Ernst and Young Recommendations

Jane Smith made this Freedom of Information request to Bedford Hospital NHS Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Waiting for an internal review by Bedford Hospital NHS Trust of their handling of this request.

Dear Bedford Hospital NHS Trust,

I would grateful if you would send me a copy of the Ernst and Young paper which was submitted to the Trust's EMB.

This paper outlined the outcome of their initial investigations into the Trust and identified areas of improvement and cost savings.

If you are planning to state this is only a draft which will be available in the future then please be specific about the date when this will be available.

Yours faithfully,

Jane Smith

Alan Dickinson, Bedford Hospital NHS Trust

 

 

Freedom of Information Act

 

Acknowledgement of Request for Information

 

 

I acknowledge receipt on 12 January 2012  of your request  dated 11
January.

 

I confirm that your request is being considered and I will let you have

 

    A fees notice, outlining the cost

  xThe information requested, at no cost OR

   An explanation of why your request cannot be met.

I will do my best to reply within 20 working days from the date of receipt
 ie 9 February 2012

Alan Dickinson
Trust Board Secretary,
Bedford Hospital
tel 01234 795901or 01234 355122 x2491 Fax 01234 218106

 

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Alan Dickinson, Bedford Hospital NHS Trust

3 Attachments

Please see attached reply

 

Alan Dickinson
Trust Board Secretary,
Bedford Hospital
tel 01234 795901or 01234 355122 x2491 Fax 01234 218106

From: Alan Dickinson
Sent: 12 January 2012 13:47
To: '[FOI #100113 email]'
Subject: FW: FOI request 984 EY report

 

 

 

Freedom of Information Act

 

Acknowledgement of Request for Information

 

 

I acknowledge receipt on 12 January 2012  of your request  dated 11
January.

 

I confirm that your request is being considered and I will let you have

 

    A fees notice, outlining the cost

  xThe information requested, at no cost OR

   An explanation of why your request cannot be met.

I will do my best to reply within 20 working days from the date of receipt
 ie 9 February 2012

Alan Dickinson
Trust Board Secretary,
Bedford Hospital
tel 01234 795901or 01234 355122 x2491 Fax 01234 218106

 

show quoted sections

Dear Bedford Hospital NHS Trust,

Thank you for your response however I do not wish to have a summary of the report but the whole detailed report. If that was never taken out of draft then a copy of the draft version will be sufficient.

Yours faithfully,

Jane Smith

Alan Dickinson, Bedford Hospital NHS Trust

1 Attachment

Please find attached the response to your request of 8 February for a
review.

 

Alan Dickinson
Trust Board Secretary,
Bedford Hospital
tel 01234 795901or 01234 355122 x2491 Fax 01234 218106

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Dear Mr Dickinson,

I am somewhat disappointed with your response. However, I would like to offer Bedford Hospital the opportunity to resolve the request before I consider asking the Information Commissioners Office to undertake a review of the Trust’s handling of this request.

The reasons why I believe you have not dealt with the request lawfully as laid out in your duties under the Freedom of Information Act 2000 are as follows:

Draft Document
You stated;
“This paper outlined the outcome of their initial investigations into the Trust and identified areas of improvement and cost savings. The paper considered was a draft, and a summary has now been prepared, a copy of which is attached, together with a staff briefing on the Transforming for Excellence project.”

The activity was undertaken by Ernst and Young on the instruction of the Trust and therefore for the purposes of the FOIA this information is held by Bedford Hospitals. This is as defined by the FOIA where for the purposes of the Act, information is held by a public authority if it is held by the authority, otherwise than on behalf of another person, or it is held by another person on behalf of the authority.

Even if the trust can claim the information is not held by themselves (which I believe unlikely as it was presented to the Board) , it would be on their behalf by Ernst and Young who were engaged to undertake the work.

You state the paper considered was a draft and therefore could not be released, as it is information which is held by the Trust. You have not relied on the exemption relating to the future publication of the information as there is no date set and in any event it would be in the public interest to release the information. I have detailed the reasoning for this below.

It is therefore not acceptable to state

1. This paper outlined the outcome of their initial investigations into the Trust and identified areas of improvement and cost savings.
2. The paper considered was a draft, and a summary has now been prepared, a copy of which is attached, together with a staff briefing on the Transforming for Excellence project.

In lieu of a final document having already been finalised, please provide the complete paper detailing the findings of the initial investigations.

Commercial Interests

The first internal review subsequently introduced a further exemption – commercial interests - but you have not identified whose commercial interests would be affected by the release of the information, which sub-section applies, how the public intest test has been considered, or why the whole document rather than just smaill potions have been withheld.

The trust is not operating in a commercial environment in this case and therefore this exemption cannot apply. This exemption to release relates to a person’s ability to participate competitively in a commercial activity, i.e. the purchase and sale of goods or services. This is not relevant and the commercial interests exemption is separate to the financial interests of the Trust.

In any event, the public interest would lie in favour of release as it would :

• facilitate the accountability and transparency of the Trust for decisions taken by them;
• facilitate accountability and transparency in the spending of public money;
• allow individuals to understand decisions made by public authorities affecting their lives and, in some cases, assist individuals in challenging those decisions;

I therefore look forward to receiving the information by return so we can move forward without external involvement.

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

Yours faithfully,

Jane Smith

Alan Dickinson, Bedford Hospital NHS Trust

I confirm receipt of your email of 28 March.
I am seeking further advice and will come back to you as soon as I can.
Alan Dickinson
Trust Board Secretary,
Bedford Hospital
tel 01234 795901or 01234 355122 x2491 Fax 01234 218106

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Dear Alan Dickinson,

I would be grateful if you would let me know when I will be receiving the information as requested?

My original request was dated in January 2012 with your latest response received on 29th March 2012.

Yours sincerely,

Jane Smith

Alan Dickinson, Bedford Hospital NHS Trust

I will be out of the office on the afternoons of 4th and 8th May

.If it's urgent, please contact my secretary, Rosemary Roberts

 

 

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Alan Dickinson, Bedford Hospital NHS Trust

Dear Jane Smith,
I am advised to make available to you the document, with commercially confidential and personal data redacted. I will do so, but it is considered that the document you receive will be little different from the version prepared for publication, which you already have.
Yours sincerely,
Alan Dickinson
Trust Board Secretary,
Bedford Hospital
tel 01234 795901or 01234 355122 x2491 Fax 01234 218106

show quoted sections

Dear Alan Dickinson,

Thank you for your email dated 10th May however I am still awaiting the information which I find very disappointing.

I acknowledge that the Trust has chosen to withold information (again I find this approach very disappointing given that public money has been used to fund the report which was supplied by Ernst and Young and yet the public is not being allowed to see the outcome of this money) however I am sure you will annotate each section which is redacted quoting the relevant exemption you are applying and why that exemption applies.

Yours sincerely,

Jane Smith

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