Freedom of Information request - Direct Engagement of Locum Staff using third parties

The request was successful.

Dr Colin Iain Campbell MBChB FRSPH

Dear Wye Valley NHS Trust,

Freedom of Information request - Direct Engagement of Locum Staff using third parties

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. Does your organization use a Direct Engagement scheme?
2. If so, who provides it? And when did you start using it?
3. Did you take external legal advice before entering into it and, if so, from whom did you take external legal advice?
4. What has your total locum/temporary staffing spend since you started using the scheme? If you started using the scheme before April 2017 please also state the total locum/temporary staffing spend since April 2017.
5. How does the third party direct engagement facilitator save you money on the agency spend? Please answer in short point form
6. How much has been paid to the third party direct engagement facilitator thus far?
7. Was this payment calculated as a percentage of the savings generated by employing the services of the third party direct engagement facilitator? If so, what percentage is this?

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

Clark, Susan, Wye Valley NHS Trust

WYE VALLEY NHS TRUST

Email: [Wye Valley NHS Trust request email]

23rd May 2018

Dear Sir

FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST 6769

Thank you for your request for information received by Wye Valley NHS Trust, for Freedom of Information purposes on 21st May 2018. I am dealing with it under the terms of the Freedom of Information Act 2000.

You will receive the information requested within 20 working days unless the Trust does not hold the information or there is a reason for it to be withheld. I will write to you in any event

In some circumstances a fee may be payable and if that is the case I will let you know. A fees notice will be issued to you, and you will be required to pay before I will proceed to deal with your request.

If you have any queries or concerns then please contact me, contact details are given at the top of the letter.

Further information about Freedom of Information Act 2000 is also available from the Information Commissioner at:

Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone: 01625 545 745 www.ico.gov.uk

Yours faithfully
Sue Clark

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Dr Colin Iain Campbell MBChB FRSPH

Dear Clark, Susan,

RAPID REVIEW:

It has been three months with no reply (request 18th May 2018) and you are clearly in breach of the Freedom of Information Act by a monumental failure to respond promptly to my request which vastly exceeds the prescribed 20 days.

Please disclose the information in full by close of play today as I have waited more than long enough for this, and I am concerned this may be deliberate evasion.

---------Further Freedom of Information Act 200 Request:--------

1) Please disclose all internal emails, discussions, documents, recorded telephone calls, or other information in a recorded format relating to the handling of my FOI request.
2) All communications with any direct engagement provider you may have since the date of my original FOI, including any subsequent negotiations.
3) Details of how the procurement of any direct engagement provider you may use was conducted, by whom, and what details the trust hold about the operation of any scheme.
4) If you have a provider, what supply is being made to you by the Direct Engagement provider?

Yours sincerely,

Dr Colin Iain Campbell MBChB FRSPH

Clark, Susan, Wye Valley NHS Trust

I am no longer at Wye Valley NHS Trust

 

If your enquiry concerns Freedom of Information please email
[Wye Valley NHS Trust request email]

 

All other emails will not be read

 

 

Thank you

Sue Clark

“Any opinion expressed in this e-mail or any attached files are those of
the individual and not necessarily those of Herefordshire Council,
Herefordshire Clinical Commissioning Group (HCCG), Wye Valley NHS Trust or
2gether NHS Foundation Trust. You should be aware that Herefordshire
Council, Herefordshire Clinical Commissioning Group (HCCG), Wye Valley NHS
Trust & 2gether NHS Foundation Trust monitors its email service. This
e-mail and any attached files are confidential and intended solely for the
use of the addressee. This communication may contain material protected by
law from being passed on. If you are not the intended recipient and have
received this e-mail in error, you are advised that any use,
dissemination, forwarding, printing or copying of this e-mail is strictly
prohibited. If you have received this e-mail in error please contact the
sender immediately and destroy all copies of it.”

Dr Colin Iain Campbell MBChB FRSPH

Dear Wye Valley NHS Trust,

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

I am writing to request an internal review of Wye Valley NHS Trust's handling of my FOI request 'Freedom of Information request - Direct Engagement of Locum Staff using third parties'.

Kindly see our other messages. We have also tried to contact Susan Clark as you will see in the correspondence log below.

Please note the additional FOI contained in the message which I have pasted here:

Dear Clark, Susan,

RAPID REVIEW:

It has been three months with no reply (request 18th May 2018) and you are clearly in breach of the Freedom of Information Act by a monumental failure to respond promptly to my request which vastly exceeds the prescribed 20 days.

