Contracting of Services to Locala CIC

Alan Girvan made this Freedom of Information request to Kirklees Primary Care Trust (PCT)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Kirklees Primary Care Trust (PCT),

Would you please provide the following information pursuant to the above act, where the said information is not available for any reason would you please indicate that this is the case.

1. A copy of the original tender document from Kirklees Primary Care Trust to commission NHS services from a non-NHS company (Locala Community Partnerships CIC, Registered Number: 07584906) for the provision of Community Health Services.

2. Documentation indicating that the procurement / commissioning of Community Health Services previously provided by Kirklees Community Healthcare Services to a private company (Locala Community Partnerships CIC, registered under the Companies Act 2006) met proprietary and legal requirements and procurement best practice, including that of the Office of Government Commerce and the Official Journal of European Union guidance.

3. The location (or URL where web based) where the relevant initial tender proposal is accessible (nationally or within the EU).

4. The number of other organisations, if any, excluding Locala Community Partnerships CIC, that were approached or responded to any tender for the commissioning / delivery of Community Health Services.

5. The position in Kirklees Primary Care Trust and Kirklees Community Healthcare Services of those involved in the decision to award the contract to Locala Community Partnerships CIC (names may be redacted for privacy reasons).

6. The subsequent position in Locala Community Partnerships CIC of those involved in the decision making process by Kirklees Primary Care Trust / Kirklees Community Healthcare Services.

7. The total number of individuals interviewed by Kirklees Primary Care Trust for the positions of Chief Executive, and Director of Clinical and Operational Services at Locala, relevant documentation containing the job specification, and the positions of those responsible for the final decision.

8. Copies of any documentation or contract that indicates employees of Locala Community Partnerships CIC (on completion of TUPE) will no longer be considered as employees of the National Health Service.

9. A copy of any Risk Assessment conducted to prevent infection between patients e.g. MRSA, by the use and transportation of Toughbook’s between patients and / or Patients and Health Centres.

Thank you for your time and attention and I would expect that this request will be fulfilled within the relevant 20 days afforded by the Act, please note this information may be disclosed to third parties without further notice.

Yours faithfully,

Alan Girvan

Enquiries, Kirklees Primary Care Trust (PCT)

Dear Alan,

Thank you for your request for information under Freedom of Information re: Contracting of Services to Locala CIC. Your request was received on Monday 3rd September and I am dealing with it under the terms of the Freedom of Information Act 2000.
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.

Unless otherwise stated the information will be sent electronically. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.
Further information about your rights is also available from the Information
Commissioner at: Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.ico.gov.uk

Re-Use of Information
Any information we provide following your request under the Freedom of Information Act will not confer an automatic right for you to re-use that information, for example to publish it. If you wish to re-use the information that we provide and you do not specify this in your initial application for information then you must make a further request for its re-use as per the Re-Use of Public Sector Information Regulations 2005 www.opsi.gov.uk . This will not affect your initial information request.

Yours sincerely

Annabelle
Annabelle Chapman
PALS Officer
NHS Kirklees
Broad Lea House
Dyson Wood Way
Huddersfield
HD2 1GZ
[email address]
Please note my working hours are Mon,Tues & Wednesday 9am-5pm.
 Save Paper - Do you really need to print this e-mail?

show quoted sections

Victor Thompson, Kirklees Primary Care Trust (PCT)

Dear Mr Girvin,

Further to my e-mail of the 03/09/2012 I am writing to inform you that we
require more time to respond to your request for information.

The Act allows us 20-working-days to respond to your request from the date
of its receipt.  However, it is occasionally necessary to extend this 20
working day time limit for issuing a response.   In your case, I regret
that we must extend the time limit for responding by 10  working days
because the information requested will require information from other
staff members at the PCT, some of whom have been on annual leave.

If you have any queries about this e-mail, please contact me.  Please
remember to quote the reference number above in any future communications.

Further information about your rights is also available from the
Information

Commissioner at: Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

www.ico.gov.uk

 

 

 

Yours sincerely,

 

 

Victor Thompson

Head of Patient Safety and Risk

NHS Kirklees

Broad Lea House

Bradley Business Park

Dyson Wood Way

Bradley

Huddersfield

HD2 1GZ

tel. 01484 464045

mobile. 07946 179462

fax 01484 464509

 

Terry Hallworth left an annotation ()

Dear Mr Girvan, They may well be delaying as the PCT have their AGM on 27th Sept and don't want your answers coming out at the meeting.
I have asked a similar FOI request and they avoided answering the questions in any details. I have now asked for clarification.

Good luck

Alan Girvan left an annotation ()

Dear Terry,
Thank you for highlighting your concerns regarding the availability of the data given the proximity of their AGM, however, Kirklees PCT are but one recipient of requests for information regarding Social Enterprises and "guaranteed contracts" within the Department of Health and NHS under FOIA and others under Civil Procedure Rules, which I am not at liberty to disclose in a public forum.

