Copy of recording or copy of transcript in FtP case held 10 July 2018 NMC v Betsva, Cowee, Dullaghan, Martin, Morris and Short.

The request was successful.

Dear Nursing and Midwifery Council,

At the Stratford hearing centre, a Fitness to Practise Panel consisting of Hilary Nightingale (chair), Mary Monnington (Registrant Panel Member) and Alex Forsyth (Lay panel member) held a hearing on 10 July 2018 in the case of NMC v Betsva, Cowee, Dullaghan, Martin, Morris and Short.

The panel hearing in public commenced at around 10:06 am and heard an application for disclosure of the evidence bundle and other papers in the matter. The panel adjourned for the NMC case presenter to seek instructions and then reconvened to continue to hear the application together with the registrants and their advisers' comments on the application and the legal assessor's opinion.

The panel adjourned to consider its ruling on the application and/or for lunch.

Please could you supply a copy of the Digital Audio Recording of the public part of the hearing excluding those parts of the hearing where the panel were deliberating in private from the time that the panel first sat in public that day until the time that the panel adjourned for lunch and/or to deliberate in private.

Please provide this in electronic form.

Alternatively, please provide a transcript of the same section of the public part of the hearing.

Yours faithfully,

Peter C. Bell

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

When you submit a request to us, we may ask for further information to
assist us in processing your request.

 

We will only collect, use and store this information in order to process
your request and in accordance with our Retention and Disposal Schedules.

 

To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

show quoted sections

NO REPLY, Nursing and Midwifery Council

Dear Peter C Bell ,
Thank you for your email. We acknowledge receipt of your request.   
The statutory time-frame for responses are:   

* 20 working days - Freedom of Information requests.
* 30 days -  Data Subjects Rights Requests (under the GDPR) 

If you need the information in an alternative format, we will do all we
reasonably can to help. When you submit a request to us, we may ask for
further information to assist us in processing your request. We will only
collect, use and store this information in order to process your request
and in accordance with our Retention and Disposal Schedules. 
To learn more about how we use this information, please read
our [1]Privacy Notice.
Thank you.  
Freedom of Information & Data Protection Officers
Records and Archives Team  
Nursing and Midwifery Council
23 Portland Place
London
W1B 1PZ  
The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

show quoted sections

Anthony Madu, Nursing and Midwifery Council

Dear Peter,

Thank you for requesting information from the Nursing and Midwifery Council.

Please could you provide the case reference number so I can proceed with your request?

Please supply this information within a month and quote our reference NMC-04141-R8X4L6.

Kind regards

Anthony Madu
Customer Information and Data Requests Officer
People and Organisational Effectiveness
020 76815929.

Nursing and Midwifery Council
23 Portland Place
W1B 1PZ
www.nmc.org.uk

To get news and updates delivered straight to your inbox, visit www.nmc.org.uk/newsletters

show quoted sections

Dear Anthony Madu,

I am afraid that I do not have the case reference number and I can no longer find the details of the case by searching on your system.

Do you have the facility within your case management system to locate the relevant details from the date range and the names of the registrants?

The hearing centre was Stratford and the hearing took place between 21st May and August 2018. I believe that the hearing chair was Hilary Nightingale. August 6th was day 50 of the hearing.

I believe that I have provided sufficient information to identify as clearly as I am able to in the circumstances, the information that I am seeking under the Freedom of Information Act.

Yours sincerely,

Peter C. Bell

Peter C. Bell left an annotation ()

Not sure that requesting information that I do not have (but the public authority has!) and setting a one month time limit is within the law and guidance on Freedom of Information Requests.

The ICO guidance says:

"Be as specific as possible about the information you want rather than asking general questions. Try to include details such as dates and names whenever you can. It may also assist the authority in identifying the information if you explain the purpose behind your request."

I have provided additional dates but would have expected that the public authority would have been able to search by the name of the registrant on its case management system.

