Communication between EIBSS, DHSC & Cabinet Office

S Carroll made this Freedom of Information request to NHS Business Services Authority

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by NHS Business Services Authority.

Dear NHS Business Services Authority,

I am writing to request the email & wrtten correspondence between EIBSS, the Cabinet Office & DHSC from the dates of 30/03/21 - 27/07/21, to include Brian Williams, William Vineall, Brendon Brown & James Hardy using key words "parirty" "parity exercise" "parity implentation" . EIBSS, Infected Blood, Blood.

Yours faithfully,

S Carroll

FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

2 Attachments

Dear S Carroll

 

Thank you for your request for information as outlined below:

 

I am writing to request the email & wrtten correspondence between EIBSS,
the Cabinet Office & DHSC from the dates of 30/03/21 - 27/07/21, to
include Brian Williams, William Vineall, Brendon Brown & James Hardy using
key words "parirty" "parity exercise" "parity implentation" . EIBSS,
Infected Blood, Blood.

 

Your request was received on 26 July 2021 and I am dealing with it under
the terms of the Freedom of Information Act 2000.

 

I will process your request as soon as possible, and certainly within 20
working days of the day I received the request. You will hear back from me
by 23 August 2021 the latest.

 

Please note that we may need to write to you should any aspect of your
request need clarification. In such cases, the 20 working day period will
start when we receive your clarification.

 

Details of how we will process your request are available on our website
at:

 

[1]https://www.nhsbsa.nhs.uk/sites/default/...

 

Details of how we use your information are available at the following
link:

[2]https://www.nhsbsa.nhs.uk/our-policies/p...

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of my decision,
please write within 40 working days of the date of this e-mail to:

Chris Gooday

Information Governance Manager

NHS Business Services Authority

Stella House

Goldcrest Way

Newburn Riverside Business Park

Newcastle upon Tyne

NE15 8NY

 

Details of how we will handle your review request are available on our
website at:

[3]https://bit.ly/2Sjdk2H

If you are not content with the outcome of your complaint, you may apply
directly to the

Information Commissioner’s Office (ICO) for a decision.  Please note that
generally, the ICO cannot make a decision unless you have exhausted the
NHS Business Services Authority’s complaints procedure.

The Information Commissioner can be contacted at:-

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel:  01625 545 745

Fax: 01625 524 510

Email: [4][email address]

 

 

If you have any queries about this email, please contact me via email.

 

Please quote the reference number above in any future communications to
make it easier for me to deal with your correspondence.

 

Regards

 

Adam

 

 

Adam Sharp

Information Governance Assistant

Security & Information Governance

Email: [5][email address]

[6]www.nhsbsa.nhs.uk

We are constantly looking at ways to
improve our services. You can give us
[7]Description: Description: feedback using the link below:
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[8]Information Governance

 

 

[9]Description: Description: cid:image007.png@01D4178F.C585F600
Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

H  Home Working until further notice.

Advance notice of Leave: 

 

   

 

 

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Dear FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY),

It appears I made a mistake with the name of one of the individuals. It should be James Byers, not James Hardy that was present on my initial request.

Yours sincerely,

S Carroll

Dear FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY),

I received a notification asking to clarify my request but there is not any point of clarification on the message received.

Can you please clarify.

Yours sincerely,

S Carroll

FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

Dear S Carroll

Thank you for your email.

The email you refer to below is an acknowledgement of your recent FOI request, not a request for clarification.

Please let me know if I can assist you further.

Kind Regards
Chloe

Chloe Thompson
Information Governance Officer
Security & Information Governance
www.nhsbsa.nhs.uk

We are constantly looking at ways to improve our services. You can give us feedback using the link below:
Information Governance

Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle upon Tyne NE15 8NY
 Home Working until further notice.
Advance notice of Leave:

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FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

2 Attachments

Dear Mr Carroll

                  

I am writing regarding your request for information, which I received on
26 July 2021.  In that request, you asked us for the following:

 

‘I am writing to request the email & wrtten correspondence between EIBSS,
the Cabinet Office & DHSC from the dates of 30/03/21 - 27/07/21, to
include Brian Williams, William Vineall, Brendon Brown & James Hardy using
key words "parirty" "parity exercise" "parity implentation" . EIBSS,
Infected Blood, Blood. [On 28 July 2021 you followed this up by stating]
It appears I made a mistake with the name of one of the individuals. It
should be James Byers, not James Hardy that was present on my initial
request.’

 

Emails to/from Brian Williams

 

I am writing to advise you that following a search of our paper and
electronic records, I have established that the information you requested
is not held by the NHS Business Services Authority. We conducted a search
of all e-mails relating to EIBSS, but located no e-mails to/from the above
person were located.

 

Remainder of Request

 

I can confirm that the NHS Business Services Authority (NHSBSA) holds
information meeting the description specified in this part of your
request. However, under section 14(1) of the Freedom of Information Act,
the NHSBSA is not obliged to comply with your request as it is currently
framed.

 

Section 14(1) – Vexatious Requests

 

Section 1(1) does not oblige a public authority to comply with a request
for information if the request is vexatious.

 

All e-mails between our EIBSS team and DHSC would mention the word EIBSS
or generally be about that broad subject. We have located 97 e-mails in
total (rounded to 100 for the below estimates to allow for simpler
estimates) which meet the criteria of your request. It took 4.5 hours to
locate and retrieve these e-mails from the relevant colleagues within the
NHSBSA.

