Healthcare Commission investigation reports

D. Speers made this Freedom of Information request to Care Quality Commission

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

The request was successful.

Dear Sir or Madam,

Since the 31st March 2009 was the end of the Healthcare Commissions public remit.
1)Please can you you tell me how many completed and unpublished Healthcare Commission investigation reports you have inherited and committed to publicly reporting on?

2) Did you inherit any unfinished HC investigation Reports?

Yours faithfully,

D. Speers

Dear Sir or Madam,
I have requested a copy of the Healthcare Commissions Investigation Report into Patient safety at WLMHT and CQC have committed to publication. Under FOI your response is now overdue.
S.22 exemption has been quoted and in recent information from the Information Commissior's Office I believe they have 'some brand new guidance, only published on 1 July, on the public interest test.

To quote from that guidance:
What is the public interest test?
The term “the public interest” is not defined in either the FOIA or the EIR. However something which is “in the public interest” may be summarised as something which serves the interests of the public. The public interest test entails a public authority deciding whether, in relation to a request for information, it serves the interests of the public either to disclose the information or to maintain an exemption or exception in respect of the information requested. To reach a decision, a public authority must carefully balance opposing factors, based on the particular circumstances of the case. Where the factors are equally balanced, the information must be disclosed.
Can you please tell me in the light of this information what 'balance of opposing factors' have CQC based their timings on?

Yours faithfully,

D. Speers

D. Speers left an annotation ()

The Guidance on S.22 exemption has been updated and here is info on the Public Interest Test.
http://www.ico.gov.uk/upload/documents/l...

To quote ICO: As far as the public interest test and S.22 goes there is not a lot to add to our specific S22 guidance. The public interest test will always be a balancing act between the for and against disclosure each individual case having it’s own merits. We do have some brand new guidance, only published on 1 July, on the public interest test.

Regarding the timetable for release or otherwise of information. The consideration as to whether it is reasonable in all circumstances to withhold information is part of the S.22 exemption and would fall within the normal 20 days to reply to a request. We do say that where there is also the public interest test to consider, a further 20 days would be allowable but this should be communicated to the requester.

Lok, Kim, Care Quality Commission

Dear Sir/Madam,

I acknowledge receipt of your request, which the Commission received on 4 July 2009.

The Commission will respond as soon as it can, but in any event, within 20 working days following the date of receipt. You can therefore expect a response by 31 July 2009.

Information Governance Manager
Secretariat - Information Governance Team
Care Quality Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Email: [email address]
Direct Tel: 020 7448 1765
Internal Tel: 3815

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [Care Quality Commission request email]

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Dear Lok, Kim,

It appears that you are dealing with my follow up request to my initial FOI request dated 5th June as a separate FOI request.
Can you confirm situation please?

Yours sincerely,

D. Speers

Lok, Kim, Care Quality Commission

2 Attachments

Dear Sir/Madam,

Thank you for your email.

By an email dated 12 June 2009, you requested an internal review of the Commission's decision to apply section 22 of the Freedom of Information Act 2000 to withhold the WLMHT investigation report from disclosure until the intended publication date.

The internal review was completed on 1 July 2009 and sent to you on the same day. I attach copy in the event you have missed it.

Yours sincerely

Kim Lok
Information Governance Manager
Secretariat - Information Governance Team
Care Quality Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Email: [email address]
Direct Tel: 020 7448 1765
Internal Tel: 3815

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [Care Quality Commission request email]

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Dear Lok, Kim,
Thank you for clarifying how things stand re S.22 Exemption and CQC's publication of Healthcare Commission's Report.I did indeed miss the previous answer, my apologies as I have had some PC problems which hopefully have been sorted out now. Your Internal Review found that the terms of S.22 exemption have been adhered to.
I shall be reading through the detail and will get back to you. But for now I am concerned that whist you refer to the need for "accuracy and efficacy in relation to material contained therein" and "the Report being shared with Third parties such as SHA, relevant Trusts and DH for the purposes of fact checking the document only" I am aware that WLMHT are putting together an Action Plan with support from SHA and I need to be advised please if this is part of the 'fact check 'you refer to?

Yours sincerely,

D. Speers

Lok, Kim, Care Quality Commission

Dear Sir/Madam,

Thank you for your email.

The trust action plan in response to CQC recommendations in the investigation report is not part of the factual accuracy process. The factual accuracy process refers only to the investigation report.

I trust that answers your question.

Kind regards.

Kim Lok
Information Governance Manager
Secretariat - Information Governance Team
Care Quality Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Email: [email address]
Direct Tel: 020 7448 1765
Internal Tel: 3815

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [Care Quality Commission request email]

show quoted sections

Dear Lok, Kim,

Thank you for further clarifiying your previoous response. I am grateful.
Thank you again/

Yours sincerely,

D. Speers