List of Doctor and Nurses working at Atos Heathcare Exeter on a specific date

Michael Middleton made this Freedom of Information request to Department for Work and Pensions

The request was refused by Department for Work and Pensions.

Dear Department for Work and Pensions,

I made the following request for information on 9th Nov...
Email sent 9-11-2011

To... [email address]

Dear Sir or Madam
Further to my phone call, could you please supply a list of the Doctors and Nurses working at Atos Medical Examination Centre, Killerton House, Park Five, Exeter. EX2 7HU. on the day of my medical examination Wednesday 19th October 2011. Anticipating that the reply may be that you would only supply the name of the nurse who saw me I require the full list under the Freedom of Information Act. My National Insurance number is ----------.
Thanking in advance.
M. D. Middleton.

Email received 10-11-2011

from... [email address]

Dear Mr Middleton

Thank you for your email. I can advise that it has been forwarded to the Commercial Management of Medical Services team within the Department for Work and Pensions as they are responsible for dealing with requests under the Freedom of Information Act, you should expect to hear from them shortly.

If you have any queries in the meantime please do not hesitate to contact me.

Yours sincerely

Melanie
Customer Relations Team
Atos Healthcare

As I have not had a reply and can see no entry on the FOI DWP request list I have sent this direct.

Yours faithfully,
Michael David Middleton.

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

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Michael Middleton

Dear DWP Adelphi Freedom-of-Information-Request,

Reply was received by email but not showing on this site. Further message from me sent by email direct before this site was working again. M.P. name blanked in this version....

Dear Sir
Please refer to the attached letter received via email by myself for clarification. I cannot use the help site WhatDoTheyKnow.com at present to respond as it appears to have been disabled.
I repeat my request.
To further explain the request content, I require the name (surnames will do) and NOT addresses or telephone numbers. This effectively negates ANY possibility of tracing a person and putting them at risk (Notwithstanding the fact that there is obviously no reason for any 'HCP' to be targeted who is not the person involved with the client's case) therefore your reference to......
Section 38 (1) of the Freedom of Information (FOI) Act 2000 -

is nonsense and legally invalid as it covers only direct identification of a public servant via personal details. You are, in fact, obliged to give names of ANY person working in a public office or a private subcontractor. I have documented evidence that the Police, Traffic Control, DWP, Hospitals, Banks, Council Offices and indeed, interestingly, Barnstaple Magistrates Court, have no option but to disclose the names of staff. In the case of the Court the initial refusal to disclose the name of three Magistrates was contested and they were forced to disclose 'names only'. The only exception to this rule is in the case of a Registered Secret Service which having checked, I find Atos is not one of these. In fact I did not need to invoke the F.O.I. act at all but anticipating the reply decided to do so to save time. Should there be any further refusals I will be forced to contact a solicitor with a view to seizing documents. Should there be any further obstruction the matter will be reported to the Police and to ----------- M.P. with a view to obtaining the required information.
Yours sincerely,
Michael Middleton

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

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References

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1. http://www.dwp.gov.uk/freedom-of-informa...

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

1 Attachment

Dear Mr Middleton

Please see attached response to your FoI request

Kind regards

DWP Central FoI Team

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Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'List of Doctor and Nurses working at Atos Heathcare Exeter on a specific date'.

Reason for refusal given quotes Section 38.1. This is not valid. This section reads:-
Section 38 (1) Health and safety.
(1)Information is exempt information if its disclosure under this Act would, or would be likely to—
(a)endanger the physical or mental health of any individual, or
(b)endanger the safety of any individual

1. There is no conceivable way that the provision of SURNAMES ONLY could put any person at risk given the information requested. For eg there are approximately 1,230,000 people called 'Middleton' in the U.K.
2-A. All government departments and Private Companies are required by law to provide surnames of employees. This law protects people from abuse by those using a shield of anonymity and is part of the statute requirements of ALL Public Servants.
2-B. Should the Surname of known criminal be on this list shielding this also becomes 'sheltering of a criminal'.
3. Ample opportunity was given by me to correct the error with a second request clarifying that SIMPLE SURNAMES alone was all that was being requested and explaining clearly how the above quoted Section CANNOT be applied to simple surnames.
4. 2nd Reply used wholly invalid Section 14 (2)as a reason for not correcting the previous error.......... This reads:
Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.....
5-A. Complicity to previous request had not been satisfied effectively negating the proviso: 'similar request' as has been clearly pointed out to myself by a Barrister.
5-B. Nowhere does Section 14 (2) give permission to break the law twice.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/li...

Yours faithfully,

Michael Middleton

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

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References

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1. http://www.dwp.gov.uk/freedom-of-informa...

