Duty of Candour - Short Staffing
Dear Colchester Hospital University NHS Foundation Trust,
I am writing to request information under the Freedom of Information Act 2000. I would be interested in any information held by your organisation regarding my request. I understand that I do not have to specify particular files or documents and it is the departments responsibility to provide the information I require. If you need further clarification please contact me via this website (or email). I would like to request the following information:
1) Please disclose a copy of the letter received by multiple board members from the IHPA & CCed to Rt Hon Jeremy Hunt MP regarding CEO Nick Hulme's reported embargo on informing patients about short staffing.
2) Please confirm which board members/Office Holders have received this letter by email (a list of names and job titles please).
3) Please confirm your complaints department has received it.
4) Please disclose all subsequent discussion, emails, minutes of meetings (board meetings or otherwise), and internal complaints handling documentation surrounding this.
5) Please disclose the minutes of the meeting referred to on this date:
https://www.telegraph.co.uk/news/2018/04...
6) Please disclose any communications sent to all staff reassuring them that they are free to speak up about short staffing/rota gaps - or confirm clearly if this information is not held.
7) Please confirm if the prescribed system for dealing with breaches in which one obstructs others in exercising their Duties of Candour - as set out in the CQC Guidance - has been followed in this instance and if not why not.
I would like the information to be provided by email or on this website in electronic form. If my request is denied in whole or in part I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees. I would be grateful if you could confirm in writing that you have received this request. I look forward to your response within 20 working days as outlined by the statute. Many thanks for your assistance with this request.
Yours faithfully,
Dr Colin Iain Campbell MBChB FRSPH
Dear Dr Campbell,
I am writing to acknowledge receipt of your request under the Freedom of Information Act 2000 to Colchester Hospital University NHS Foundation Trust, received on 20/06/2018. Your enquiry has been logged and forwarded to the appropriate department for action. Please note that the Act allows 20 full working days to provide a response although we will endeavour to do so before then. The deadline is calculated to be 18/07/2018.
If you have any queries regarding your request, please do not hesitate to contact me on this email address or 01206 745205.
Regards
Freedom of Information Team
Colchester Hospital University NHS Foundation Trust
Dear Dr Campbell,
Further to your request made to East Suffolk and North Essex Foundation
Trust (ESNEFT)for information relating to the above and pursuant to the
Freedom of Information Act 2000, please see the Trust’s response below.
You requested
This information is related to Colchester hospital prior to the merger
with Ipswich Hospital which happened on the 1^st July 2018.
1) Please disclose a copy of the letter received by multiple board members
from the IHPA & CCed to Rt Hon Jeremy Hunt MP regarding CEO Nick Hulme's
reported embargo on informing patients about short staffing.
2) Please confirm which board members/Office Holders have received this
letter by email (a list of names and job titles please).
3) Please confirm your complaints department has received it.
4) Please disclose all subsequent discussion, emails, minutes of meetings
(board meetings or otherwise), and internal complaints handling
documentation surrounding this.
5) Please disclose the minutes of the meeting referred to on this date:
[1]https://www.telegraph.co.uk/news/2018/04...
6) Please disclose any communications sent to all staff reassuring them
that they are free to speak up about short staffing/rota gaps - or confirm
clearly if this information is not held.
7) Please confirm if the prescribed system for dealing with breaches in
which one obstructs others in exercising their Duties of Candour - as set
out in the CQC Guidance - has been followed in this instance and if not
why not.
Thank you for your letter to Nick Hulme, the chief executive of both
Colchester and Ipswich Hospitals setting out your concerns following media
coverage about comments made at a public board. It is with much regret and
many apologies that I write to let you know that the letter was sadly
misplaced and has not been answered. This is now being addressed
immediately.
In the light of this, we are not able to respond in full to your Freedom
of Information request at this moment but will do so as soon as possible.
Please see the link below to the Trust meetings.
[2]http://www.colchesterhospital.nhs.uk/boa...
