Health and Care Executive Minutes

The request was successful.

Dear Cambridgeshire and Peterborough Sustainability and Transformation Programme,

Could you please release the minutes of meetings of the Health and Care Executive which have been held to-date; along with the agenda for any upcoming meeting(s).

I would like to suggest the papers for Health and Care Executive meetings, and those for the partnership's other key committees, are pro-actively published on the partnership's website in the future.

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG),

Dear Mr Taylor

 

I am writing to acknowledge receipt of your request made under the Freedom
of Information Act 2000 which was received on 30 August 2017.  The CCG
will respond within twenty working days from this date.

 

Yours sincerely

 

 

Simon Barlow
Governance Support Manager
Cambridgeshire and Peterborough Clinical Commissioning Group
01733  847360
E-mail:  [1][email address]

[2]www.cambridgeshireandpeterboroughccg.nhs.uk

Zone B, City Care Centre

Thorpe Road, Peterborough PE3 6DB

 

Cambridge office

Lockton House, Clarendon Road, Cambridge, CB2 8FH.  Reception: Tel: 01223
725400

 

This message may contain confidential and privileged information. If you
are not the intended recipient please accept our apologies. Please do not
disclose copy or distribute information in this email or take any action
in reliance on its contents: to do so is strictly prohibited and may be
unlawful. Please inform us that this message has gone astray before
deleting it. Thank you for your co-operation.

 

 

 

show quoted sections

JOHNSON, Teresa (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG),

1 Attachment

 

Dear Mr Taylor

 

Please find attached the response to your recent Freedom of Information
request.

 

Yours sincerely 

 

 

Simon Barlow
Governance Support Manager
Cambridgeshire and Peterborough Clinical Commissioning Group
01733  847360
E-mail:  [1][email address]

[2]www.cambridgeshireandpeterboroughccg.nhs.uk

Zone B, City Care Centre

Thorpe Road, Peterborough PE3 6DB

 

Cambridge office

Lockton House, Clarendon Road, Cambridge, CB2 8FH.  Reception: Tel: 01223
725400

 

This message may contain confidential and privileged information. If you
are not the intended recipient please accept our apologies. Please do not
disclose copy or distribute information in this email or take any action
in reliance on its contents: to do so is strictly prohibited and may be
unlawful. Please inform us that this message has gone astray before
deleting it. Thank you for your co-operation.

 

 

 

 

From: freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG)
Sent: 04 September 2017 09:55
To: '[FOI #427686 email]'
Subject: C&P CCG FOI REquest: Ref FOI 145-17/18: HCE

 

Dear Mr Taylor

 

I am writing to acknowledge receipt of your request made under the Freedom
of Information Act 2000 which was received on 30 August 2017.  The CCG
will respond within twenty working days from this date.

 

Yours sincerely

 

 

Simon Barlow
Governance Support Manager
Cambridgeshire and Peterborough Clinical Commissioning Group
01733  847360
E-mail:  [3][email address]

[4]www.cambridgeshireandpeterboroughccg.nhs.uk

Zone B, City Care Centre

Thorpe Road, Peterborough PE3 6DB

 

Cambridge office

Lockton House, Clarendon Road, Cambridge, CB2 8FH.  Reception: Tel: 01223
725400

 

This message may contain confidential and privileged information. If you
are not the intended recipient please accept our apologies. Please do not
disclose copy or distribute information in this email or take any action
in reliance on its contents: to do so is strictly prohibited and may be
unlawful. Please inform us that this message has gone astray before
deleting it. Thank you for your co-operation.

 

 

 

 

show quoted sections

Dear Cambridgeshire and Peterborough Sustainability and Transformation Programme (STP),

I am writing to request an internal review into the STP's failure to respond to my Freedom of Information request for the minutes of meetings of the Health and Care Executive which I submitted to the STP on the 30th of August 2017.

Cambridgeshire and Peterborough Sustainability and Transformation Programme, also known as "Fit for the Future NHS" and the "Cambridgeshire and Peterborough Sustainability and Transformation Partnership" is a public body subject to the Freedom of Information Act in its own right as it is a partnership where all partners are themselves public bodies. The body is a formal partnership set up via the "Cambridgeshire and Peterborough Sustainability and Transformation Programme Memorandum of Understanding: Cambridgeshire & Peterborough Health and Care System – a Partnership for implementing the Sustainability & Transformation Plan" Date effective: 1 October 2016 which is available at:

http://www.fitforfuture.org.uk/wp-conten...

