (FOI) request, dated 12 October
2015.

 

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 [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, [1][NHS England request email] .

 

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]  

 

 

show quoted sections

References

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

FOI England (NHS ENGLAND), NHS England

 

Dear Ms Persson,

 

Re:      Freedom of Information request (Our Ref: FOI-008659)

 

Thank you for your Freedom of Information (FOI) request dated 12 October
2015.

 

Your exact request was:-

 

“1. please provide copies of the unpublished minutes and materials from
the care.data Programme Board in original format. (to the end of October
2015 not yet on
[1]http://www.england.nhs.uk/ourwork/tsd/ca....

 

This should include all meetings held to date in 2015, meeting dates,
attendees list, and any documents used at each meeting and/or produced in
association, such as addendum and presentations.

 

If these materials are to be published on the website, please confirm the
planned date.

 

2. With reference to the 2014 papers which were published on August 14,
2015 in response to the Freedom of Information request SDR- 339659
[2]https://www.whatdotheyknow.com/request/c...
, please can you confirm if and when they will also be made available on
the care.data Programme Board webpage. This would be in line with
transparency and TOR published policies, and to maximise public benefit.
(Simply: yes with a date, or no.)

 

3. With reference to the January 14, 2015 decision: 'Proposal on
Transparency and Publication of care.data papers’
[3]http://www.england.nhs.uk/wp-content/upl...

 

"TK noted that this document aims to define the separation of the
Programme Board meeting into two (2) sessions. The first session  will be
the main session and the supporting agenda,  papers and minutes of this
session will be made available on the care.data Programme website. The 
second  session  will  be  a  private  session  where  items  that  are 
commercial in  confidence will  be  discussed  and  the  supporting 
agenda,  papers  and  minutes  of  this  session  will  not  be made
available on the care.data Programme website."

 

I note that to date in all the 2013-2015 published papers from all
care.data programme board meetings only one redaction has ever been made
on the basis of commercial confidence (section 43 exemption).

 

I therefore request any written exchange before or after the Jan 14 2015
meeting between any of the named individuals in the meeting, file p1
[4]http://www.england.nhs.uk/wp-content/upl...
and/or Mr. Simon Stevens and/or Mr. Bastable or other third party, regards
this topic of separation of the Programme Board meeting into two sessions.
This may include why, what the two parts would include or exclude, how the
decision on content will be taken, and by whom.  This is to understand for
example but not exclusively, if there will be any indication at all in the
main meeting agenda whether a part two of any meetings take place, and if
so, its high level contents, or whether the second part of meetings may
occur without any record at all, and their contents ("the  supporting 
agenda,  papers  and  minutes  of  this  session") opaque.  ”

 

NHS England may hold this information.

 

However, to respond to your request as it is currently framed would exceed
the cost limit as set out in section 12(1) of the FOI Act. Section 12(1)
states that a public authority can refuse a request if complying with it
would exceed the appropriate limit of £450 (which represents 18 hours). 
This represents the estimated cost of one person spending this time in
determining whether the information is held, and locating, retrieving and
extracting the information. We have outlined reasoning for invoking
section 12(1) below.

 

To locate and retrieve the information you have requested in relation to
question three would require NHS England to review the correspondence of
all meeting attendees (of which there are more than 15 and a mixture of
internal and external staff). We would need to check their communications
with Mr Simon Stevens and Mr Bastable or a third party to review where the
term Programme Board has been communicated across a period of 10 months.

 

While a computer search for “programme board” could be conducted, this
would return a vast number of results which would need to be manually
reviewed in order to establish whether they are truly relevant to the
request. The term “programme board” is broad and not specific to the
subject of your request. It is therefore very likely that communications
which contain the key phrase “programme board” would appear in search
results, but would actually relate to a wide range of work streams, not
relevant to your request. Additionally, staff will receive messages
internally from the organisation regarding its programmes of work where
the term “programme board” and variations of it will be used.