Please disclose the information in full by close of play today as I have waited more than long enough for this, and I am concerned this may be deliberate evasion.

---------Further Freedom of Information Act 200 Request:--------

1) Please disclose all internal emails, discussions, documents, recorded telephone calls, or other information in a recorded format relating to the handling of my FOI request.
2) All communications with any direct engagement provider you may have since the date of my original FOI, including any subsequent negotiations.
3) Details of how the procurement of any direct engagement provider you may use was conducted, by whom, and what details the trust hold about the operation of any scheme.
4) If you have a provider, what supply is being made to you by the Direct Engagement provider?

Yours sincerely,

Dr Colin Iain Campbell MBChB FRSPH

Whatdotheyknow.com does not disclose individual emails. This should be going to the direct FOI email address.

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

Yours faithfully,

Dr Colin Iain Campbell MBChB FRSPH

Information, Freedom (WVT), Wye Valley NHS Trust

Your email has reached the mailbox of the Freedom of Information
Coordinator of Wye Valley NHS Trust.

 

If your enquiry is a Freedom of Information Request please take this as an
acknowledgement, and your request will be responded to within 20 working
days.

 

Yours faithfully,

 

Freedom of Information Coordinator

Wye Valley NHS Trust

Monkmoor Court

31-34 Commercial Road

Hereford

HR1 2DX

 

“This e-mail, together with any attachments is intended for the named
addressee(s) only.  It contains information which may be confidential and
which may also be privileged.  Unless you are the named addressee, you may
neither copy nor disclose it to anyone else.  If you have received it in
error, please notify me immediately by return e-mail and delete the
message from the computer.

 

Please note that Wye Valley NHS Trust may monitor e-mails sent by you to
the Trust in accordance with current legislation.”

“Any opinion expressed in this e-mail or any attached files are those of
the individual and not necessarily those of Herefordshire Council,
Herefordshire Clinical Commissioning Group (HCCG), Wye Valley NHS Trust or
2gether NHS Foundation Trust. You should be aware that Herefordshire
Council, Herefordshire Clinical Commissioning Group (HCCG), Wye Valley NHS
Trust & 2gether NHS Foundation Trust monitors its email service. This
e-mail and any attached files are confidential and intended solely for the
use of the addressee. This communication may contain material protected by
law from being passed on. If you are not the intended recipient and have
received this e-mail in error, you are advised that any use,
dissemination, forwarding, printing or copying of this e-mail is strictly
prohibited. If you have received this e-mail in error please contact the
sender immediately and destroy all copies of it.”

Information, Freedom (WVT), Wye Valley NHS Trust

1 Attachment

Dear Dr Campbell,

I acknowledge receipt of your request for an internal review into the processing of your Freedom of Information Request which was dated 15 August 2018.

Please accept our sincere apologies for the delay in replying to your request. I can confirm that a review of the Freedom of Information process has been undertaken over the past two weeks and it has been identified that delays in responding to requests have been incurred due to organisational changes and staff movement.

As a result our internal processes have been reviewed and updated and the responsibility for responding to Freedom of Information requests has been transferred to the Information Governance Team.

I trust that our response will satisfy you and I would like to thank you for your patience and understanding.

Yours sincerely,

Freedom of Information Coordinator
Wye Valley NHS Trust
Monkmoor Court
31-34 Commercial Road
Hereford
HR1 2DX

“This e-mail, together with any attachments is intended for the named addressee(s) only. It contains information which may be confidential and which may also be privileged. Unless you are the named addressee, you may neither copy nor disclose it to anyone else. If you have received it in error, please notify me immediately by return e-mail and delete the message from the computer.

Please note that Wye Valley NHS Trust may monitor e-mails sent by you to the Trust in accordance with current legislation.”

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Dr Colin Iain Campbell MBChB FRSPH

Dear Wye Valley NHS Trust,

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

I am writing to request an internal review of Wye Valley NHS Trust's handling of my FOI request 'Freedom of Information request - Direct Engagement of Locum Staff using third parties'.

INTERNAL REVIEW:

Seeking clarification on the point about external legal advice please consider this an internal review on that point.

