Dear NHS England,

Re: Avoidance of Doubt: https://www.england.nhs.uk/wp-content/up...

1. Can NHS England confirm whether this policy has been authorised through the NHS England Gateway process?

2. This seems like policy on how to operate the dental contract, it isn’t really clinical policy so is can NHS England confirm that all NHSE dental commissioners and contracts managers were part of the decision making process?

3. Can NHS England supply the minutes of the relevant Board or Committee that has decided to publish this policy?

4. The letter refers to a new QUANGO carrying its own logo called ‘OCDO’. Is this part of NHS England or is this some new Arms Length Body? Can NHS England confirm that this new body OCDO confirms to the NHS England branding rules if it is part of NHS England?

5. Can NHS England supply the evidence that demonstrates that (a) there is an access problem and (b) that phasing of courses of treatment will solve that problem?

6. Has NHS England undertaken an Equality Impact Assessment before issuing this policy?

7. Can NHS England confirm which part of the regulations pertaining to NHS Dentistry specifies they phased treatment can only consist of 3 courses of treatment?

8. How will the NHS BSA determine which courses are part of a phased plan and which aren’t?

9. How will the BSA manage those courses that take longer than 12 months?

10. Can NHS England confirm that it is not expecting NHS dentists to provide a full treatment plan at the time of initial examination? Does robust plan mean a treatment plan or is this something else?

11. You write that a robust plan is not possible at the examination stage but you also write that treatment should be detailed, isn’t this contradictory?

12. You write that multiple courses of treatment with patients failing to attend would be inappropriate: will you be telling patients or writing to them to tell them this?

13. You write that multiple courses of treatment in a short time would be inappropriate. Can you confirm what would be appropriate?

14. You write that it would not be appropriate to claim a Band 2 CoT for a single item of treatment, such as extraction of a tooth. However the current regulations permit this so are stating that the regulations have changed?

15. Will dentists who were previously forced to pay back funds to PCTs and NHS England be given their money back now that you have created a policy for this?

Yours faithfully,

David Arghoo

FOI, England (NHS ENGLAND), NHS England

Dear Mr Arghoo,  

 

Thank you for your communication dated 10 March 2018.

 

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.

 

For further information regarding the FOI Act, please refer to the
Information Commissioner’s Office (ICO) website. For further information
regarding NHS England and the information it publishes please visit our
website here.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

show quoted sections

FOI, England (NHS ENGLAND), NHS England

Dear Mr. Arghoo,

 

Re:     Freedom of Information request (Our Ref: FOI-055918)

 

Thank you for your Freedom of Information (FOI) request dated 10 March
2018.

 

Your exact request was:-

 

“Re: Avoidance of Doubt:
[1]https://www.england.nhs.uk/wp-content/up...

1. Can NHS England confirm whether this policy has been authorised through
the NHS England Gateway process?

2. This seems like policy on how to operate the dental contract, it isn’t
really clinical policy so is can NHS England confirm that all NHSE dental
commissioners and contracts managers were part of the decision making
process?

3. Can NHS England supply the minutes of the relevant Board or Committee
that has decided to publish this policy?

4. The letter refers to a new QUANGO carrying its own logo called ‘OCDO’.
Is this part of NHS England or is this some new Arms Length Body? Can NHS
England confirm that this new body OCDO confirms to the NHS England
branding rules if it is part of NHS England?

5. Can NHS England supply the evidence that demonstrates that (a) there is
an access problem and (b) that phasing of courses of treatment will solve
that problem?

6. Has NHS England undertaken an Equality Impact Assessment before issuing
this policy?

7. Can NHS England confirm which part of the regulations pertaining to NHS
Dentistry specifies they phased treatment can only consist of 3 courses of
treatment?

8. How will the NHS BSA determine which courses are part of a phased plan
and which aren’t?

9. How will the BSA manage those courses that take longer than 12 months?

10. Can NHS England confirm that it is not expecting NHS dentists to
provide a full treatment plan at the time of initial examination? Does
robust plan mean a treatment plan or is this something else?

11. You write that a robust plan is not possible at the examination stage
but you also write that treatment should be detailed, isn’t this
contradictory?

12. You write that multiple courses of treatment with patients failing to
attend would be inappropriate: will you be telling patients or writing to
them to tell them this?

13. You write that multiple courses of treatment in a short time would be
inappropriate. Can you confirm what would be appropriate?

14. You write that it would not be appropriate to claim a Band 2 CoT for a
single item of treatment, such as extraction of a tooth. However the
current regulations permit this so are stating that the regulations have
changed?