 

Further to this, it is not guaranteed that all correspondence relevant to
your request would include the key phrase “programme board” – and as such
further manual searches would need to be conducted in order to ensure all
relevant material was provided to you.

 

As a result, we estimate that to respond to question three would take in
excess of 18 hours to complete and therefore engages section 12(1) of the
FOI Act.  

 

Section 12(1) is an absolute exemption therefore we are not required to
assess the public interest test in its application.

 

However, if you were to refine question three of your request to within
more specific margins, for example; communications between Tim Kelsey
(including his office) and Simon Stevens (including his office) and Mr
Bastable only, with a specified string search of “care.data programme
board” through the month of January 2015 only; we may be able to continue
processing your request. Please note we cannot guarantee that section
12(1) or any other exemptions will not apply to any information requested.

 

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: [5][NHS England request email]

 

Please quote the reference number FOI-008659 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: [6][email address]  

Website: [7]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, [8][NHS England request email].

 

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: [9][NHS England request email]

show quoted sections

References

Visible links
1. http://www.england.nhs.uk/ourwork/tsd/ca...
2. https://www.whatdotheyknow.com/request/c...
3. http://www.england.nhs.uk/wp-content/upl...
4. http://www.england.nhs.uk/wp-content/upl...
5. mailto:[NHS England request email]
6. mailto:[email address]
7. http://www.ico.gov.uk/
8. mailto:[NHS England request email]
9. mailto:[NHS England request email]

Dear FOI England (NHS ENGLAND),

thank you for your clarification. I therefore accept your recommendation, and ask that you narrow the request in question 3 to communications of Mr Kelsey and/or Mr Stevens and/or Mr Bastable (and their respective offices), with a specified string search of “care.data programme board” through the month of January 2015 only; so that you are able to continue processing the request.

This is to understand for example but not exclusively, if there will be any indication recorded in the main meeting agenda whether a part two of any meetings take place, and if so, its high level contents, or whether the second part of meetings may occur without any record at all, and their contents ("the supporting agenda, papers and minutes of this session") opaque.”

Thank you for your support.
Sincerely,

Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

 

Thank you for your clarified Freedom of Information (FOI) request, dated
18 November 2015. Please note that your case reference is now FOI-009004.

 

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 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

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

 

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 Ms Persson,

 

Re:      Freedom of Information request (Our Ref: FOI-009004)

 

Thank you for your Freedom of Information (FOI) request dated 18 November
2015. Please note that we have considered your request in conjunction with
your original request dated 12 October 2015.

 

As such, we have interpreted your request as follows:-

 

“1. please provide copies of the unpublished minutes and materials from
the care.data Programme Board in original format. (to the end of October
2015 not yet on
[1]http://www.england.nhs.uk/ourwork/tsd/ca....

 

This should include all meetings held to date in 2015, meeting dates,
attendees list, and any documents used at each meeting and/or produced in
association, such as addendum and presentations.

 

If these materials are to be published on the website, please confirm the
planned date.

 

2. With reference to the 2014 papers which were published on August 14,
2015 in response to the Freedom of Information request SDR- 339659
[2]https://www.whatdotheyknow.com/request/c...
, please can you confirm if and when they will also be made available on
the care.data Programme Board webpage. This would be in line with
transparency and TOR published policies, and to maximise public benefit.
(Simply: yes with a date, or no.)

 

3. communications of Mr Kelsey and/or Mr Stevens and/or Mr Bastable (and
their respective offices), with a specified string search of “care.data
programme board” through the month of January 2015 only;

 

This is to understand for example but not exclusively, if there will be
any indication recorded in the main meeting agenda whether a part two of
any meetings take place, and if so, its high level contents, or whether
the second part of meetings may occur without any record at all, and their
contents ("the supporting agenda, papers and minutes of this session")
opaque.”