Anthony Madu, Nursing and Midwifery Council

2 Attachments

Dear Peter,

 

Thank you for your request for information, which we received on 30 June
2020. We considered your request in line with the Freedom of Information
Act 2000 (‘the Act’).

 

Please find attached our response with the information you requested.

 

Kind regards

 

Anthony Madu
Customer Information and Data Requests Officer

People and Organisational Effectiveness

020 76815929.

 

Nursing and Midwifery Council
23 Portland Place

W1B 1PZ
[1]www.nmc.org.uk

To get news and updates delivered straight to your inbox, visit
[2]www.nmc.org.uk/newsletters

 

 

 

 

 

show quoted sections

Dear Nursing and Midwifery Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Nursing and Midwifery Council's handling of my FOI request 'Copy of recording or copy of transcript in FtP case held 10 July 2018 NMC v Betsva, Cowee, Dullaghan, Martin, Morris and Short.'.

The reason given for refusing the request is that GDPR exemption 40(2) applies because the GDPR requires that personal information is:

"(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness, transparency’)

The principal of fairness would be breached if we disclosed the information as it would not be a reasonable expectation for individuals to expect that their personal information would be released into the public domain."

The request is for a recording or a transcript of a part of a hearing "held in public". Any person participating in the hearing is aware that it is a hearing in public, that the public are allowed to attend and observe the hearing and that representatives of the Press may also be present.

Any person participating in the hearing is also aware (and are reminded) that an audio recording of the hearing is made and retained by the NMC and that persons may request a copy of the audio recording and/or a transcript of the hearing.

Apart from the requester, the other persons whose voices could be heard on the audio recording are the panel members of the NMC, the Clerk to the Tribunal and the barristers representing the various registrants at the hearing. I would suggest that all of the above parties would have every expectation that, as they are acting in professional roles and have recorded their names on the official record of the proceedings, they would have the expectation that what they said in the hearing, when acting in those professional roles, would be recorded and would be disclosed by the NMC.

Could I therefore please ask you, in light of the comments above, to reconsider your response to this FOI?

If you do decide to maintain the exemption under FOI 40(2) could you please provide a full reasoned arguments, identifying clearly the information which you consider is caught by this exemption and a full reasoned argument as to why you consider the exemption to apply. Please also identify clearly (without disclosing their name) the identity of, of category of the data subject whose personal information would be disclosed if you were to provide the requested copy of the audio recording and/or transcript.

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

Yours faithfully,

Peter C. Bell

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

When you submit a request to us, we may ask for further information to
assist us in processing your request.

 

We will only collect, use and store this information in order to process
your request and in accordance with our Retention and Disposal Schedules.

 

To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

show quoted sections

Graham Ostle, Nursing and Midwifery Council

Dear Peter

Thank you for your email which we will be treating as an internal review. The deadline to respond to internal reviews is 20 working days from receipt therefore, as you sent us the below on 20 July, our deadline for response is 17 August 2020.

Many thanks

Graham Ostle
Information & Data Requests Manager
People and Organisational Effectiveness

Nursing and Midwifery Council
23 Portland Place
W1B 1PZ
www.nmc.org.uk
To get news and updates delivered straight to your inbox, visit www.nmc.org.uk/newsletters

show quoted sections

Dear Graham Ostle,

I note that the deadline for a response (of 17 August 2020) is now well past.
You will therefore understand that my next option is to raise a concern about this failure with the ICO.

Yours sincerely,

Peter C. Bell

Graham Ostle, Nursing and Midwifery Council

5 Attachments

Dear Peter

Please see attached response which was sent to you on 17 August. Apologies, we should have sent this to the WhatDoTheyKnow address rather than your personal email.

Many thanks

Graham Ostle
Information & Data Requests Manager
People and Organisational Effectiveness

Nursing and Midwifery Council
23 Portland Place
W1B 1PZ
www.nmc.org.uk
To get news and updates delivered straight to your inbox, visit www.nmc.org.uk/newsletters

show quoted sections