Corr Aug - Oct 19

Response to this request is long overdue. By law, under all circumstances, University Hospitals of Derby and Burton NHS Foundation Trust should have responded by now (details). You can complain by requesting an internal review.

Dear University Hospitals of Derby and Burton NHS Foundation Trust,

a) Copies of emails and other correspondence between the Haemophilia Centre Director and other members of Trust staff, during the period 1st Aug 2019 - 31st Oct 2019, that relate to: Infected Blood / Infected Blood Products / Infected Blood Inquiry / Contaminated Blood

Yours faithfully,

JJ Evans

foi (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

Dear Mr Evans

Thank you for your request for information; this is now being processed in accordance with the Freedom of Information Act 2000.

This Trust will make every effort to provide a response within the 20 working days specified by the Act. You should receive your response by 2 December 2019

Your reference number relating to this application is stated above. Please ensure you quote this when contacting us.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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foi (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

1 Attachment

Dear Mr Evans

Further to your enquiry, please find the Trust's response attached.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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Dear University Hospitals of Derby and Burton NHS Foundation Trust,

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

I am writing to request an internal review of University Hospitals of Derby and Burton NHS Foundation Trust's handling of my FOI request 'Corr Aug - Oct 19'.

I would strongly suggest the Trust review its position considering the article below:
https://www.itv.com/news/2019-10-07/depa...

Yours faithfully,

JJ Evans

FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

Dear Mr Evans

Further to your requests, our subsequent replies, and a conversation with the ICO's office, we are thinking it may be advantageous to invite you along to meet with key members of staff; with a view to resolving the queries you have.

I have emailed staff concerned to try to pull a suitable date and time together to offer to you; I am just waiting to hear back from them with their availability before contacting you in this regard.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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Dear Jane,

Thank you, please direct any future correspondence relating to meetings to the Factor 8 e-mail address - [email address]

Yours sincerely,

JJ Evans

Dear FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST),

I am awaiting your response to my request for an internal review into this request.

Yours sincerely,

JJ Evans

FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

2 Attachments

Dear Mr Evans

May I refer you to the Trust's last two responses (attached); within which we have explained that we are unable to answer any past, current or future requests from you regarding a vascular network.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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Dear FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST),

The attachments you provide refer to a "Mr Kent" and have absolutely nothing to do with me or my requests which appears to be an error on your part. If I do not have a response to my request for an Internal Review (made on 21st November 2019) by 6th January 2020 I shall refer to the ICO in relation to your failure to comply with the FOIA to date.

Yours sincerely,

JJ Evans

FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

Dear Mr Evans

Further to your email below, I wonder if you would kindly contact me on 01332 786431 to discuss your enquiry please; I have reviewed previous correspondence from you, but only appear to have an email address; otherwise I would have contacted you directly.

I am in the office today and again on 2nd January and 3rd of January, but away the following week.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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Dear FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST),

A full run of this FOI can be found here for your information and is due response - https://www.whatdotheyknow.com/request/c...

Yours sincerely,

JJ Evans

FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

Dear Mr Evans

I have returned today from annual leave.

I will look into your enquiry for you and reply as soon as possible.

In the meantime, I note that I have not received the telephone call asked for in my previous email.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

Dear Mr Evans

I have been trying to contact our Haematology Lead to resolve this query for you; however, I have followed this up today to receive an automatic reply email stating they are out of the Trust until early February.

I apologise for this delay, but we have no-one else who could supply this information. I can assure you that I have made a diary note to follow this up as soon as they return.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST), University Hospitals of Derby and Burton NHS Foundation Trust

2 Attachments

Dear Mr Evans

I apologise, on behalf of the Trust, for the delay in responding; I am now able to forward the Trust's response as attached.

Kind regards

Jane Haywood

Freedom of Information Officer
University Hospitals of Derby and Burton NHS Foundation Trust

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Dear FOI (UNIVERSITY HOSPITALS OF DERBY AND BURTON NHS FOUNDATION TRUST),

Jane, your response does not comply with the FOIA S1.1 which states that you should confirm whether or not the information requested is held, and if it is, to provide it subject to the FOIA.

If you wish to claim an exemption, you should tell me what that exemption is. Which you have not done so. You should also note that you cannot claim a blanket exemption because of the Inquiry and that such attempts have been overturned at the ICO state multiple times already. Below FYI is a recent extract of an apology I received from Cardiff who attempted to apply the S32 rationale without fully understanding it...

" This had not been anticipated upon receipt of your request, for which I again apologise. However,
noting that the UHB had previously applied the same rationale to withhold information relating to a different request (FOI.19.102), we have since been able to identify previously withheld information that may now be disclosed to you."

Given the already large delay, if a response in-line with the FOIA is not received by close of play today, I shall refer to the ICO asking for a decision notice on your obvious failure to comply with the FOIA, I will also request this to be published on publicly, regardless of whether or not you respond after today.

You can see just a couple of my previous decision notices here:
https://ico.org.uk/media/action-weve-tak...
https://ico.org.uk/media/action-weve-tak...

Yours sincerely,

JJ Evans