If you are dissatisfied with the way East Suffolk and North Essex
Foundation Trust (ESNEFT)has handled your request for information, you can
request a review by writing to:
Information Governance Lead/Data Protection Officer
East Suffolk and North Essex NHS Foundation Trust
Ipswich Hospital
Heath Road
Ipswich
Suffolk
IP4 5PD
If you remain dissatisfied with the handling of your request or complaint,
you have a right of appeal to the Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire,
SK9 5AF.
Telephone: 08456 30 60 60 or 01625 54 57 45 Website: [3]www.ico.gov.uk
There is no charge for making an appeal. Further information on your
rights under FOI is available here: [4]www.ico.gov.uk
This information is protected by Intellectual Property Rights and East
Suffolk and North Essex Foundation Trust (ESNEFT) does not give you
permission to make any commercial use of any part of this message. Any
copies you make must be attributed to us and you must seek permission from
the Trust if you wish to reproduce or publish this information in any
format.
Yours sincerely
Freedom of Information Team
East Suffolk and North Essex Foundation Trust (ESNEFT)
References
Visible links
1. https://www.telegraph.co.uk/news/2018/04...
2. http://www.colchesterhospital.nhs.uk/boa...
3. http://www.ico.gov.uk/
4. http://www.ico.gov.uk/
Dear East Suffolk and North Essex 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 East Suffolk and North Essex NHS Foundation Trust's handling of my FOI request 'Duty of Candour - Short Staffing'.
Note also that there is a further FOI at the end of this internal review request.
Sufficient information to locate this was provided in informing you that the board had received copies and this should have been easily located. We are concerned this is an attempt to avoid disclosure that this important letter has been ignored.
To aid you in locating this the original email was sent to the following individuals:
1)Chief Exec Nick Hulme - email: [email address]
2)Shane Jarvis - email: [email address]
3)Foundation Trust Membership - email: [email address]
4)Patient Advice & Liaison Service - email: [email address],
5) Complaints Department - email: [email address]
6)Rt Hon Jeremy Hunt MP (HSC SoS) - email: [email address]
In addition to multiple other external parties on both CC and BCC.
The original email called upon Shane Jarvis to forward the communication to other board members as follows:
"PS - Could Shane Jarvis please CC this communication to the full Board, Governers and other stakeholders."
It is unthinkable that the trust does not hold a copy of a letter of which it should hold at least 5 copies, and indeed which the complaints department ought to have investigated as a complaint was submitted.
Please could a thorough search of these inboxes be initiated, and any email chains concerning the communication be disclosed under the FOI Act.
If the trust has not investigated this matter (which is very serious) please could this be confirmed and the relevant discussion disclosed once it has occurred.
---------FURTHER FREEDOM OF INFORMATION ACT REQUEST -------------
Under the Freedom of Information Act 2000 please disclose:
1)All internal emails, discussions, minutes, or other records related to the handling of my original freedom of information act request above.
2) Your board meetings minutes record that your agency fill rate is down by around 100 shifts per week following the IR35 reforms. Could this fill rate data please be disclosed month to month over the period of November through to February 2018 for both Doctors and Nurses. (see Corporate Risk Register 1729 here http://www.colchesterhospital.nhs.uk/mee... )
Many thanks for your assistance with these requests.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
Dr Colin Iain Campbell MBChB FRSPH
Dear Colin,
Thank you for your email. This has been passed to the department to review.
We have logged your additional request.
I am writing to acknowledge receipt of your request under the Freedom of Information Act 2000 to East Suffolk and North Essex Foundation Trust (ESNEFT), received on 01/08/2018. Your enquiry has been logged and forwarded to the appropriate department for action. Please note that the Act allows 20 full working days to provide a response although we will endeavour to do so before then. The deadline is calculated to be 30/08/2018.
If you have any queries regarding your request, please do not hesitate to contact me on this email address or 01206 745205.
Regards
Freedom of Information Team
East Suffolk and North Essex Foundation trust.
