Thank you for contacting the Freedom of Information (FOI) Office at
Brighton and Sussex University Hospitals NHS Trust.  This is an automated
response that confirms we have received your correspondence.
As you will be aware, the NHS is supporting the country in dealing with
the coronavirus (COVID-19) pandemic.  The Trust is playing our part in
this important work and therefore our resources are focused on direct
patient care and support.  This means that our ability to respond to your
request within the statutory timeframe is more challenging.
The ICO supports the position that organisations, especially the NHS, may
need to ‘prioritise other areas or adapt our usual approach during this
extraordinary period’.  You can access the statement by the ICO on their
website -
[1]https://ico.org.uk/about-the-ico/news-an...
We kindly ask for your support at this difficult time.  If your request
for information can be withdrawn and resubmitted after the NHS’s actions
to resolve the Covid-19 pandemic have been successful, that would be
appreciated.  If you feel you can support the NHS and withdraw you
request, for resubmission later, please let us know by emailing the FOI
Office at - [2][email address]
If you are trying to request personal medical information, this is called
a Subject Access Request and is not processed by the FOI Office.  Please
send your request to [3][email address]
We appreciate your understanding in this matter.
Yours sincerely,
Freedom of Information Office
Brighton and Sussex University Hospitals NHS Trust

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Dear S White,

Thank you for contacting the Freedom of Information (FOI) Office at Brighton and Sussex University Hospitals NHS Trust. This email confirms that we have received your correspondence.

The NHS continues to face unprecedented challenges associated with the coronavirus (Covid-19) pandemic. While we will make every effort to respond to your request for information our staff remain focused on supporting patient care and restoring vital healthcare services.

We will now begin processing your FOI request. Under the terms of the Act the Trust has 20 working days in which to respond. It is important to stress that staff availability for information rights work will remain limited for quite some time. It will not be possible for us to process large FOI requests that require an unreasonable amount of staff resources to complete. We kindly ask that requests for information are kept to a minimum. If you would like to revise or withdraw you request please let us know by emailing the FOI Office at - [email address]

We appreciate your patience and understanding.

Yours sincerely,

Freedom of Information Office
Brighton and Sussex University Hospitals NHS Trust

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Dear S White,

We are writing with regard to your recent request for information under
the Freedom of Information (FOI) Act 2000.

Your request:

This is a request under the Freedom of Information Act 2000 (FOIA). Please
provide any information that you hold answering to any of the following
descriptions:

1. Any application you made in 2019 or 2020 to be a "Stonewall Diversity
Champion" or to be included on Stonewall's "Workplace Equality Index,"
including any attachments or appendices to those applications. Please
redact personal details if necessary.

2. Any feedback you received in 2019 or 2020 from Stonewall in relation to
either application or programme.

3. Any other communication you have received from Stonewall in 2019 or
2020 unless privileged or otherwise exempt from disclosure (but if you
claim privilege or exemption in relation to any material, please say in
broad terms what the material is and the basis on which you claim to be
entitled to withhold it).

4. Full details of any equality impact assessment you carried out
connected with any of these applications (including any equality impact
assessment carried out prior to an earlier application of the same kind,
if no further assessment was done).

5. Details of the total amount of money you paid to Stonewall (i) in 2019;
(ii) in 2020, whether or not as payment for goods or services.

6. Whether you intend to continue your membership of any Stonewall scheme
in the future, and if so which.

Assistance provided under Section 16 [duty to assist]:

            The Trust has a responsibility under section 16 of the Act to
provide assistance with FOI requests where possible and reasonable to do
so.

Regarding questions 1 & 2 of your request, it is estimated that the
submission for the Stonewall Workplace Equality Index 2020 (submitted
September 2019) and feedback documentation comprises 50+ pieces of
information, totalling over 1,400 pages.  Any attempt to compile and
review all of these documents, anonymising where necessary in line with
the Information Commissioner’s Office (ICO) Anonymisation Code of Practice
ensuring that the information disclosed will be meaningful, will require
an unreasonable amount of staff time.  This information cannot, therefore,
be provided within the ‘appropriate limit’ as outlined in the Fees
Regulations and the engagement of section 12 exemption [cost limit] under
the FOIA is appropriate at this time.  We will provide further information
about the application of this exemption in our final response where
appropriate.

Please find below a list of documents contained within the 2020 Stonewall
Workplace Equality Index submission for your review.  If you can reduce
the scope of your request to a smaller number of documents you are most
interested in, we will be happy to reconsider your request.  It is
important to note that the information held within these documents may
contain personal information exempt from disclosure under section 40(2)
[personal information]; confidential information exempt under section 41
[information provided in confidence]; this information will be redacted
accordingly.