Michael Middleton

Dear DWP Adelphi Freedom-of-Information-Request,
Mr M Middleton
[email address]

The following response was received By-passing 'whatdo they know.com' and coming direct to mail.

Dear Mr Middleton,

Thank you for your Freedom of Information request dated 08 December 2011 that was received by DWP Adelphi and forwarded for me to respond to in my role as Department for Work and Pensions (DWP) Medical Services Contract Correspondence Freedom of Information Officer. You asked for:-

I repeat my request. etc as printed before...

As Reviewing Officer, I have read your letter and accepted this as a request for an Internal Review in order that I can check that the information sent to you clearly and accurately answered your request. I have therefore conducted a full investigation into your original request and the information supplied to you. I have also reviewed any decisions to withhold information and in doing so I have fully considered the public interest in disclosure.

The Department is required (apart from extreme circumstances) to provide the name of the HCP (Healthcare Professional) assessing an individual so that the individual can assure themselves that the person is properly qualified to perform the HCP duties. We are also required, if requested, to provide the names of SCS (Senior Civil Service) members of staff and their equivalents under FoI for public accountability for the services being provided. However, we are not required to provide non-SCS members of staff or their equivalent as a list to anybody.

It is completely valid and in fact required that we take reasonable steps to protect the health and safety of our staff, which includes people acting as our agents. By working in the public sector people do not automatically give up the common right to privacy or the protection of their health and safety. As explained in the original response (FOI 2560-3603), there are a minority of DWP claimants that have decided to target HCPs employed by Atos Healthcare individually with harassment and threats of violence, and even to supply only a surname could provide enough information for an individual to identify a particular HCP through the professional registries, we therefore have a justification to withhold the names under FoI through the health and safety exemption.

In reviewing your request I am satisfied that the original response dated 07 December 2011 was correct, in that the Department decided not to disclose this information in accordance with Section 38 of the Freedom of Information Act 2000, as disclosure would or would be likely, to put the physical or mental health or the safety of any individual at risk or greater risk. I am therefore satisfied now that all the information that DWP are able to supply to you has been supplied.

If you are not content with the outcome of this review your appeal rights exist with the Information Commissioner (ICO), the address of which is at the bottom of the page.

Please note that due to requirements I have responded to the address that your request originated and not to the What Do They Know address to which you posted a duplicate.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

DWP Medical Services Contract Correspondence Team
Internal Reviewing Officer.

My reply directly by email with copies supplied to solictor and filed with M.P. information pack follows...

Thank you for you reply which is far more than I could have hoped for as you confirm in writing something already known. that the Medical council is required by law to give names of doctors and nurses registered to them. This means that you have 'thankfully' saved some time by confirming (contrary to your refusal) that a lesser organisation such as Atos or yourselves are even more liable to obey the Freedom of Information act and supply a list of surnames only (especially when this is a request for LESS information than the Medical council supply on their website.) Might I also remind you that this is all fully visible on the internet. It is also probably wise to remind you at this time that I have family with police connections and a family member magistrate (which you would have been well advised to check) and am therefore entitled to take a private prosecution for the suggestion that I might be a danger to any member of Atos. It would also be wise for you to consider the penalties for 'harbouring' a criminal at this stage. I have accessed the web site of the Medical Council to produce as evidence the list of Doctors under my own name surname 'Middleton' purely to illustrate the impossibility of your argument, this list is 78 members long (!) of which one (you might ponder) has both of my Christian names. Frankly your argument with evidence like this will not hold up in court. I have appealed to the internal appeal separately but rest assured I will also appeal to the address supplied. But do not forget that even if ALL appeals fail you still will have to supply the information to my friend and M.P. so I advise that you save yourself the work and avoid the certain repercussions.
Michael David Middleton...

Yours sincerely,

Michael Middleton

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

Michael Middleton left an annotation ()

After an exhaustive search I can find no reference to the 'threats to Atos employees from disabled people' referred to by the DWP as the reason for refusing to conform to the Freedom of Information Act.

Link to this

P. Wilkinson left an annotation ()

If the DWP feels the need to protect its (and Atos)staff fine, but where does that leave us, when so many of their staff have access to our sensitive information.
"It is completely valid and in fact required that we take reasonable
steps to protect the health and safety of our staff, which includes
people acting as our agents"
but we are not given the same protection and respect. They even allow postal workers to open our mail before it reaches the destination without our permission or knowledge.
What about our health an safety, when we are forced to comply with their demands in order to receive benefit.

Link to this

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

1 Attachment

Dear Mr Middleton

Please see attached response to your FoI request.

Kind regards

DWP Central FoI Team

show quoted sections

Michael Middleton left an annotation ()

The whole point of this is that there is no possibility of danger to anyone from revealing a simple surname only. How many Jones's are there in England for eg? The only possible explanation is that they have something to hide.

Link to this

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