Dear Dr. Campbell,
Thank you for your request for Trust information:
1) Please disclose a copy of the letter received by
multiple board members from the IHPA & CCed to Rt Hon Jeremy Hunt MP
regarding CEO Nick Hulme's reported embargo on informing patients about
short staffing.
2) Please confirm which board members/Office Holders have
received this letter by email (a list of names and job titles please).
3) Please confirm your complaints department has received
it.
4) Please disclose all subsequent discussion, emails,
minutes of meetings (board meetings or otherwise), and internal complaints
handling documentation surrounding this.
5) Please disclose the minutes of the meeting referred to
on this date:
[1]https://www.telegraph.co.uk/news/2018/04...
6) Please disclose any communications sent to all staff
reassuring them that they are free to speak up about short staffing/rota
gaps - or confirm clearly if this information is not held.
7) Please confirm if the prescribed system for dealing
with breaches in which one obstructs others in exercising their Duties of
Candour - as set out in the CQC Guidance - has been followed in this
instance and if not why not.
We received your request for an internal review as follows:
I am writing to request an internal review of East Suffolk and North Essex
NHS Foundation Trust's handling of my FOI request 'Duty of Candour - Short
Staffing'.
Note also that there is a further FOI at the end of this internal review
request.
Sufficient information to locate this was provided in informing you that
the board had received copies and this should have been easily located. We
are concerned this is an attempt to avoid disclosure that this important
letter has been ignored.
To aid you in locating this the original email was sent to the following
individuals:
1) Chief Exec Nick Hulme - email:
[2][email address]
2) Shane Jarvis - email:
[3][email address]
3) Foundation Trust Membership - email:
[4][email address]
4) Patient Advice & Liaison Service - email:
[5][email address],
5) Complaints Department - email:
[6][email address]
6) Rt Hon Jeremy Hunt MP (HSC SoS) - email: [7][email address]
In addition to multiple other external parties on both CC and BCC.
The original email called upon Shane Jarvis to forward the communication
to other board members as follows:
"PS - Could Shane Jarvis please CC this communication to the full Board,
Governors and other stakeholders?"
It is unthinkable that the trust does not hold a copy of a letter of which
it should hold at least 5 copies, and indeed which the complaints
department ought to have investigated as a complaint was submitted.
Please could a thorough search of these inboxes be initiated, and any
email chains concerning the communication be disclosed under the FOI Act.
If the trust has not investigated this matter (which is very serious)
please could this be confirmed and the relevant discussion disclosed once
it has occurred.
Your internal review has been completed in in accordance with Trust’s FOI
Policy and Procedures.
We are pleased to inform you that the information will be released to you
as follows:
Please find attached a review letter.
We have also attached the Colchester Hospital’s policy on the Freedom to
Speak Up process, and on Being Open and Duty of Candour.
If you have any queries about the enclosed information please contact us.
The Public Sector Information Regulations provide a framework for public
sector organisations to licence the re-use of their information. Please
request a re-use licence in order to re-use the information. Without the
necessary permission, you can breach our copyright.
Brief extracts of any material may be reproduced without our permission,
under the “fair dealing” provisions of the Copyright, Designs and Patents
Act 1988 for the purposes of research for non-commercial purposes; private
study; criticism; review and news reporting. All are subject to an
acknowledgement of ourselves as the copyright owner. For guidance notes
on a range of copyright issues, see the Office of Public Sector
Information web site.
If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: [8]www.ico.gov.uk
There is no charge for making an appeal.
We hope that we have been able to answer your query to your satisfaction
and that you find the information provided useful.
Regards,
Amy Witham
Information Governance Administrative Assistant
East Suffolk and North Essex NHS Foundation Trust
Based at: Ipswich Hospital NHS Trust
Email: [9][email address]
References
Visible links
1. https://www.telegraph.co.uk/news/2018/04...