 

We believe the current scope of your request would be vexatious due to the
great burden it would place upon staff in the EIBSS and Information
Governance team preparing the information for disclosure, and the time
spent would distract them from performing their roles.

 

Tasks which would need to be undertaken include:

 

o Reviewing the e-mails to check for exempt/possibly exempt information.
We estimate that it would take an initial 2 minutes per e-mail on
average. The total time for this stage would be 3.33 hours.

 

o Sharing e-mails with EIBSS colleagues for wider discussion and
potentially further consultation or discussions with stakeholders such
as those within the DHSC.

 

o Meetings to discuss any public interest considerations should any
public interest exemptions be engaged, requiring a public interest
test to be conducted. It is not possible to estimate how long this
stage would take, it would depend on the amount of potentially exempt
information (if any) is located.

 

o Conducting a public interest tests as appropriate (including the above
discussions)

 

o Redaction – If we were to only redact names and contact details of
NHSBSA/DHSC colleagues under s.40(2) of FOIA, this would take approx.
4 hours. We conducted an exercise, redacting names only in 10 e-mails.
This took approx. 24 minutes. Therefore, we estimate that it would
take at least 4 hours (240 minutes) to perform this basic redaction.
Allowing for the possibility that we locate any potentially exempt
information we estimate that it could take longer than 4 hours to
perform all redactions.

 

o Thorough checking of redactions by colleagues within Information
Governance and also within EIBSS. This is necessary to ensure no
exempt information which should be withheld is accidentally disclosed
into the public domain. It is estimated that it would take
approximately an additional 8 hours for checking to be performed, as a
minimum.

 

o Minimum estimated total time is 20 hours.

 

 

I am writing to ask if you are able to refine this request for
correspondence slightly to focus on a particular subject? You mention
Parity in both of your current FOI requests. For example, if your request
was focused on e-mails which contained the word parity only, this might be
more meaningful for you and would reduce the burden required to process
this request. We have located 19 e-mails which mention Parity in the
subject line.

 

If you have any alternative subjects which we may have corresponded about,
and which may be of interest to you, please let me know.

 

Although we are offering alternatives to your initial request, the refined
scope would still be subject to any exemptions which may apply. As such we
cannot guarantee that all information would be disclosed.

 

Handling the request as it currently stands involving EIBSS colleagues in
handling this request would severely impact on EIBSS and would prevent it
from operating effectively to the detriment of our beneficiaries. In
addition, a great deal of public monies would be wasted in performing
these tasks.

 

For the above reasons the NHSBSA is not obliged to comply with your
request, and I will not be processing your request further as it currently
stands. Please therefore narrow the focus of your request as suggested
above.

 

Please note that if I do not receive appropriate clarification of your
information requirements within two months from the date of this letter,
then I will consider your request closed.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of my decision,
please write within 40 working days of the date of this response to:

 

Chris Gooday

Information Governance Manager

NHS Business Services Authority

1^st Floor

Stella House

Goldcrest Way

Newburn Riverside Business Park

Newcastle upon Tyne

NE15 8NY

 

Details of how we will handle your review request are available on our
website at:

 

[1]https://bit.ly/2Sjdk2H

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision. 
Please note that generally, the ICO cannot make a decision unless you have
exhausted the NHS Business Services Authority’s complaints procedure.

 

The Information Commissioner can be contacted at:-

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel:  01625 545 745

Fax: 01625 524 510

Email: [2][email address]

 

If you have any queries about this letter, please contact me.  Please
quote the reference number in the subject line in any future
communications.

 

Regards

 

Chris Dunn

Information Governance Specialist

Security and Information Governance

[3]www.nhsbsa.nhs.uk

We are constantly looking at ways to improve our services. You can give
us feedback using the link below:

[4]Information Governance

 

[5]Description: Description: Description: NHSBSA (NHS@70) Header 2
Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

 

 

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Dear NHS Business Services Authority,

I would be grateful if you could review whether this is the correct exemption to have been applied: would section 12, 'Cost of compliance exceeds appropriate limit' have been more appropriate? If so, please reassess my request accordingly.

Yours faithfully,

S Carroll

FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

2 Attachments

Dear Mr Carroll

 

We have quoted section 14 of FOIA. The reason for this is that section 12
of FOIA and [1]The Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004 only permit certain tasks to be taken
into account for in this cost i.e. the location, retrieval and extraction
of the requested information. We located and retrieved the requested
information relatively easily and quickly. The tasks which will take the
most time and therefore incur great cost are those set out in our response
i.e. the time/cost associated with reviewing the requested information,
redacting information where appropriate, reviewing redactions, consulting
with stakeholders etc. These tasks are not listed under the “permitted
tasks”. Please see the below extract, taken from the [2]FOI Code of
Practice

 

“Interaction between section 12 (cost limit) and 14(1) (vexatious
requests)

 

7.12 In some cases, responding to the request is so burdensome for the
public authority in terms of resources and time that the request can be
refused under section 14(1). This is likely to apply in cases where it
would create a very significant burden for the public authority to:

 

● prepare the information for publication;

● redact the information for disclosure;

● consult third parties;

● apply exemptions.

 

7.13 It is not possible to use section 12 (cost limit) to refuse a request
based on the above

factors. In these cases, public authorities may want to instead consider
using section 14 to

refuse to respond to the request based on the burden that responding to
the request would

create.”

 

Regards

Chris

 

Chris Dunn

Information Governance Specialist

Security and Information Governance

[3]www.nhsbsa.nhs.uk

We are constantly looking at ways to improve our services. You can give
us feedback using the link below:

[4]Information Governance

 

Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

 

 

 

 

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