 

NHS England holds some information relevant to your request. For your
convenience we have responded to each of your questions in turn below.

 

Question 1. Please provide copies of the unpublished minutes and materials
from the care.data Programme Board in original format. (to the end of
October 2015 not yet on
[3]http://www.england.nhs.uk/ourwork/tsd/ca....

 

NHS England holds information in relation to this element of your request.
However, we consider that this information is exempt under section 21
(publically available) of the FOI Act.

 

This information is available either on our website publically or via the
‘WhatDoTheyKnow’ website. A website formulated for the purposes of
submitting FOI requests and publishing information held and disclosed by
public authorities under those requests.

 

As a result we will instead refer you to the published sources.

 

Information for January 2014 to May 2014 can be found on the
‘WhatDoTheyKnow’ website via the link below. Please refer to the emails
from NHS England dated 14 August 2015, labelled “2 of 5” for files “1401”
and “1403. Also email “3 of 5” for files “1405”.

 

o [4]https://www.whatdotheyknow.com/request/c...

 

Information for June 2014 to August 2015 and also September 2015 to
October 2015 is available on our website here:-

 

o [5]https://www.england.nhs.uk/ourwork/tsd/c...

 

Question 2. With reference to the 2014 papers which were published on
August 14, 2015 in response to the Freedom of Information request SDR-
339659
[6]https://www.whatdotheyknow.com/request/c...
, please can you confirm if and when they will also be made available on
the care.data Programme Board webpage. This would be in line with
transparency and TOR published policies, and to maximise public benefit.
(Simply: yes with a date, or no.)

 

The information from January to May 2014 will not be published on our
website within the care.data programme webpage as the Programme Board was
disbanded in May 2014 and reconstituted in its current form in June 2014.

 

3. Communications of Mr Kelsey and/or Mr Stevens and/or Mr Bastable (and
their respective offices), with a specified string search of “care.data
programme board” through the month of January 2015 only;

 

NHS England has reviewed this element of your request. Our interpretation
is that you are looking to obtain recorded information which evidences
whether there is a record of how the decision to split the main and
private sessions was made.

 

We consider that there will be little recorded correspondence in the
inboxes you have requested; predominantly because the decision to split
the meeting was made by the Programme Board members, not Mr Stevens or Mr
Bastable. Therefore, we have not yet undertaken a full search. This is
because we hope the below explanation will provide you with sufficient
information and assurance of the decisions made.

 

The decision to split the Programme Board into two sessions was made by
members during the January 2015 meeting. The record of this conversation
is already available in the minutes on the NHS England website. Once the
papers have been approved by the Programme Board members they then go into
the main session and are subsequently published. This is also shown in the
transparency document flow chart which is again already published on the
NHS England website. We can confirm secretariat is provided at both Board
meetings and minutes are recorded.

 

•             
[7]https://www.england.nhs.uk/ourwork/tsd/c...

 

We hope this information is sufficient. However, if not NHS England will
progress this part of your request but please be aware we cannot guarantee
section 12 will not be applicable again. Whilst we do not think any
information will be held in two of the inboxes we will still be required
to search and review all search results. This is also in the knowledge
that this search term is across each of the individual’s inboxes and their
office staff which will increase search results and information needing
review, which may in turn be unrelated. Alternatively, if you still wish
for a review but are willing to refine your request further, please may we
suggest you only ask we look at Mr Kelsey’s inbox. This is because it is
more likely to fall outside of section 12 of the FOI Act. However, as
highlighted earlier we cannot guarantee this until the request is formally
progressed.

 

Copyright: - NHS England operates under the terms of the open government
licence. Please see the NHS England Terms and conditions on the following
link [8]http://www.england.nhs.uk/terms-and-cond...

 

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: [9][NHS England request email]

 

Please quote the reference number FOI-009004 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: [10][email address]  

Website: [11]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, [12][NHS England request email].