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[email address]
7. mailto:[email address]
8. http://www.ico.gov.uk/
9. mailto:[email address]
Thank you for your recent enquiry regarding information held by the East
Suffolk and North Essex NHS Foundation Trust. Please note that this
response is on behalf of Colchester Hospital only:
Under the Freedom of Information Act 2000 please disclose:
1) All internal emails, discussions, minutes, or other
records related to the handling of my original freedom of information act
request above.
2) Your board meetings minutes record that your agency
fill rate is down by around 100 shifts per week following the IR35
reforms. Could this fill rate data please be disclosed month to month over
the period of November through to February 2018 for both Doctors and
Nurses. (see Corporate Risk Register 1729 here
[1]http://www.colchesterhospital.nhs.uk/mee...)
Your enquiry has been dealt with in accordance with the Trust’s Freedom of
Information Act 2000 Policy and Procedures. We are pleased to enclose the
information you requested:
1) All internal emails, discussions, minutes, or other
records related to the handling of my original freedom of information act
request above.
Please find attached the records related to the handling of your original
Freedom of Information request.
2) Your board meetings minutes record that your agency
fill rate is down by around 100 shifts per week following the IR35
reforms. Could this fill rate data please be disclosed month to month over
the period of November through to February 2018 for both Doctors and
Nurses. (see Corporate Risk Register 1729 here
[2]http://www.colchesterhospital.nhs.uk/mee...)
Qualified Nurses:
Agency
Filled
Shifts
November 812
2017
December 719
2017
January 767
2018
February 705
2018
Doctors;
15th January 2018 onwards provided by Litmus
15/01/18-31/01/18 - 97.6%
01/02/18-28/02/18 - 95.6%
Data below provided by Pertemps;
November December
2017 2017
Shifts
Received 1125 1072
Pertemps Fill 485 537
Subcontractors
Fill 232 305
Covered
internally 278 141
Unfilled 128 89
% Fill Rate 84.65% 90%
If you have any queries about the enclosed information please contact us,
The Public Sector Information Regulations provide a framework for public
sector organisations to licence the re-use of their information. Please
request a re-use licence in order to re-use the information. Without the
necessary permission, you can breach our copyright.
Brief extracts of any material may be reproduced without our permission,
under the “fair dealing” provisions of the Copyright, Designs and Patents
Act 1988 for the purposes of research for non-commercial purposes; private
study; criticism; review and news reporting. All are subject to an
acknowledgement of ourselves as the copyright owner. For guidance notes
on a range of copyright issues, see the Office of Public Sector
Information web site.
If you are unhappy with the service you have received in relation to your
request you should write to us. Please also contact us if you require a
copy of our Freedom of Information Act 2000 Complaints Procedure. Any
complaints you wish to make in relation to Environmental Information
Regulations (EIR) requests, must be sent to us within 40 working days of
receipt of this letter.
If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: [3]www.ico.org.uk
There is no charge for making an appeal.
We hope that we have been able to answer your query to your satisfaction
and that you find the information provided useful.
Regards,
Amy Witham
Information Governance Administrative Assistant
East Suffolk and North Essex NHS Foundation Trust
Based at: Ipswich Hospital NHS Trust
Email: [4][email address]
References
Visible links
1. http://www.colchesterhospital.nhs.uk/mee...
2. http://www.colchesterhospital.nhs.uk/mee...
3. http://www.ico.org.uk/
4. mailto:[email address]
Dear FOI Requests CGH,
Sorry the link to the corporate risk register is down giving a 404 error (file not found). Could the original file please be supplied. Many thanks. Many thanks for your response previously and I will mark it as information received upon receiving the linked file.
Yours sincerely,
Dr Colin Iain Campbell MBChB FRSPH
Dear Dr. Campbell,
Apologies - please find attached a saved version of the PDF. Hopefully
this will work for you.
Please do not hesitate to contact us if you have any further questions,
Kind regards,
Amy
Amy Witham
Information Governance Administrative Assistant
East Suffolk and North Essex NHS Foundation Trust
Based at: Ipswich Hospital
Email: [1][email address]
Telephone: 01473 702878 ext 1878
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now