15. Will dentists who were previously forced to pay back funds to PCTs and
NHS England be given their money back now that you have created a policy
for this?”

 

NHS England holds some of this information.

 

Regarding question 1: “Can NHS England confirm whether this policy has
been authorised through the NHS England Gateway process?”

 

The “Note for Avoidance of Doubt” was published in full accordance with
the extant NHS England Gateway processes and subject to NHS England legal
advice.

 

Whilst the advisory note is not “new policy”, advice was taken regarding
production, stakeholder engagement and the publication process.  Due
diligence with regard the relevant processes was completed with sign off
as part of the final NHS England Legal and Gateway processes.

 

Regarding Question 2: ”This seems like policy on how to operate the dental
contract, it isn’t really clinical policy so is can NHS England confirm
that all NHSE dental commissioners and contracts managers were part of the
decision making process?”

 

NHS England believes that this is the clarification of an existing policy,
it is not new policy.

 

Regarding Question 3: “Can NHS England supply the minutes of the relevant
Board or Committee that has decided to publish this policy?”

 

The advisory note was planned, produced and published in response to a
growing appreciation of the need for clarity regarding extant policy.  The
nature and requirement of advice has been informed by representation from
the dental profession and dental commissioners during the past 2 years at
a variety of formal and informal meetings. Minutes of these meetings are
not held by NHS England.

 

In regard to Question 4: “The letter refers to a new QUANGO carrying its
own logo called ‘OCDO’. Is this part of NHS England or is this some new
Arms Length Body? Can NHS England confirm that this new body OCDO confirms
to the NHS England branding rules if it is part of NHS England?”

 

Chief Dental Office (CDO) is CDO England and not CDO NHS England. CDO
provides professional leadership and strategic input into NHS England’s
direct commissioning of all dental services. In addition CDO provides
system wide professional and clinical leadership.  However all
branding, pantones etc. are in line with NHS England guidelines.

 

In regard to Question 5: “Can NHS England supply the evidence that
demonstrates that (a) there is an access problem and (b) that phasing of
courses of treatment will solve that problem?”

 

The advisory note is not designed to address access.  

 

In regard to Question 6: “Has NHS England undertaken an Equality Impact
Assessment before issuing this policy?”

 

The advisory note does not constitute new policy (i.e. it does not
represent a change or alteration in contract or commissioning, access or
eligibility to care), therefore there is no requirement to undertake an
Equality Impact Assessment.  

 

The clarification is designed to inform dental practitioners/contract
holders and NHS E Dental Commissioners of extant policy,  in order to
ensure a common appreciation of the nature of compliance with extant
policy and claiming procedures when providing care for high needs
patients:

 

Reference Policy and Guidance

 

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

·       [3]https://www.legislation.gov.uk/ukdsi/200...

 

·      
[4]https://www.england.nhs.uk/wp-content/up...

 

In regard to Questions 8 and 9 FOI requests to NHSBSA can be made through
their website at the following web link:

 

[5]http://www.nhsbsa.nhs.uk/FreedomOfInform...

 

In regard to the other questions raised (Questions 7 and 10 -15), please
note that the FOI Act gives you the right to ask any public sector
organisation for the recorded information they have on any subject. You
can ask for any information you think a public authority may hold. The
right only covers recorded information which includes information held on
computers, in emails and in printed or handwritten documents. Your request
can be in the form of a question, rather than a request for specific
documents, but the authority does not have to answer your question if this
would mean creating new information or giving an opinion or judgment that
is not already recorded. If a public authority does not hold recorded
information relating to your question, they will advise you that they do
not hold the information.

 

We consider that this part of your request is in pursuit of opinions. We
therefore do not hold any recorded information relevant to your request or
would not be able to discuss individual cases under the FOI route.

 

The CDO have suggested that you may wish to contact them directly
regarding these questions and are happy to respond to you directly.

 

You can contact the CDO on the web link below:

 

·       [6][email address]

 

Copyright: NHS England operates under the terms of the open government
licence. Please see the NHS England Terms and conditions on the following
link:

 

·       [7]http://www.england.nhs.uk/terms-and-cond....

 

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review. This should be requested in
writing within two months of the date of this letter. Your correspondence
should be labelled “Internal Review” and should outline your concerns
and/or the area(s) you would like the review to consider. Internal Review
requests should be sent to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [8][NHS England request email]

 

Please quote the reference number FOI-055918 in any future communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [9][email address]  

Website: [10]www.ico.org.uk

 

Please note there is no charge for making an appeal.

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [11][NHS England request email].

 

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [12][NHS England request email]

 

 

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