 

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: [13][NHS England request email]

 

 

show quoted sections

References

Visible links
1. http://www.england.nhs.uk/ourwork/tsd/ca...
2. https://www.whatdotheyknow.com/request/c...
3. http://www.england.nhs.uk/ourwork/tsd/ca...
4. https://www.whatdotheyknow.com/request/c...
5. https://www.england.nhs.uk/ourwork/tsd/c...
6. https://www.whatdotheyknow.com/request/c...
7. https://www.england.nhs.uk/ourwork/tsd/c...
8. http://www.england.nhs.uk/terms-and-cond...
9. mailto:[NHS England request email]
10. mailto:[email address]
11. http://www.ico.gov.uk/
12. mailto:[NHS England request email]
13. mailto:[NHS England request email]

Dear FOI England (NHS ENGLAND),
I ask you to review the response, ask for no new information, so please do not delay with another 20 days. My request was made two months ago on October 12th 2015.

Given the ICO Information Notice issued to NHS England in 2015 following the refusal and delay on appeal to publish similar care.data programme board papers in 2014 (your reference: SDR- 339659), I suggest it is strongly in the public interest to quickly and simply publish the requested information: how this decision was made.

For clarity I summarise your response to date:

Q1. Closed: the release of unpublished 2015 meeting minutes. From your reply I understand the answer is, all 2015 papers are now on the website: https://www.england.nhs.uk/ourwork/tsd/c...

Q2. Closed: The previously requested 2014 board papers currently missing from the NHS England website and published only on 'whatdotheyknow.com' will not be published on the care.data programme website. This means a swathe of 2013-4 materials are being deliberately omitted from the publicly documented record of the care.data programme.

Q3. Unanswered: I followed your guidance given on November 9th to restrict the question to make this answer quick and easy to find, requesting the written evidence of the decision made, to answer the question: how will the public know if part of a care.data programme board meeting is held in secret, if "the supporting agenda, papers and minutes of this session" are not published?

It is in the public interest to know if the agenda of the main meeting will record a private 'part two' was held at all or if the main session agenda won't show whether or not a 'part two' took place.

Why your response does not meet the request:
None of the information you provide answers this. The January 2015 minutes you point me to (published in February 2015) from which I provided you the quote about the decision, in my request, "TK noted that this document aims to define the separation of the Programme Board meeting into two (2) sessions," does not provide any new information, so this is unfortunately not helpful.

The flow diagram (see page 3/4) you refer to in that same file expressly only mentions the MAIN session minutes being presented for approval, not minutes from what would be the second, secret session: https://www.england.nhs.uk/wp-content/up.... If 4/4 refers to those second session papers although this is unclear, that flow chart contains the possible outcome 'decision not to publish'. That means, your response may not always be true: "Once the papers have been approved by the Programme Board members they then go into the main session and are subsequently published."

Please meet the original request:
I therefore repeat my request, to receive the written evidence of how this decision to split meetings was made and approved before its communication at the January 2015 board meeting.

I did not specify 'email' in my original request, (your proposed response did) but I requested any written exchange before or after the Jan 14 2015 meeting between any of the named individuals in the meeting, file p1 http://www.england.nhs.uk/wp-content/upl... and/or Mr. Simon Stevens and/or Mr. Bastable or other third party, regards this topic of separation of the Programme Board meeting into two sessions.

Your proposal how you would go about this, suggested looking in email for this would be difficult, so may I suggest instead of a time consuming email search, it should be a simple verbal question to ask of the SRO and that he can direct you to those written statements? Whether that is in an email between any one or more of the parties previously asked about, or otherwise.

Please simply ask 'TK' to provide the written communication about this decision and that documentation of the decision process in writing, regardless of who was involved in its approval and retrieve and provide that written record, between any parties, in whatever form it takes. This should not be a difficult or lengthy question to answer. The obligations under FOI Act 2000 section 10 only permits extension for clarification which in this case is not necessary to apply, and an extension beyond an additional 20 working days "should be exceptional", so I ask you to comply with the legal obligations to respond properly and promptly to meet the request from October 12, 2015.