About your organisation (cover page)
Section 1: Policy & Benefits
Section 2: The Employee Lifecycle
Section 3: LGBT Employee Network Group
Section 4: Allies & Role Models
Section 5: Senior Leadership
Section 6: Monitoring
Section 7: Procurement
Section 8: Community Engagement
Section 9: Clients, Customers & Service Users
Section 10: Additional Work
Stonewall Data protection & Privacy Policy
Evidence: BSUH Parental Leave & Pay Policy
Evidence: BSUH Special Leave Policy
Evidence: BSUH Guidelines for Supporting Trans Patients & Staff
Evidence: BSUH Dress Code Policy
Evidence: ‘Buzz’ 6^th September 2019 (re Stonewall submission)
Evidence: BSUH photos from Brighton & Hove Disability Pride, Trans Pride
2019; ‘Be Proud, Be Valued, Be You’ 2019 job recruitment flyer for
Brighton & Hove Pride 2019; BSUH listing from Stonewall ‘Starting Out
Guide’ 2018
Evidence: Exemplar BSUH job adverts showing inclusive recruitment wording
Evidence: BSUH LGBTQ+ Network ‘Who we are / what we do’ flyer; ‘Social
Side’ flyer
Evidence: CEO Weekly Message (Pride 2019, ‘Belong Here’ recruitment
campaign), examples of ‘Belong Here’ recruitment posters, photos of
posters in situ, ‘Belong Here’ recruitment landing page
Evidence: ‘Unconscious Bias’ training pack
Evidence: Guidance on use of equalities picture cards (incl. pics,
interview feedback sheet), Values Based Recruitment draft training pack
Evidence: ‘Human Matters: Equality & Human Rights’ training pack
Evidence: Snip from LGBTQ+ Network webpage, photos from Trust induction
events, ‘Welcome to BSUH’ New Employee Information Pack (evidencing
reference to LGBTQ+ Network etc.)
Evidence: BSUH Corporate Induction ‘Human Matters: Equality, Diversity &
Inclusion’ training pack
Evidence: Mental Health Awareness training pack (evidencing reference to
LGBTQ+ health inequalities etc.)
Evidence: ‘Dealing with Conflict’ training pack (LGBTQ+ addendum)
Evidence: Summary of recent HR/employment policy changes (evidencing
LGBTQ+ inclusion)
Evidence: Information on LGBTQ+ History Month, National LGBTQ+ Awareness
Days, 2019 BSUH LGBTQ+ Inclusion Conference badges
Evidence: As above, specifically for Bi Visibility Day
Evidence: As above, specifically for Trans Day of Visibility, Trans Day of
Remembrance, Brighton & Hove Trans Pride 2019
Evidence: Supporting information about LGBTQ+ Staff Network & Allies
activities
Evidence: LGBTQ+ Network Terms of Reference (August 2018)
Evidence: ‘Be an Ally’ flyer
Evidence: Rainbow Lanyards & Rainbow Badges ‘Pledge’
Evidence: BSUH Brighton & Hove Pride 2019 photos, LGBTQ+ Staff Survey
results 2018/19, BSUH February 2019 LGBTQ+ Inclusion Conference flyer
Evidence: BSUH LGBTQ+ Network web page (Staff Stories)
Evidence: Further Staff Stories, as above
Evidence: Further Staff Stories, as above
Evidence: BSUH Annual Equality Report 2018 (published January 2019)
Evidence: BSUH LGBTQ+ Inclusion Conference (February 2019) – LGBTQ+
Network Convenor presentation
Evidence: Screenshot of BSUH LGBTQ+ Network tweet (International Day
against Homophobia, Transphobia & Biphobia)
Evidence: Screenshot of BSUH LGBTQ+ Network tweet (Brighton & Hove Pride
2019)
Evidence: BSUH ‘Sexual Orientation Monitoring’ information flyer
Evidence: Photo – BSUH at Brighton & Hove Disability Pride 2019
Evidence: Rainbow Lanyards & Rainbow Badges – information flyer

We can confirm that the Trust did not submit a 2021 Stonewall Workplace
Equality Index application in September 2020.  Since this information is
not held by the Trust, it is therefore not available under the Act.

Regarding question 3 of your request, the scope of the information you are
seeking is very broad.  Not only are you requesting correspondence over a
period of two years, but you have not identified any department or staff
role your request is relevant to.  On this basis, it would be necessary to
audit all emails/correspondence received by all staff across the Trust
over a 24 month period.  This part of your request is clearly unreasonable
and the information cannot be provided within the cost limits governed by
section 12 exemption under the FOIA.

4.  No specific Equality Impact (or Due Regard) Assessment was undertaken
in relation to the Stonewall Workplace Equality Index application
submitted in September 2019.  Since this information is not held by the
Trust, it is therefore not available under the Act.

5.  The total amounts paid for the Stonewall Diversity Champions programme
in 2019 and 2020 was the yearly members fee of £2,700 per year.

6.  Brighton & Sussex University Hospitals NHS Trust is expected to merge
with Western Sussex Hospitals NHS Foundation Trust from 01 April 2021.  As
yet no decision has been made as to whether the new merged organisation
will be a Stonewall Diversity Champion member or whether it will enter the
Stonewall 2022 Workplace Equality Index (submission due September 2021). 

With the above in mind, we are writing to you under section 16 of the Act
[duty to assist] to offer you the opportunity to revise and/or reduce the
scope of your request.  If you are able to revise your application for
information so that it is not exempt as outlined above, we will be happy
to reconsider our response.

Please note that the 20 working day clock associated with FOI requests
will restart once we have received a response from you.

We look forward to your reply and will respond in due course.  Some
information, however, might be withheld due to exemptions which are
allowed for by the Act. If this is the case, we will tell you that we have
withheld information and why.

In the meantime, if we can be of further assistance please do not hesitate
to contact the Trust at: [1][email address]

Yours sincerely,

Freedom of Information Office

Brighton and Sussex University Hospitals NHS Trust

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