Information on dealings with Stonewall (2021 / 2022)

Laura Ko made this Freedom of Information request to NHS Business Services Authority

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The request was partially successful.

Dear NHS Business Services Authority,

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 (or intend to make) in 2021 or 2022 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 2021, or to date, from Stonewall in relation to either application or programme.

3. Any other communication you have received from Stonewall in 2021 or 2022 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 2021; (ii) in 2022, 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.

Yours faithfully,

L Ko

FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

2 Attachments

Dear Laura Ko

 

Thank you for your request for information as outlined below:

 

‘Dear NHS Business Services Authority,

 

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 (or intend to make) in 2021 or 2022 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 2021, or to date, from Stonewall in
relation to either application or programme.

 

3. Any other communication you have received from Stonewall in 2021 or
2022 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 2021;
(ii) in 2022, 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.’

 

Your request was received on 28 February 2022 and I am dealing with it
under the terms of the Freedom of Information Act 2000.

 

I will process your request as soon as possible, and certainly within 20
working days of the day I received the request. You will hear back from me
by 28 March 2022 at the latest.

 

Please note that we may need to write to you should any aspect of your
request need clarification. In such cases, the 20 working day period will
start when we receive your clarification.

 

Details of how we will process your request are available on our website
at:

 

[1]https://www.nhsbsa.nhs.uk/sites/default/...

 

Details of how we use your information are available at the following
link:

[2]https://www.nhsbsa.nhs.uk/our-policies/p...

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of my decision,
please write within 40 working days of the date of this e-mail to:

Chris Gooday

Information Governance Manager

NHS Business Services Authority

Stella House

Goldcrest Way

Newburn Riverside Business Park

Newcastle upon Tyne

NE15 8NY

 

Details of how we will handle your review request are available on our
website at:

[3]https://bit.ly/2Sjdk2H

If you are not content with the outcome of your complaint, you may apply
directly to the

Information Commissioner’s Office (ICO) for a decision.  Please note that
generally, the ICO cannot make a decision unless you have exhausted the
NHS Business Services Authority’s complaints procedure.

The Information Commissioner can be contacted at:-

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel:  01625 545 745

Fax: 01625 524 510

Email: [4][email address]

 

 

If you have any queries about this email, please contact me via email.

 

Please quote the reference number above in any future communications to
make it easier for me to deal with your correspondence.

 

Regards

 

 

Chris Dunn

Information Governance Specialist

Security and Information Governance
[5]www.nhsbsa.nhs.uk

We are constantly looking at ways to
[6]Description: Description: improve our services. You can give us
Description: feedback using the link below:
cid:image004.png@01D4178F.C585F600
[7]Information Governance

 

[8]Description: Description: Description: Description: Description: NHSBSA
(NHS@70) Header 2
Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

 

 

 

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FOIREQUESTS, Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

3 Attachments

 

Dear Laura Ko

 

Please find attached a final letter regarding your recent Freedom of
Information request.

 

We would also value your feedback regarding the way in which your request
was handled. You can provide us with direct feedback on our website at the
following web link:

 

[1]Information Governance Survey

 

Any feedback you provide will be strictly anonymous and much appreciated.

Summary of Response

In your questions you ask for information relating to applications to be a
Stonewall Diversity Champion or to be included in Stonewall’s Workplace
Equality Index.

Please note that becoming a Stonewall Diversity Champion (SDC) does not
require an application, therefore this information is not held.

The NHSBSA has previously submitted an application in 2021 to be included
in the Workplace Equality Index (WEI).Our response below is regarding this
WEI 2021 application.

Question 1

WEI Application

An application to be included in the Workplace Equality Index is completed
on Stonewall’s online portal, where the information is hosted. Therefore,
this information is not held by the NHSBSA.

