Meeting notes

Steve Walker made this Freedom of Information request to Poole Hospital NHS Foundation Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Poole Hospital NHS Foundation Trust.

Dear Poole Hospital NHS Foundation Trust,

The SWC steering group meeting notes which you kindly provided refer to other discussions and events that I would like to know more about. Please provide:

1) Notes of David Amos' '1:1s' with SWC Human Resources Directors.

2) Notes/presentations from Mr Amos' meeting with Nigel Edwards of the Kings Fund.

3) Notes of the 'Meetings (telcons) held with DH, FTN and NHSE'

4) Notes from the conference which took place at Bevan Brittan's office on 18 Sep.

5) Notes from Mr Amos' discussions with selected directors of nursing.

Thank you.

Yours faithfully,

Steve Walker

Poole Hospital NHS Foundation Trust

OUR REF: IG/2015

Dear Mr Walker

I refer to your request dated: 04/10/2012

We are dealing with your request under the Freedom of Information Act
2000.

As required by the legislation, we aim to answer your request within 20
working days from the date we received it.

If for any reason we are unable to meet this deadline we will keep you
fully informed of the reasons for this.

If you have any queries about this email please contact the Information
Goverance Department on 01202 448689 or 01202 442866.

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.

Poole Hospital NHS Foundation Trust

1 Attachment

Dear Mr Walker

Freedom of Information Request. OUR REF: IG/2015

I refer to your request dated: 04/10/2012

Any Freedom of Information Exemption details are explained in the attached
document.

If you have any queries about this email please contact the Information
Goverance Department on 01202 448689 or 01202 442866.

Regards

Information Goverance
Poole Hospital NHS Foundation Trust

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.

Dear Poole Hospital 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 Poole Hospital NHS Foundation Trust's handling of my FOI request 'Meeting notes'.

I find it impossible to believe that no notes are taken of meetings with the HR directors of 20 Trusts, or of meetings with entities such as NHSE - action points and questions are without question generated, and no professional is going to simply trust to memory to address them all at a later date. If Mr Amos is not taking notes, someone will be.

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

Yours faithfully,

Steve Walker

Poole Hospital NHS Foundation Trust

OUR REF: IG/2015

Dear Mr Walker

I refer to your request for a review dated: 04/10/2012

We are dealing with your review under the Freedom of Information Act 2000.

If you have any queries about this email please contact the Information
Goverance Department on 01202 448689 or 01202 442866.

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.

Poole Hospital NHS Foundation Trust

2 Attachments

Dear Mr Walker

Freedom of Information Request. OUR REF: IG/2015

I refer to your request for a review dated 18.10.12.

Please find attached a review of your request.

If you have any queries about this email please contact the Information
Goverance Department on 01202 448689 or 01202 442866.

Regards

Information Goverance
Poole Hospital NHS Foundation Trust

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.

Dear Poole IGT,

Thank you for your message. Your conclusions appear to be self-contradictory. You state:

"15th October 2012 E-mail from Caldicott Guardian to Information Governance requesting confirmation that no records are held on Trust premises
15th October 2012 E-mail from Information Governance to Caldicott Guardian stating that the Chief Executive and Communications Lead have confirmed that no such records are held.
16th October 2012 Information released to applicant
18th October 2012 Request by applicant for formal review
18th October 2012 E-mail from Information Governance to Chief Executive and Communications Lead asking for confirmation that no request information is held
18th October 2012 Confirmation from Chief Executive and Communications Lead that no such information is held
18th October 2012 E-mail from Chief Executive to Information Governance requesting clarity on the taking of notes and the Freedom of Information status on private consultants taking notes when contracted to a Public Authority
18th October 2012 Telephone call between Information Governance and Information Commissioner asking for confirmation of understanding of what notes fall within the Act, and the position of private consultants doing work for public authorities. The ICO confirmed Information Governance’s understanding on both counts.
18th October 2012 Review sent to Caldicott Guardian for approval."

However, your original response to my FOI request states that Mr Amos does not take notes, that no notes were taken of the meetings with DH, FT & NHSE nor of the conference held at Bevan Brittan's premises.

Your response to the internal review request states that you asked for advice regarding the status of notes taken by consultants acting on behalf of a public body - this suggests that Mr Amos DID take notes. Your response also fails to clarify what the advice was - or what your opinion was that was apparently confirmed by the ICO's office. However, notes taken while acting as an agent of the Trust must certainly be subject to the same FOI provisions as notes taken by an employee.