I assure you that organisations that are found to have impeded this will be answerable in a Court of Law or at the ECJ should that be necessary.

Please feel free to raise any further issues you may have encountered.

Dear Kirklees Primary Care Trust (PCT),

I am currently awaiting information requested under the Freedom of Information Act, which the PCT should have provided no later than 28th September, a request for an additional 10 days to collate the information was made, and accepted in good grace, however, even this has now been exceeded.

Please provide an update on the status of this request as the PCT is obliged by law to respond within the 20 days.

Yours faithfully,

Alan Girvan

Enquiries, Kirklees Primary Care Trust (PCT)

5 Attachments

 

Dear Mr Girvan

 

Freedom of Information Act 2000

 

I am writing in respect of your recent enquiry for information held by the
PCT under the provisions of the Freedom of Information Act 2000.

 

You asked for information relating to Contracting of Services to Locala.

 

In response to your request please find below attached the following
response:

1. A copy of the original tender document from Kirklees Primary

     Care Trust to commission NHS services from a non-NHS company

     (Locala Community Partnerships CIC, Registered Number: 07584906)

     for the provision of Community Health Services.

 

There is no tender document available as the process by which Locala
became a social emprise was outside of any tendering process.

 

     2. Documentation indicating that the procurement / commissioning of

     Community Health Services previously provided by Kirklees Community

     Healthcare Services to a private company (Locala Community

     Partnerships CIC, registered under the Companies Act 2006) met

     proprietary and legal requirements and procurement best practice,

     including that of the Office of Government Commerce and the

     Official Journal of European Union guidance.

 

The process by which the PCT was required to divest itself of the Provider
Arm of the PCT was instigated by the Department of Health (see attached
documents)

    

     3. The location (or URL where web based) where the relevant initial

     tender proposal is accessible (nationally or within the EU).

 

                Not applicable.

     

     4. The number of other organisations, if any, excluding Locala

     Community Partnerships CIC, that were approached or responded to

     any tender for the commissioning / delivery of Community Health

     Services.

 

                Not applicable.

 

     5. The position in Kirklees Primary Care Trust and Kirklees

     Community Healthcare Services of those involved in the decision to

     award the contract to Locala Community Partnerships CIC (names may

     be redacted for privacy reasons).

 

Ultimate authority to approve Kirklees Community Health Service (now
Locala) to proceed to CIC was the Board of NHS Kirklees (see attached
minutes).

    

     6. The subsequent position in Locala Community Partnerships CIC of

     those involved in the decision making process by Kirklees Primary

     Care Trust / Kirklees Community Healthcare Services.

 

Responsibility for decision making with regards to Locala’s application to
become a Social Enterprise rested with the Kirklees PCT Board. Non of the
executive members hold a position within Locala.

 

Attendees who facilitated the discussion with the Board and currently hold
positions within Locala are:

 

Mr Robert Flack CE Locala

Mr Jim Barwick, Director of Transformation

    

     7. The total number of individuals interviewed by Kirklees Primary

     Care Trust for the positions of Chief Executive, and Director of

     Clinical and Operational Services at Locala, relevant documentation

     containing the job specification, and the positions of those

     responsible for the final decision.

 

·         2 people were interviewed

·         Competency of the candidates was reviewed against a competency
framework (attached) to determine relevant skills and development
opportunities and was intended to provide assurance as to the abilities of
the candidates

·         The positions of the people on the interview panel were as
follows (these individuals were on the panel for both the Chief Executive
role and the Director of C&O Services):

-          Chairman of the Board, NHS Kirklees

-          Chief Executive, NHS Kirklees

-          Director of HR/OD Shared Service, NHS Kirklees and NHS
Calderdale

-          Director of Provider Development, NHS Yorkshire and the Humber

-          Chairman of the Board, Kirklees Community Healthcare Services

 

·         In addition, the following individuals were included on the
interview panel for the specified role:

·         Chief Executive, City Health Care Partnership Hull (for the CE
role)

·         Chief Executive, Kirklees Council (for the CE role)

·         Executive Director of Quality and Engagement, NHS Kirklees (for
the C&O role)

 

    

     8. Copies of any documentation or contract that indicates employees

     of Locala Community Partnerships CIC (on completion of TUPE) will

     no longer be considered as employees of the National Health

     Service.

 

Attached for reference are some key documents showing the nature of
written communications with staff. In particular the FAQ document (which
was based on questions from staff) helps to show that staff understood
that Locala as a social enterprise was not going to be an NHS employer.
The docs include:

 

·         Letter to staff (March 2011) confirming decision to pursue
social enterprise

·         Email and consultation pro forma

·         Letter to staff (June 2011) confirming transfer from PCT to
social enterprise

 

It may also be helpful for the enquirer to be aware that a significant
number of road shows and consultation meetings were held for staff by the
Kirklees PCT Provider Services Directorate, both before the decision to
create a social enterprise; and after the decision but in advance of the
transfer from the PCT.      

