Fit and Proper Persons

The request was successful.

Dear University Hospitals Birmingham NHS Foundation Trust,

Please advise for the period 1 April 2016 to the present day:

1) How many concerns have been raised under CQC Regulation 5 Fit and Proper Persons about trust directors?
2) How many investigations/reviews have been triggered as a result of any such concerns?
3) How of these investigations/ reviews were externally conducted?
4) What parties have been commissioned to undertake external FPPR investigations/ reviews?
5) Can the trust give a total figure for the cost of all external FPPR investigations/ reviews undertaken in this period?

Yours faithfully,

Martin Morton

FOI, University Hospitals Birmingham NHS Foundation Trust

1 Attachment

Our reference: FOI 0303

Dear Martin,

Thank you for your request for information. The Trust's response is provided in the attached document.

University Hospitals Birmingham NHS Foundation Trust (UHB) completed a merger by acquisition of Heart of England NHS Foundation Trust (HEFT) on 1st April 2018.

UHB is one of the largest teaching hospital trusts in England, serving a regional, national and international population. It includes Birmingham Heartlands Hospital, the Queen Elizabeth Hospital Birmingham, Solihull Hospital and Community Services, Good Hope Hospital in Sutton Coldfield and Birmingham Chest Clinic. We also run a number of smaller satellite units, allowing people to be treated as close to home as possible. We see and treat more than 2.2 million people every year across our sites and our hospitals deliver more babies than anywhere else in Europe. We employ 20,000 staff and have an annual turnover of nearly £1.5 billion.

If you are unhappy with the service you have received in relation to your request and wish to request a review of our decision, you should email [email address] or write to the Information Governance Lead , Corporate Affairs, 3rd Floor, Nuffield House, Queen Elizabeth Hospital, Birmingham, B15 2GW

If you are not content with the outcome of your review, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by our trust. The Information Commissioner can be contacted at:

Information Commissioner's Office Wycliffe House Water Lane, Wilmslow, Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or

Kind regards,

Freedom of Information Team

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Sarah Favell, University Hospitals Birmingham NHS Foundation Trust

2 Attachments

Dear Mr Morton

It has come to my attention that the information provided to you within our reply to your FOIA request was incorrect. I have conducted a brief investigation into how this may have occurred and it would appear that there may have been a miscommunication between the relevant members of our Corporate Affairs department. My sincere apologies for this error.

Please see attached email from myself to the Director of Corporate Affairs dated 23 August which provided the correct information but which unfortunately did not reach the FOIA team processing your initial request. I can confirm that during the relevant period the Trust has been made aware of one incident of concern raised under Reg. 5 Fit and Proper Persons. This concern was reviewed with the support of the external legal firm responsible for the management of related matters with an approximate cost of £5000 for the review and related matters.

Should you have any queries regarding this email please do not hesitate to contact me directly.

Yours sincerely

Sarah Favell

Sarah Favell
Deputy Director of Corporate Affairs, Legal and Risk
Tel: 0121 371 3655
Internal: 13655
[mobile number]
Email: [email address]

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Peter C. Bell left an annotation ()

Incorrect response to FOI request. And then publication of the email trail which showed that the correct response was known 20 days before the incorrect response was published!

Admin error (as claimed by Trust)!!

Peter C. Bell left an annotation ()

Notice as well that the Trust breached section 10(1) which requires the Trust to "comply with section 1(1) promptly ...".

The Trust had the relevant information by 26 August 2019, 4 days after the FOI request was made, but held off from providing the (false) response until 23 September 2019.

This clearly shows that they ignored the "promptly" requirement and simply waited for the timer on the twentieth working day to run down. I wonder how many other FOI respondents do this?