Professor Dame Carol Black DBE, MD, FRCP, MACP, FMedSci
National Director for Health and Work
Department of Health

Dear Dame Carol,

FREEDOM OF INFORMATION ACT 2000
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

I understand that you are the first National Director for Health and Work at the Department of Health (DoH), and therefore are, in that capacity, subject to the Freedom of Information Acts as above quoted.

I refer to the proof of this in your DoH entry....

http://www.dh.gov.uk/en/Aboutus/Minister...

Consequently, in terms of the above legislation, please can you supply me with a copy of all emails sent and received from your personal and professional email accounts that relate to GOVERNMENT business for the period 1st October 2011 to 31st October 2011 - both days fully inclusive?

Please redact the appropriate parts to avoid spurious refusal of this request.

Please note I ONLY require copies of emails received and sent that pertain to GOVERNMENT business, NOT personal NOR private emails.

I refer to the Guardian article setting precedent to oblige you in answering my Freedom of Information Act request....

http://www.guardian.co.uk/politics/2011/...

I trust this clarifies the nature of my request?

I am particularly concerned at recent media reports where an inference is made that doctors should be "stripped" of their professional duty to complete the "Fitness Statements" ...

http://www.dailymail.co.uk/news/article-...

... and the doctors detailed knowledge of their patients welfare is handed over to ATOS. A company that Mr Bob Russell MP describes as "not fit-for-purpose" in Hansard on 24th October 2011:-

"..does the Secretary of State agree that the company (ATOS) is not fit for purpose, that it treats many claimants in an unacceptable way, and that, frankly, it is time that its contract was terminated?"

Source: Hansard...
http://www.publications.parliament.uk/pa...

In terms of the freedom of Information Acts, please can you advise what PRECAUTIONS you have personally and professionally taken to make sure there are no more deaths where allegations of culpability have been made against your principals, the Government? To date an estimated 15 DEATHS?

Finally, in terms of FOI, have YOUR proposals and those of your report removing patients from their GPs been subject to a RISK ASSESSMENT to establish whether YOU and your colleagues are placing ANY patient in HARMS WAY?

I look forward to your DETAILED and THOROUGH reply.

Yours faithfully,

Calum McLean
19th November 2011

Deaths referred to:-

1.
http://www.thisishampshire.net/news/9095...

2.
http://www.chroniclelive.co.uk/north-eas...

3.
http://news.scotsman.com/arts/Author39s-...

4. & 5.
http://www.guardian.co.uk/commentisfree/...

6.
http://www.thisishullandeastriding.co.uk...

7.
http://blogs.mirror.co.uk/investigations...

8.
http://www.guardian.co.uk/politics/2011/...

9.
http://www.consumeractiongroup.co.uk/for...

10.
http://www.mirror.co.uk/news/top-stories...

11. Addition to Deaths 4 & 5 Above. Mother was pregnant so her unborn baby died as well.
http://www.thefreelibrary.com/PREGNANT+M...

12.
http://www.thisislocallondon.co.uk/news/...

13. and 14.
http://www.coventrytelegraph.net/news/co...

15.
http://www.dailymail.co.uk/news/article-...

Department of Health

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Department of Health

12/12/2011
 
DE00000661868
 
Dear Mr McClean,
 
Thank you for your request of 19 November 2011 to Dame Carol Black under
the Freedom of Information Act (2000).  Your email has been passed to me
for response.  Your exact request was:
 
“I understand that you are the first National Director for Health and Work
at the Department of Health (DoH), and therefore are, in that capacity,
subject to the Freedom of Information Acts as above quoted.
 
Consequently, in terms of the above legislation, please can you supply me
with a copy of all emails sent and received from your personal and
professional email accounts that relate to GOVERNMENT business for the
period 1st October 2011 to 31st October 2011 - both days fully inclusive?”
 
The Department holds no information relevant to your request.
 
It may be helpful if I explain that Dame Black’s role, as National
Clinical Director for Health and Work, is shared across the Department of
Health and the Department for Work and Pensions (DWP).  Dame Black is
based at the DWP, which therefore holds her email address and all related
correspondence.
 