Further this is in line with the apparently recommended use of FOI according to Mr. Grayling who most recently said it should be used by "those who want to understand why and how Government is taking decisions". (Ref: http://www.pressgazette.co.uk/minister-c...

Thank you for your consideration.
Sincerely,
Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

Thank you for your email dated 15 December 2015 with regard to your Freedom of Information request reference FOI-009004.

NHS England are considering your comments and will respond as soon as possible.

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

show quoted sections

Dear FOI England (NHS ENGLAND),
I would like to ask for a progress update on your response of December 15th , 2015.

Since my request of October 12th, 2015, 68 working days have passed.

At your request, I followed your guidance given on November 9th to restrict the question to make this answer quick and easy to find, asking for the written evidence of the decision made, to hold part of a care.data programme board meeting in secret and not publish "the supporting agenda, papers and minutes of this session".

I look forward to your response.
Sincerely,
Jen Persson

FOI England (NHS ENGLAND), NHS England

Dear Ms Persson,

 

Thank you for your email dated 17 January 2016 with regard to your Freedom
of Information (FOI) request reference FOI-009004.

 

Please be assured that NHS England continues to process 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 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]

 

 

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

1 Attachment

Dear Ms Persson,

 

Re:      Freedom of Information request (Our Ref: FOI-009004)

 

We are writing regarding your Freedom of Information request reference
FOI-009004, and your email of 15 December 2015. Please accept our
apologies for the delay in responding to you.

 

We are sorry that our response dated 14 December 2015 was not to your
satisfaction. In particular you have raised concerns regarding NHS
England’s response to question three of your request:-

 

“3. communications of Mr Kelsey and/or Mr Stevens and/or Mr Bastable (and
their respective offices), with a specified string search of “care.data
programme board” through the month of January 2015 only;

 

This is to understand for example but not exclusively, if there will be
any indication recorded in the main meeting agenda whether a part two of
any meetings take place, and if so, its high level contents, or whether
the second part of meetings may occur without any record at all, and their
contents ("the supporting agenda, papers and minutes of this session")
opaque.”

 

Your email of 15 December 2015 read:

 

“Q3. Unanswered: I followed your guidance given on November 9th to     
restrict the question to make this answer quick and easy to find,
requesting the written evidence of the decision made, to answer the
question: how will the public know if part of a care.data programme board
meeting is held in secret, if "the supporting agenda, papers and minutes
of this session" are not published? 

 

It is in the public interest to know if the agenda of the main meeting
will record a private 'part two' was held at all or if the main session
agenda won't show whether or not a 'part two' took place.”

    

NHS England has now reviewed emails sent and/or received by Mr Kelsey; Mr
Stevens and Mr Bastable.

 

There are no emails sent or received by Mr Stevens or Mr Bastable relevant
to your request. A search of Mr Kelsey’s emails, and the emails of his
private office returned three results. Please find this information
attached to this email as a PDF document.

 

Please note that some of this information has been redacted under section
40(2) (personal information) of the FOI Act, as the information
constitutes third party data. Section 40(2) provides that personal data
about third parties is exempt information if one of the conditions set out
in section 40(3) is satisfied. Under the FOI Act disclosure of this
information would breach the fair processing principle contained in the
Data Protection Act (DPA), where it would be unfair to that person/is
confidential. Section 40(2) is an absolute exemption and therefore not
subject to the public interest test when considering disclosure of
information.

 

Please note, whilst these emails were located as a result of the key word
search you have requested, they do not specifically provide the
information you reference in your request.

 

We trust this now concludes your request. 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: [1][NHS England request email]

 

Please quote the reference number FOI-009004 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: [2][email address]  

Website: [3]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, [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]

 

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