how many staff members of Cardiff and Vale University Health Board also sit as lay members of Cardiff Employment Tribuanal from 2012 to 2016?

The request was successful.

Dear Ministry of Justice,

I requested the above information (1) from Cardiff and Vale University Health Board (CAVUHB) on 23rd August 2016 under the FOI Act.
I also requested (2) How many staff members are trained investigating officers presently employed by CAVUHB? (3) How many disciplinary/Appeal Hearings have (named) staff members of CAVUHB sat in/chaired since 2012?
20th September 2016 - CAVUHB responded Q1 - 'Information not centrally recorded - To comply with our obligation contained within section 16, please note this information can be obtained directly from the Employment Tribunal (ET).
Q2 & Q3 - Refused under section 12 of the Act.
22nd September 2016 - I requested CAVUHB review their decision.
23rd September 2016 - CAVUHB responded, but not to this request - they responded to a previous FOI request 16.237 (22nd July 2016 Legal costs of my ET case et al - remains unanswered). CAVUHB also put me on formal notice stating my FOI and DP SA requests are repeated and vexatious.
17th October 2016 - I wrote to Cardiff ET requesting information Q1.
28th October 2016 - ET responded. They did not consider it appropriate to supply me with this information. It seems to have no relevance to my case which did not involve non-legal members. I was offered the website contact details of the MoJ.
28th October 2016 - I responded to ET's letter stating their response was not the crux of my concern. My concern was why CAVUHB engaged their Chief of Operations to Chair my Appeal Hearing in January 2015, knowing my case had been submitted to ET in December 2014 and the Chair was a lay member of the ET. This information (conflict of interest) was not brought to my attention until June 2015.
3rd November 2016 - ET responded stating the Regional Judge would ensure that cases would be transferred to another region to be heard or bring in an outside tribunal panel from another region - This again was not the crux of my complaint.
3rd November 2016 - I wrote to the ET. Due to CAVUHB using section 16 - I wrote to Cardiff ET however, I believe CAVUHB are responsible for holding the data I requested due to their staff being away from their substantive (highly paid) jobs and not the ET holding the data.
30th November 2016 - I raised my concerns regarding the conduct and behaviour of CAVUHB with the ICO.
8th December 2016 - ICO responded. They wrote to CAVUHB and recommended they issue me with an internal review decision within 20 working days (from receipt of letter of 8.12.16)

8th January 2017 - I informed the ICO that CAVUHB did not respond.
12th January 2017 - ICO stating the 20 working days does not include bank holidays. CAVUHB have until 11th January 2017.
13th January 2017 - I informed the ICO that CAVUHB did not respond by their expiry date. I stated my intention to inform the MoJ due to Q1 being not disclosed by Cardiff ET and or CAVUHB alongside Q's 2 & 3. I also raised my concerns to why CAVUHB put me on formal notice with their perception (no evidence) that my requests are repeated and vexatious.

Yours faithfully,

Ellen Dacey
Former Registered Nurse CAVUHB


1 Attachment

Dear Ms Dacey
Please find attached correspondence in relation to your recent request for
Kind regards

Business Support Delivery Manager | HMCTS Wales Support Unit

2^nd Floor, Cardiff and the Vale of Glamorgan Magistrates' Court |
Fitzalan Place | Cardiff |CF24 0RZ | DX 743942 Cardiff 38


Rheolwr Cyflawni Cefnogaeth Busnes | Uned Gefnogi GLlTEM Cymru

Llawr 2ail, Llys Ynadon Caerdydd a Bro Morgannwg | Plas Fitzalan |
Caerdydd | CF24 0RZ |DX 743942 Cardiff 38

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ellen dacey left an annotation ()

RESPOSE - The MoJ does not hold any information in the scope of your request. This is because there is
no legal or business requirement for MoJ to do so.
The FOIA does not oblige a public authority to create information to answer a request if the
requested information is not held. The duty is to only provide the recorded information held.

ellen dacey left an annotation ()

Moj internal review 28/2/17 - Response 3/3/17.
I have confirmed that searches were carried out locally in Cardiff and that further searches were carried out at the Civil, Family and Tribunals Directorate at MoJ Headquarters in London. Further enquiries were made at the Head of Presidents’ Office, Employment Tribunal in London. I have determined that all reasonable searches were carried out within MoJ.

The information to answer your question was not held locally or in London. The Presidents’ Office do hold information on Employment Tribunal lay members who sit in Cardiff. However, they do not hold information on who are, or who may have been at sometime over a five year period, employed by the Cardiff Health Board. Fee paid members may no longer be with the employer who they declared at the time of their appointment and again may or may not have been employed by the Health Board at some time from 2012 - 2016.

The original response did not explain to that degree of detail but was under no obligation to do so. It did explain that the FOIA does not oblige a public authority to create information in order to answer a request and therefore met its statutory requirement. MoJ is not required to make further enquiries with members in order to answer an FOIA question if there is no legal requirement for us to do so.

So... I will forward to the ICO to receive a response on "The Presidents’ Office do hold information on Employment Tribunal lay members who sit in Cardiff ... This is exactly what I would appreciate being disclosed.....

Ellen Dacey

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