The STP is an organisation which has its own "independent chair", a "programme director" and staff; the organisation is overseen by a board, the minutes of which were the subject of the FOI request.

I note elsewhere STPs respond to FOI requests in their own right eg.

http://kentandmedway.nhs.uk/stp/freedom-...

While I have received correspondence apparently related to my request from Cambridgeshire and Peterborough's Clinical Commissioning Group I expect a response from the Cambridgeshire and Peterborough Sustainability Programme itself.

My request was sent to the STP's published contact address of [email address] and was clearly addressed "Dear Cambridgeshire and Peterborough Sustainability and Transformation Programme".

I would like the STP to acknowledge both my request for information, and my request for an internal review.

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

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG),

1 Attachment

Dear Mr Taylor

Please find attached the response to your recent query/Internal review
request concerning FOI Ref 145-17/18 – which you  sent through to the C&P
STP e-mail address on 29 September 2017.

Yours sincerely

Simon Barlow
Governance Support Manager
Cambridgeshire and Peterborough Clinical Commissioning Group
01733  847360
E-mail:  [1][email address]

[2]www.cambridgeshireandpeterboroughccg.nhs.uk

Zone B, City Care Centre

Thorpe Road, Peterborough PE3 6DB

 

Cambridge office

Lockton House, Clarendon Road, Cambridge, CB2 8FH.  Reception: Tel: 01223
725400

 

This message may contain confidential and privileged information. If you
are not the intended recipient please accept our apologies. Please do not
disclose copy or distribute information in this email or take any action
in reliance on its contents: to do so is strictly prohibited and may be
unlawful. Please inform us that this message has gone astray before
deleting it. Thank you for your co-operation.

 

 

 

 

show quoted sections

Richard Taylor left an annotation ()

I discussed the way this request has been dealt with when I met the NHS' Chief Operating Officer to urge greater transparency:

http://www.rtaylor.co.uk/nhs-transparenc...

Richard Taylor left an annotation ()

I have asked the Information Commissioner to determine if the STP is subject to the Freedom of Information Act:

"
Information Commissioner,

I am writing to make an application pursuant to Section 50 of the Freedom of Information Act 2000 for a decision from the Information Commissioner on if Cambridgeshire and Peterborough Sustainability and Transformation Programme have dealt with my request of the 30th of August 2017 for their Health and Care Executive Minutes in accordance with the Act.

All correspondence related to the request can be viewed online at:

https://www.whatdotheyknow.com/request/h...

The key question I think is if the Cambridgeshire and Peterborough Sustainability and Transformation Programme, also known as "Fit for the Future NHS" and the "Cambridgeshire and Peterborough Sustainability and Transformation Partnership" is a public body subject to the Freedom of Information Act in its own right.

I think the body has the character of an independent body and ought be subject to the Act under the provisions of Section 6. The body is an organisation which has its own "independent chair", a "programme director", staff as well as its own website, and independent social media presence.

The organisation's founding document appears to be at:

https://www.fitforfuture.org.uk/wp-conte...

this shows all members of the organisation are public bodies.

I note some equivalent bodies elsewhere respond to Freedom of Information Act requests in their own right, for example:

http://kentandmedway.nhs.uk/stp/freedom-...

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk
"

Richard Taylor left an annotation ()

The Information Commissioner has responded:

"Case Reference Number FS50712026

Dear Mr Taylor

Your complaint against Cambridgeshire and Peterborough Sustainability and Transformation Programme

Thank you for your correspondence dated 20/11/17 in which you make a complaint about the above organisations's handling of your information request. Please accept my apologies for the delay in responding.

Section 50 of the Freedom of Information Act (FOIA) allows any person to make a complaint to the Information Commissioner for a decision as to whether or not "a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part I" of the legislation.

Whereas the FOIA will set out the criteria by which an organisation will be considered to be a public authority for the purposes of the legislation, it does not say who specifically should provide a response, only that the responsibility for providing that response lies with the public authority.

I have no reason to doubt that Cambridgeshire and Peterborough Sustainability and Transformation Programme would be considered to be a public authority for the purposes of the FOIA, and therefore the responsibility lies with them to provide a response to your request. The fact that they choose to provide that response via a third party is not a matter for the Commissioner to consider under section 50.