Attachments

The information you requested is being withheld as it falls under the
following exemptions in the Freedom of Information Act:

Section 40 – Personal Information

Please be aware that I have decided not to release personal data and
special category

personal data relating to NHSBSA staff as this information falls under the
exemption in

section 40 subsections 2 and 3 (a) of the Freedom of Information Act. This
is because it

would breach the first data protection principle as:

a) it is not fair to disclose NHSBSA staff special category personal
details to the world and

is likely to cause damage or distress.

b) these details are not of sufficient interest to the public to warrant
an intrusion into the

privacy of NHSBSA staff.

Please click the below web link to see the exemption in full.

[2]https://www.legislation.gov.uk/ukpga/200...

Section 43 – Commercial Interests

The remainder of the requested information is commercially sensitive
information about

Stonewall’s assessment of NHSBSA’s progress against the LGBTQ agenda. The

exemption under FOI section 43(2) is engaged because disclosure would
likely damage

Stonewall’s commercial interests as the information could give other
organisations

entering the WEI a competitive advantage.

In applying this exemption, NHSBSA has had to balance the public interest
in withholding

the information against the public interest in disclosure.

The below web link sets out the exemption in full.

[3]https://www.legislation.gov.uk/ukpga/200...

Please see the below factors in favour of maintaining the exemption, and
in favour disclosure of the information.

 

Factors for Disclosure

•           public interest in disclosure of information concerning
NHSBSA’s progress against LGBTQ and inclusivity 

Factors for withholding

•           Disclosure would weaken Stonewall’s ability to participate
competitively in any future commercial activity as organisations would be
less willing to engage with its services if detailed submission and
feedback information were shown to be subject to disclosure and so would
lead to a loss of income for Stonewall.

•           Disclosure of this information would prejudice Stonewall’s
commercial interests, by disclosing sensitive information would likely be
used by other organisations making a WEI submission to gain a competitive
advantage and undermine confidence in the WEI

 

Question 2

Feedback supplied by Stonewall was received in confidence under the terms
of the Stonewall data protection and privacy policy. The NHSBSA agreed to
abide by this when

submitting the WEI application. This information is being withheld as it
falls

under the exemption in section 41(1) ‘Information provided in confidence’
of the Freedom

of Information Act.

Please click the below web link to see the exemption in full.

[4]https://www.legislation.gov.uk/ukpga/200...

Question 3 and 4

The information requested in these questions is not held. This is because
no equality impact assessment was conducted specific to our WEI submission
as this was not required as part of the application.

Question 5

For the financial year 2021/22 (To date) the total paid is £3,654. This
includes:

Stonewall Champion Membership

London workplace Conference

LGBTQ+ and disabilities workshop

Network Group Masterclass

Question 6

Yes – Diversity Champions

Please note that this request and our response is published on our Freedom
of Information disclosure log at:

[5]https://opendata.nhsbsa.net/dataset/foi-...

Data Queries

If you have any queries regarding the data provided, or if you plan on
publishing the data please contact [6][NHSBSA request email]  ensuring
you quote the above reference. This is important to ensure that the
figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data
please contact [7][email address]. This is important to
ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988 and is subject to NHSBSA
copyright. This information is licenced under the terms of the Open
Government Licence detailed at:

[8]http://www.nationalarchives.gov.uk/doc/o...

 

Should you wish to re-use the information you must include the following
statement:

“NHSBSA Copyright 2022” This information is licenced under the terms of
the Open Government Licence:

 

[9]http://www.nationalarchives.gov.uk/doc/o...

 

Failure to do so is a breach of the terms of the licence.

Regards

Chris Dunn

Information Governance Specialist

Security and Information Governance
[10]www.nhsbsa.nhs.uk

We are constantly looking at ways to
[11]Description: Description: improve our services. You can give us
Description: feedback using the link below:
cid:image004.png@01D4178F.C585F600
[12]Information Governance

 

[13]Description: Description: Description: Description: Description:
NHSBSA (NHS@70) Header 2
Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

 

 

 

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