Your response stated that no notes were taken nor are held by the Trust with regard to the meetings or the conference. As Poole Trust is acting as both overall and communications lead for the South West PTC Consortium, this beggars belief. No such meetings or conference could possibly take place without any notes or presentation materials at all.

Please reconsider, otherwise I will have no option but to complain to the ICO and to publicise the refusal.

Thank you.

Yours faithfully,

Steve Walker

Poole Hospital NHS Foundation Trust

OUR REF: IG/2015

Dear Mr Walker

I refer to your e-mail of 18 October 2012 contesting the review of your
initial request.

This Trust is dealing with this request under the Freedom of Information
Act 2000.

I hope to have a clear response to you as soon as possible, once I have
received feedback from the key stakeholders involved in your request.

If for any reason we are unable to meet this deadline we will keep you
fully informed of the reasons for this. Review If you have any queries
about this email please contact the Information Goverance Department on
01202 448689 or 01202 442866.

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.

Poole Hospital NHS Foundation Trust

OUR REF: IG/2015

Dear Mr Walker

I refer to your request dated: 04/10/2012

As you are aware, we are dealing with your request under the Freedom of
Information Act 2000.

I regret to inform you that this department is still awaiting a formal
response from the CEO and Directors of the Trust.

If you have any queries about this email please contact the Information
Goverance Department on 01202 448689 or 01202 442866.

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.

Poole Hospital NHS Foundation Trust

OUR REF: IG/2015

Dear Mr Walker

I refer to your request dated: 04/10/2012

According to the Directors posiiton on the outstanding issue, the
consortium is not a legal entity. Poole are hosting the SWC and are
therefore the employers of the CEO and Communications Lead. The CEO has
one legal position as Chief Exec of Poole.

If you have any queries about this email please contact the Information
Goverance Department on 01202 448689 or 01202 442866.

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.

Dear IGT,

Thank you for your message. I'm afraid it's not acceptable to suddenly switch to a completely different reason for not responding.

Moreover, while the Consortium may not yet be a legal entity, Poole Trust has issued communications about and on behalf of the Consortium and your CEO and communications lead are acting on its behalf, including messages about the meetings, calls and conference about which I requested the information. Someone made notes of these on behalf of the consortium and/or the Trust, and I am entitled to receive them under the FOI Act.

Finally, David Amos has been appointed to act on behalf of the consortium. Either the consortium exists for him to act on its behalf, or else Poole Trust is acting 'in loco'.

Please provide the information by return.

Yours faithfully,

Steve Walker

Poole Hospital NHS Foundation Trust

OUR REF: IG/2015

Dear Mr Walker,

I refer to your e-mail dated 2 November 2012.

I apologise if you feel that the information sent to you was unhelpful.

I have contacted all the key stakeholders again to ensure that any
relevant information that you have requested from this Trust, is made
available.

With regards to our communications with the ICO, they confirmed that any
NHS related documentation, carried out by NHS staff on NHS premises, falls
under the provisions of the Freedom of Information Act. Therefore this
Trust would be responsible for any notes taken by any individual, which
are in the possession of the Trust.

As both our Chief Executive and Communications Lead were employed by this
Trust during discussions with the SWC, any notes which they may have made,
or which others gave to us so that they are in our possession, would fall
within our responsibility under the Act. This Trust would not be
responsible for any information created or held by other individuals
within the SWC, and held at another site.

In accordance with previous information supplied to you, the individuals
who work for this Trust, who may have been in a position to take notes at
SWC meetings, have clearly stated that no such notes were taken.

Our HR director has confirmed that she holds no documentation that falls
within your request. This has been verified by our Information Governance
Department.

Therefore, I have to restate that no individual at this Trust holds any of
the information you have detailed in your request.

With kind regards

DISCLAIMER: This email and any files transmitted with it are
confidential and intended solely for the use of the individual,
individuals or entity to whom they are addressed.  Any views or opinions
expressed are those of the author and do not necessarily represent the
views of Poole Hospital NHS Foundation Trust unless otherwise explicitly
stated.  This email may contain confidential and/or privileged
materials. In the case of confidential and/or privileged materials, any
review, retransmission, dissemination or other use of these materials by
individuals or entities other than the intended recipient may be the
subject of legal action. If you receive an email in error from Poole
Hospital NHS Foundation Trust, please contact the sender and delete the
material from your computer.