Dear Royal Berkshire NHS Foundation Trust,

request the following information under the FOI act.

How many permanent medical staff have undergone a MHPS (Maintaining High Professional Standards) Investigation between 2009-2019?
What percentage of these have been upheld?
Please provide details on an annual.

Yours faithfully,

Alan

FOI, Royal Berkshire NHS Foundation Trust

Dear Mr Macleod,

We acknowledge your enquiry under the Freedom of Information Act. I will look into your request and respond within 20 working days from receipt of your request.

Yours sincerely,

Freedom Of Information Team
Royal Berkshire NHS Foundation Trust
Tel: 0118 322 6743/7405
Email: [Royal Berkshire NHS Foundation Trust request email]

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Dear FOI,

Reply awaited please.

Yours sincerely,

Alan

FOI, Royal Berkshire NHS Foundation Trust

Dear Mr Macleod

 

Please accept our sincere apologies for the delay in responding to your
request for further information.

 

The Trust is processing your request, and will have the information to you
as soon as possible.

 

Yours sincerely,

 

Freedom Of Information Team

Royal Berkshire NHS Foundation Trust

Tel: 0118 322 6743/7405

Email: [1][Royal Berkshire NHS Foundation Trust request email]

 

 

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Dear Royal Berkshire NHS Foundation Trust,

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

I am writing to request an internal review of Royal Berkshire NHS Foundation Trust's handling of my FOI request 'Medical Staff Investigations'.

The response is now delayed beyond the requirements set down in GDPR act.
Please action this immediately and supply the requested information.

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

Yours faithfully,

Alan Macleod

FOI, Royal Berkshire NHS Foundation Trust

Dear Mr Macleod,

Further to your recent FOI request, please find our response to your query below.

We have applied s40 (2) (personal information) FOI Act to part of your request. We consider that by providing this information the individuals concerned could be identifiable.

Please note that the Trust does not hold the data requested prior to 2015.

How many permanent medical staff have undergone a MHPS (Maintaining High Professional Standards) Investigation between 2009-2019?
Less than 5.

What percentage of these have been upheld?
None – all on-going

Please provide details on an annual
2009-2015 – Unknown
2016 – 2019 - Exemption applied Section 40 (2)

Should you have any questions, please contact me by email. If you are unhappy in any way regarding the manner in which your request has been handled, the Trust has an internal review procedure through which you can raise any concerns you might have.

If you are dissatisfied with the outcome of the complaints procedure, you can apply to the Information Commissioner, who will consider whether the Trust has complied with its obligations under the FOIA, and can require the Trust to remedy any problems. You can find out more about how to do this, and about the FOIA in general, on the Information Commissioner’s website at: www.informationcommissioner.gov.uk

Complaints to the Information Commissioner should be sent to:

FOI/EIR Complaints Resolution
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Your sincerely,
Freedom Of Information Team
Royal Berkshire NHS Foundation Trust
Tel: 0118 322 6743/8514
Email: [Royal Berkshire NHS Foundation Trust request email]

_____________________________________________________________________________________________________________________

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Dear Royal Berkshire NHS Foundation Trust,

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

I am writing to request an internal review of Royal Berkshire NHS Foundation Trust's handling of my FOI request 'Medical Staff Investigations'.

Sirs,

Please re-review this:
- Suggesting this relates to individual personal data is illogical - I have not requested any specifics of the cases. The only data I have requested will be absolute numbers. There would be no way that this could be extrapolated to be able to identify individuals!!
- “Less than 5” is not an acceptable answer. The difference between 1 and 4 represents a 400% increase!!
- Releasing an absolute number per year would not compromise personal data
- The historical data (only going back a decade) must be recorded. Even if the files have been destroyed as the issue has been “spent” (which, in itself, is unlikely) a record of whether a MHPS investigation has or has not taken place must remain within the organisations records.

Due to the unexplained delays following the initial request, I have already requested an internal review. Can you please advise if the internal review occurred?

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

Yours faithfully,

Alan Macleod

Dear Royal Berkshire NHS Foundation Trust,

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

I am writing to request an internal review of Royal Berkshire NHS Foundation Trust's handling of my FOI request 'Medical Staff Investigations'.

PLEASE UPDATE ON REQUEST FOR INTERNAL REVIEW

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

Yours faithfully,

Alan Macleod

Dear Royal Berkshire NHS Foundation Trust,

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

I am writing to request an internal review of Royal Berkshire NHS Foundation Trust's handling of my FOI request 'Medical Staff Investigations'.

Can you please update this?

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

Yours faithfully,

Alan Macleod

Dear Royal Berkshire NHS Foundation Trust,

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

I am writing to request an internal review of Royal Berkshire NHS Foundation Trust's handling of my FOI request 'Medical Staff Investigations'.

Please note, the initial request was mad on the 31st January. I have also submitted multiple requests for an internal review for clarification of the nebulous answers.
Can you please update

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

Yours faithfully,

Alan Macleod

Sirs,

An internal review was requested on in mid March.
This is now 8 weeks ago.