I would suggest that you contact the DWP directly.  Details of how to do
so are available at:
 
[1]http://www.dwp.gov.uk/freedom-of-informa...
 
If you have any queries about this email, please contact me.  Please
remember to quote the reference number above in any future communications.
 
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review.  Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:
  
Head of the Freedom of Information Team
Department of Health
Room 317
Richmond House
79 Whitehall
London
SW1A 2NS
  
Email: [2][email address].uk 
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner (ICO) for a decision.  Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Department.  The ICO can be contacted at:
 
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
  
Yours sincerely,
 
Lisa Quarrell
 
Freedom of Information Officer
Department of Health
 
[3][email address].uk 
 

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Dear Department of Health,

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

I am writing to request an internal review of Department of Health's handling of my FOI request 'Dame Carol Black - DoH Emails'.

Your reply answers a question that I did not ask, seemingly to deflect a question that either your department, the civil servants, or Dame Carol would prefer not to answer.

I repeat my original request, and as per the above, ask for an INTERNAL REVIEW as to why you have not answered my question?

PLEASE read exactly what I have written and reply precisely to that request? THANKYOU....

Original request....

"..please can you supply me with a copy of all emails sent and received from your (Dame Carol Black's) personal and professional email accounts that relate to GOVERNMENT business for the period 1st October 2011 to 31st October 2011 - both days fully inclusive?

Please redact the appropriate parts to avoid spurious refusal of this request.

Please note I ONLY require copies of emails received and sent that pertain to GOVERNMENT business, NOT personal NOR private emails."

A full history of my FOI request and all correspondence is available on the Internet at this address:

http://www.whatdotheyknow.com/request/da...

Yours faithfully,

Calum McLean
12th December 2011

Peter Bowyer left an annotation ()

"Dame Black is based at the DWP, which therefore holds her email address and all related correspondence." - an internal review won't turn up email accounts that don't exist - ask the DWP as suggested.

Calum McLean left an annotation ()

Dear Peter Bower,

Thank you for the annotation.

However entirely miss mt point.

Would it be fair to assume you have a personal email account?

Would it be reasonable to assume that you have and operate the internet from your home?

Might you, at some point, have typed in details on your personal and/or home based email relating to work?

This is my point. As Education Secretary Michael Gove discovered, you cannot avoid the law (FOI) by simply using personal or non governmental email facilities.

Unfortunately, as the FOI comes to celebrate its 10th anniversary, you will find the civil service and politicians have found many imaginative ways to avoid their obligations under the Freedom of Information Acts.

Regards,

Calum.

Calum McLean left an annotation ()

Dear Peter,

The Guardian link below may be of help in illustrating the tenor and aim of my request to Carol Black...

http://www.guardian.co.uk/politics/2011/...

Best regards,

Calum.

Peter Bowyer left an annotation ()

No, I didn't miss your point and I am aware of the precedent you quoted. The subject you're after doesn't work at the DH. Go after the authority she does work at, get her work email there and make sure you ask for relevant personal email too. DH will have nowhere to start looking since she's not theirs.

Calum McLean left an annotation ()

Ahhh, now I understand the point.

Thank you for that Peter. Much appreciated.

Kind regards,

Calum.

Department of Health

6 Attachments

Dear Mr McLean

Please find attached a letter from the Department of Health containing the
outcome of the internal review into the above-mentioned case, together
with the disclosures we are making.

Yours sincerely

Anthony Doole
Senior Casework Manager
Freedom of Information Team
Ministerial Business & Parliamentary Accountability
EMail: [email address]
Address:: Department of Health Room 317 Richmond House
79 Whitehall, LONDON SW1A 2NS
Department of Health response

(See attached file: Calum McLean Final for issue 27.01.pdf)

Attachments

(See attached file: DWP emails October 2011.pdf)(See attached file: Emails
from DWP to DH October 2011.pdf)(See attached file:
emailsredacted.pdf)(See attached file: FOI Carol Black Personal
Emails.pdf)(See attached file: More emails.pdf)

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