 

     9. A copy of any Risk Assessment conducted to prevent infection

     between patients e.g. MRSA, by the use and transportation of

     Toughbook’s between patients and / or Patients and Health Centres.

 

                Locala - Attached

 

If you are unhappy with the outcome or service you have received in
relation to your request and wish to make a complaint or request a review
of our decision, you should contact me in the first instance and I will be
happy to work through any issues you may have.  Alternatively, you can
write to the Head of Patient Safety and Risk at:

Broad Lea House

Bradley Business Park

Dyson Wood Way

Bradley

Huddersfield

HD2 1GZ

 

If you are not content with the outcome, you may apply directly to the
Information Commissioner’s Office (ICO) for a decision. Generally, the ICO
cannot make a decision unless you have exhausted the Access to Information
complaints procedure provided by Kirklees PCT.

 

Further Information about your rights is available from the Information

Commissioner at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

[1]www.ico.gov.uk

 

Re-use of information

 

For information, please note that any information we provide following
your request under the Freedom of Information Act will not confer an
automatic right for you to re-use that information, for example to publish
it. If you wish to re-use the information that we provide and you did not
specify this in your initial application for information then you must
make a further request for its re-use to the PCT as per the Re-Use of
Public Sector Information Regulations 2005 [2]www.opsi.gov.uk . This will
not affect your initial information request.

 

Yours sincerely

Annabelle

 

Annabelle Chapman

PALS Officer

NHS Kirklees

Broad Lea House

Dyson Wood Way

Huddersfield

HD2 1GZ

[3][email address]

[4][email address]

Please note my working hours are Mon,Tues & Wednesday 9am-5pm.

P Save Paper - Do you really need to print this e-mail?
This is an email from Kirklees Primary Care Trust (PCT). Any views
expressed in this email are those of the individual sender, except where
the sender specifically states them to be the views of the PCT.
You must assume that this email or any of its attachments contain data
that falls within the scope of the Data Protection Acts and therefore
should not be disclosed, copied or used for any purpose other than that
for which the information was sent. If you are not the intended recipient
you should not read, print or store its contents. If you have received
this message in error, please notify the sender immediately and delete
what you have received.

Please scan for viruses before accessing attachments.  Although we
endeavour to keep files clean we can take no responsibility for any damage

 

 

References

Visible links
1. http://www.ico.gov.uk/
2. http://www.opsi.gov.uk/
3. mailto:[email address]
4. mailto:[email address]

Enquiries, Kirklees Primary Care Trust (PCT)

3 Attachments

 

Please find attached further documents supporting our FOI response. Not
all could be sent together.

 

Kind regards,

 

Annabelle

 

Annabelle Chapman

PALS Officer

NHS Kirklees

Broad Lea House

Dyson Wood Way

Huddersfield

HD2 1GZ

[1][email address]

[2][email address]

Please note my working hours are Mon,Tues & Wednesday 9am-5pm.

P Save Paper - Do you really need to print this e-mail?
This is an email from Kirklees Primary Care Trust (PCT). Any views
expressed in this email are those of the individual sender, except where
the sender specifically states them to be the views of the PCT.
You must assume that this email or any of its attachments contain data
that falls within the scope of the Data Protection Acts and therefore
should not be disclosed, copied or used for any purpose other than that
for which the information was sent. If you are not the intended recipient
you should not read, print or store its contents. If you have received
this message in error, please notify the sender immediately and delete
what you have received.

Please scan for viruses before accessing attachments.  Although we
endeavour to keep files clean we can take no responsibility for any damage

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Enquiries, Kirklees Primary Care Trust (PCT)

2 Attachments

That’s now all the documents regarding the FOI.

 

Kind regards,

 

Annabelle

 

Annabelle Chapman

PALS Officer

NHS Kirklees

Broad Lea House

Dyson Wood Way

Huddersfield

HD2 1GZ

[1][email address]

[email address]

Please note my working hours are Mon,Tues & Wednesday 9am-5pm.

P Save Paper - Do you really need to print this e-mail?
This is an email from Kirklees Primary Care Trust (PCT). Any views
expressed in this email are those of the individual sender, except where
the sender specifically states them to be the views of the PCT.
You must assume that this email or any of its attachments contain data
that falls within the scope of the Data Protection Acts and therefore
should not be disclosed, copied or used for any purpose other than that
for which the information was sent. If you are not the intended recipient
you should not read, print or store its contents. If you have received
this message in error, please notify the sender immediately and delete
what you have received.

Please scan for viruses before accessing attachments.  Although we
endeavour to keep files clean we can take no responsibility for any damage

 

 

References

Visible links
1. mailto:[email address]