Please update

Belcher Claire, Royal Berkshire NHS Foundation Trust

Dear Mr Macleod

 

The Trust has held an internal review, with regards to your appeal against
the Trust providing the information requested within your original FOI
request.

 

It was agreed that the information should remain exempt under section
40(2), of the Freedom of Information Act.

 

The data for the FOI produced a small number of staff going through MHPS
investigations, this data is therefore individually identifiable. If the
Trust provides you with this data, it would be breaching individuals data
protection rights and confidentiality.

 

If you are dissatisfied with the outcome of this appeal, please do contact
me to discuss this further.  Alternatively you can apply to the
Information Commissioner, who will consider whether the Trust has complied
with its obligations under the FOIA, and can require the Trust to remedy
any problems. You can find out more about how to do this and about the
FOIA in general, on the Information Commissioner’s website at:

 

Website: [1]www.informationcommissioner.gov.uk

 

Complaints to the Information Commissioner should be sent to:

 

FOI/EIR Complaints Resolution

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Best wishes

 

Claire

 

Royal Berkshire   Claire Belcher

NHS Foundation Trust Information Governance Manager

Physio East Building,  

Craven Road, * E: claire.belcher[2]@royalberkshire.nhs.uk

Reading 8 W: [3]www.royalberkshire.nhs.uk

Berkshire

RG1 5AN

 

 

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FOI, Royal Berkshire NHS Foundation Trust

1 Attachment

Dear Mr MacLeod

 

In October 2019 the Trust received a decision notice from the Information
Commissioners Office (ICO), relating to the Trusts response to your below
FOI.

 

The Trust has reviewed is response to your FOI request in March 2019, and
it is the Trusts view that the incorrect exemption was applied. Instead of
exemption section 40(2) (personal information) having been applied, the
following exemption should have been applied:

 

Section 31 (1) (g) and (2) (a) to (d) – Law enforcement

 

(1)    Information which is not exempt information by virtue of section 30
is exempt information if its disclosure under this Act would, or would be
likely to, prejudice –

(g)    The exercise by any public authority of its functions for any of
the purposes specified in subsection (2)

 

(2)    The purposes referred to in subsection (1)(g) to (i) are –

(a)    The purpose of ascertaining whether any person has failed to comply
with the law,

(b)   The purpose of ascertaining whether any person is responsible for
any conduct which is improper

(c)    The purpose of ascertaining whether circumstances which would
justify regulatory action in pursuance of any enactment exist or may
arise, and

(d)   The purpose of ascertaining a person’s fitness or competence in
relation to the management of bodies corporate or in relation to any
profession or other activity which he is, or seeks to become, authorised
to carry on

 

Should you have any questions, please contact me by email. If you are
unhappy in any way regarding the manner in which your request has been
handled, the Trust has an internal review procedure through which you can
raise any concerns you might have.

 

If you are dissatisfied with the outcome of the complaints procedure, you
can apply to the Information Commissioner, who will consider whether the
Trust has complied with its obligations under the FOIA, and can require
the Trust to remedy any problems. You can find out more about how to do
this, and about the FOIA in general, on the Information Commissioner’s
website at: [1]www.informationcommissioner.gov.uk

 

Complaints to the Information Commissioner should be sent to:

 

FOI/EIR Complaints Resolution

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Best wishes

 

Claire

 

Royal Berkshire   Claire Belcher

NHS Foundation Trust Head of Information Governance

Physio East Building,  

Craven Road, ( T:   01183 226743

Reading * E: claire.belcher[2]@royalberkshire.nhs.uk

Berkshire 8 W: [3]www.royalberkshire.nhs.uk

RG1 5AN

 

** PLEASE NOTE my working hours are: Monday to Thursday 9.00am to 17.30pm,
and Friday 9.00am to 14.30pm. **

 

 

[4]values strap

 

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FOI, Royal Berkshire NHS Foundation Trust

Dear Mr Macleod,

The Trust has conducted a further internal review on the below FOI request submitted on 31 January 2019.

Upon investigation, the Trust has decided that, due to the timeframe requested, as well as the overall number of staff within the Trust, supplying the information would not contravene an individual’s personal data interests, nor would it be identifiable.
Below are the original answers to the FOI request:

1.) How many permanent medical staff have undergone a MHPS (Maintaining High Professional Standards) Investigation between 2009-2019?
3

2.) What percentage of these have been upheld?
None – all on going

3.)Please provide details annually
2009 – 2015 Information not available
2016 - 0
2017 - 1
2018 - 2
2019 - 0

For information: Historically, annual figures have not been recorded by the Trust. Therefore, data from 2009 – 2015 cannot be provided

Yours sincerely,

Freedom Of Information Team
Royal Berkshire NHS Foundation Trust
Tel: 0118 322 6743/7405
Email: [Royal Berkshire NHS Foundation Trust request email]

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