In this case, NHS Cambridgeshire and Peterborough Clinical Commissioning Group (itself a public authority for the purposes of the FOIA) has provided the response on behalf of the Cambridgeshire and Peterborough Sustainability and Transformation Programme. The response was provided within the 20 working day limit provided in the FOIA and appears to have provided the information you requested. The CCG has also dealt with your request for internal review and explained their role in the process.

As there does not appear to a breach of the FOIA for the Commissioner to consider your complaint will be closed with no further action anticipated.

Had there been a breach of the FOIA to consider, contact would likely have been made with both organisations to ensure they were aware of the obligations the legislation imposes on them.

I hope this information is of use to you but should you require further assistance I can be contacted on the number below.

Yours sincerely

Jim Dunn (01625 545673)
Case Officer
Information Commissioner’s Office
"

Richard Taylor left an annotation ()

I have written to the Information Commissioner in relation to this case:

"
Information Commissioner,

Re: Case Ref FS50712026

I would like to request a reconsideration of the response of the Information Commissioner's Office (ICO) to my request for a decision in relation to a request for information I made to the Cambridgeshire and Peterborough Sustainability and Transformation Programme. The request and all related correspondence can be viewed online at:

https://www.whatdotheyknow.com/request/h...

The ICO's response stated the public body: "appears to have provided the information you requested." This is not the case, none of the information I requested has been released.

The ICO's response states the public body "choose to provide that response via a third party", however this is not supported by the correspondence. I have had no response from, or on behalf of, Cambridgeshire and Peterborough Sustainability and Transformation Programme.

The ICO's response states: "I have no reason to doubt that Cambridgeshire and Peterborough Sustainability and Transformation Programme would be considered to be a public authority for the purposes of the FOIA". I expected a more categoric response from the ICO stating if the body is, or is not, subject to the Freedom of Information Act.

Given the flaws in the ICO's response which I have noted I do not have confidence the conclusion reached that "there does not appear to a breach of the FOIA for the Commissioner to consider" is sound, that is why I am asking for the matter to be reconsidered.

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk
"

Richard Taylor left an annotation ()

I have received correspondence from the Information Commissioner's Office.

"21 February 2018

Review reference: RCC0721538
Case reference: FS50712026

Dear Mr Taylor

Freedom of Information Act 2000 (the Act)
Cambridgeshire & Peterborough Sustainability and Transformation Programme (STP)

You have recently been in contact with my colleague, Jim Dunn, about a freedom of information complaint submitted to us against the STP. You have asked for the decision to close the case to be reviewed and I am responding now in my capacity as a Team Manager in the department.

For the sake of context, I begin my letter by providing a brief summary of the case that we have been asked to consider before outlining my conclusions.

The genesis of the complaint goes back to a request made to the STP on 30 August 2017. This asked for minutes of the Health and Care Executive. Responsibility for responding to the request was taken by the Cambridgeshire and Peterborough Clinical Commissioning Group (CCG) and in its letter of 25 September 2017 the CCG advised that the requested information was exempt from disclosure under section 36(2) (effective conduct of public affairs) of the Act.

Your subsequent appeal concerning the handling of the request focused exclusively on the fact that the STP had not itself responded to the request. The internal review that was carried out therefore only addressed this issue. The outcome of the review explained that the STP ultimately provided the contents of any request directed to it. It was however for reasons of robust governance, as well as logistical expediency, that the response ultimately came from the CCG. You remained dissatisfied however that neither the response nor the internal review had come from the STP directly.

Upon receipt of your complaint, Mr Dunn explained that he had no reason to doubt that the STP would be considered to be a public authority for the purposes of the Act, and therefore the responsibility for responding lay with that organisation. Mr Dunn noted however that the fact the STP had chosen to provide a response via a third party was not a matter for the Commissioner to consider. On the basis that there was not an outstanding freedom of information matter that therefore warranted investigation, the case was closed.

It is my view that Mr Dunn dealt with the original issue brought to our attention appropriately. Nevertheless, I have observed that in your most recent correspondence you have widened the scope of your complaint to include the STP’s refusal to disclose the requested information.

It should be made clear that as your request for an internal review did not cover the application of the section 36 exemption, then the complaint about the refusal would not strictly speaking be deemed eligible for consideration. In the circumstances, however, it has been decided that the complaint should be re-opened and a case officer will be allocated once there is capacity. We will also inform the STP that we have accepted the complaint for investigation. I should caution however that the STP would be within its rights to ask for an opportunity to carry out a further review which would cover the revised scope of the complaint.

I trust this letter addresses your complaint satisfactorily and you will be contacted by a case officer in due course.