1)E&Y is known to work with the named Direct Engagement provider's VAT model - it is therefore not clear to us here that this is necessarily external advice from an SRA regulated legal professional, but rather from the company providing the service itself. Could you please clarify whether this was external advice you sought or provided through an arrangement with the direct engagement scheme provider.

---------- Further Freedom of Information Act 2000 Request -------------------------

With respect to the claimed legal advice from E&Y please disclose the following under the Freedom of Information Act 2000:

1) How much did the trust pay to E&Y for this
2) The invoice for this amount showing that the trust has been invoiced
3) If there is no invoice and/or the trust did not pay E&Y directly for this please explain whether this was as a result of a contractual arrangement with the direct engagement provider themselves
4)Please disclose a copy of any advice given.
5) Specifically please confirm whether this is as a result of HTE Frameworks: 'TWS Lot 5 Specification' Section 5 clauses 5.1 and 5.2 (see pg 21), in which case the advice is patently NOT external legal advice as it has come form the provider of the scheme who has an obvious potential conflict of interests by having a financial interest in the trust adopting the scheme.
6) IF any opinion occurred as a result of the terms in TWS Lot 5 section 5 clause 5.1 then it is a contractual requirement that it is provided by a Bar Council or Solicitors Regulatory Authority regulated individual subject to audit please disclose:
a) The name of this individual
b) Their SRA or Bar Council registration details.

There is overwhelming public interest here in that supply of healthcare/medical services whose VAT exemption is relied upon by healthcare services based Direct Engagement Schemes may be incompatible with inside IR35 assessments ,and additionally appear incompatible with clauses within framework agreements. Many thanks for your assistance with this matter.

Please also release:
8) All emails between you and Total Workforce Solutions/HTE Framework, or other framework relating to the procurement of this service.

9) Additionally please release all emails in the last 12 months from Gary Snart of HTE Framework/TWS (either [email address] , or [email address] ) and the following people:
a) Director of Workforce - or equivalent role.
b) CEO
c) Temporary Staffing Department.

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

Yours faithfully,

Dr Colin Iain Campbell MBChB FRSPH

Information, Freedom (WVT), Wye Valley NHS Trust

1 Attachment

Dear Dr Campbell,

Please find attached our response to your request for clarification for Freedom of Information request 6769. Your other Freedom of Information requests are being processed under numbers 6945 re: related Trust correspondence for FOI 6769, and 6946 regarding legal advice from EY.

Yours sincerely,

Freedom of Information Coordinator
Wye Valley NHS Trust
Monkmoor Court
31-34 Commercial Road
Hereford
HR1 2DX

“This e-mail, together with any attachments is intended for the named addressee(s) only. It contains information which may be confidential and which may also be privileged. Unless you are the named addressee, you may neither copy nor disclose it to anyone else. If you have received it in error, please notify me immediately by return e-mail and delete the message from the computer.

Please note that Wye Valley NHS Trust may monitor e-mails sent by you to the Trust in accordance with current legislation.”

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Information, Freedom (WVT), Wye Valley NHS Trust

1 Attachment

Dear Dr Campbell,

Please find attached our response to your Freedom of Information request, reference 6946.

Yours sincerely,

Freedom of Information Coordinator
Wye Valley NHS Trust
Monkmoor Court
31-34 Commercial Road
Hereford
HR1 2DX

“This e-mail, together with any attachments is intended for the named addressee(s) only. It contains information which may be confidential and which may also be privileged. Unless you are the named addressee, you may neither copy nor disclose it to anyone else. If you have received it in error, please notify me immediately by return e-mail and delete the message from the computer.

Please note that Wye Valley NHS Trust may monitor e-mails sent by you to the Trust in accordance with current legislation.”

show quoted sections

Information, Freedom (WVT), Wye Valley NHS Trust

2 Attachments

Dear Dr Campbell,

Please find attached our response to your Freedom of Information request, reference 6945.

Yours sincerely,

Freedom of Information Coordinator
Wye Valley NHS Trust
Monkmoor Court
31-34 Commercial Road
Hereford
HR1 2DX

“This e-mail, together with any attachments is intended for the named addressee(s) only. It contains information which may be confidential and which may also be privileged. Unless you are the named addressee, you may neither copy nor disclose it to anyone else. If you have received it in error, please notify me immediately by return e-mail and delete the message from the computer.

Please note that Wye Valley NHS Trust may monitor e-mails sent by you to the Trust in accordance with current legislation.”

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