Yours sincerely

Alun Johnson
Team Manager
The Information Commissioner's Office
"

freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG),

1 Attachment

 

From: freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG)
Sent: 02 July 2018 10:02
To: '[FOI #427686 email]'
<[FOI #427686 email]>
Subject: C&P CCG FOI Request: Ref FOI 145-17/18: HCE Minutes - Update
following further review

 

Dear Mr Taylor

 

Please find attached a letter which provides a position update on your
Freedom of Information Request (Ref FOI 145-17/18: HCE Minutes)

 

Yours sincerely

 

 

Simon Barlow
Governance Support Manager
Cambridgeshire and Peterborough Clinical Commissioning Group
01733  847360

[1][email address]

 

FOI enquiries

[2][email address]

 

[3]www.cambridgeshireandpeterboroughccg.nhs.uk

Zone B, City Care Centre

Thorpe Road, Peterborough PE3 6DB

 

Cambridge office

Lockton House, Clarendon Road, Cambridge, CB2 8FH.  Reception: Tel: 01223
725400

 

[4]https://www.cambridgeshireandpeterboroug...

 

This message may contain confidential and privileged information. If you
are not the intended recipient please accept our apologies. Please do not
disclose copy or distribute information in this email or take any action
in reliance on its contents: to do so is strictly prohibited and may

 

 

show quoted sections

freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG),

Dear Mr Taylor.

 

Further to my previous e-mail sent 5 July 2018,  I can confirm the
referenced HCE minutes are now available on the fit for future website. 
Link below.

 

[1]https://www.fitforfuture.org.uk/deliveri...

 

 

Yours sincerely

 

Simon Barlow
Governance Support Manager
Cambridgeshire and Peterborough Clinical Commissioning Group
01733  847360

[2][email address]

 

FOI enquiries

[3][email address]

 

[4]www.cambridgeshireandpeterboroughccg.nhs.uk

Zone B, City Care Centre

Thorpe Road, Peterborough PE3 6DB

 

Cambridge office

Lockton House, Clarendon Road, Cambridge, CB2 8FH.  Reception: Tel: 01223
725400

 

[5]https://www.cambridgeshireandpeterboroug...

 

This message may contain confidential and privileged information. If you
are not the intended recipient please accept our apologies. Please do not
disclose copy or distribute information in this email or take any action
in reliance on its contents: to do so is strictly prohibited and may

 

From: freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG)
Sent: 05 July 2018 08:38
To: '[FOI #427686 email]'
<[FOI #427686 email]>
Subject: RE: C&P CCG FOI Request: Ref FOI 145-17/18: HCE Minutes - Update
following further review

 

 

From: freedomofinformation1 (NHS CAMBRIDGESHIRE AND PETERBOROUGH CCG)
Sent: 02 July 2018 10:02
To: '[FOI #427686 email]'
<[6][FOI #427686 email]>
Subject: C&P CCG FOI Request: Ref FOI 145-17/18: HCE Minutes - Update
following further review

 

Dear Mr Taylor

 

Please find attached a letter which provides a position update on your
Freedom of Information Request (Ref FOI 145-17/18: HCE Minutes)

 

Yours sincerely

 

 

Simon Barlow
Governance Support Manager
Cambridgeshire and Peterborough Clinical Commissioning Group
01733  847360

[7][email address]

 

FOI enquiries

[8][email address]

 

[9]www.cambridgeshireandpeterboroughccg.nhs.uk

Zone B, City Care Centre

Thorpe Road, Peterborough PE3 6DB

 

Cambridge office

Lockton House, Clarendon Road, Cambridge, CB2 8FH.  Reception: Tel: 01223
725400

 

[10]https://www.cambridgeshireandpeterboroug...

 

This message may contain confidential and privileged information. If you
are not the intended recipient please accept our apologies. Please do not
disclose copy or distribute information in this email or take any action
in reliance on its contents: to do so is strictly prohibited and may

 

 

show quoted sections

Richard Taylor left an annotation ()

While as reported in an annotation above the Information Commissioner initially stated:

"I have no reason to doubt that Cambridgeshire and Peterborough Sustainability and Transformation Programme would be considered to be a public authority for the purposes of the FOIA"

when I asked for a decision notice to be produced this stance appears to have changed - showing transparency impacting public decision making.

The decision notice:
https://ico.org.uk/media/action-weve-tak...

refers to a previous notice stating:

"the STP is a meeting of partners; it is not entity in its own right and has no legal status. "

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