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Dear Mid Essex Hospital Services NHS Trust,

I am requesting the following under the 2000 FOI Act

- The number of exit agreements (resignations, dismissals, retirement etc) containing a Non Disclosure Agreement
- The total amount of money paid as lump sums (excluding any regular payments) as part of these agreements
- The largest sum paid for a single exit agreement by your Trust.

Please provide the information electronically in an Excel sheet where possible.

If it is not possible to provide the information requested please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act.

In any case, if you can identify ways that my request could be refined please provide further advice and assistance to indicate this.at the earliest opportunity as outlined in the ICO guidelines.

I look forward to your response within 20 working days, as stipulated by the Act.

If you have any queries please don’t hesitate to contact me via email or phone and I will be happy to clarify what I am asking for, my details are outlined below.

Best wishes,

Jake Hurfurt

MEHT FOI (RQ8) Mid Essex Hospital, Mid Essex Hospital Services NHS Trust

 Dear Requester

 

Thank you for your email and request for information under the Freedom of
Information Act.

Your request has been acknowledged.  Normal Freedom of Information
timescales apply from receipt of your request (20 working days) into this
MEHT FOI mailbox.

We look forward to dealing with your request.  Please
contact [1][Mid Essex Hospital Services NHS Trust request email] with any queries.

With kind regards
Rebecca Pascoe Youell
Public Information Manager

 

Information in this message may contain confidential and privileged
information. If you are not the intended recipient please accept our
apologies; please do not disclose, copy or distribute information in this
e-mail or take any action in reliance on its contents: to do so is
strictly prohibited and may be unlawful. Please inform us that this
message has gone astray before deleting it. Content of emails received by
this Trust will be subject to disclosure under the Freedom of Information
Act 2000. Unless the information is legally exempt from disclosure,
confidentiality of this e-mail and your reply cannot be guaranteed. Thank
you for your co-operation.

References

Visible links
1. mailto:[Mid Essex Hospital Services NHS Trust request email]

Dear Mid Essex Hospital Services NHS Trust,

Please provide for the last 3 years

Yours faithfully,

Jake Hurfurt

MEHT FOI (RQ8) Mid Essex Hospital, Mid Essex Hospital Services NHS Trust

Good morning / afternoon

Thank you for your request for information under the Freedom of Information Act.

Please find our response attached / beneath.

We are unable to supply a response to this FOI as the numbers are less than 5 and identification may prove possible.

If you are not satisfied with this response you may request an independent internal review by a senior member of the Trust staff who has had no involvement in dealing with your request. We aim to deal with FOI appeals within 20 days of receipt. Emails should be clearly marked ‘Internal Review ' and sent to [email address] Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner. Further information is available at: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK95AF Telephone: 01625 545 700 - www.informationcommissioner.gov.uk

If you have any other queries please do not hesitate to contact me again.

Rebecca
Rebecca Pascoe-Youell

Public Information Manager
Corporate Department

Freedom of Information Requests to be emailed to: [email address]
South Wing - Level 3, Room 5, B346
01245 51(4536) [email address]

Normal working days – Tuesday, Wednesday and Thursday

Information in this message may contain confidential and privileged information. If you are not the intended recipient please accept our apologies; please do not disclose, copy or distribute information in this e-mail or take any action in reliance on its contents: to do so is strictly prohibited and may be unlawful. Please inform us that this message has gone astray before deleting it. Content of emails received by this Trust will be subject to disclosure under the Freedom of Information Act 2000. Unless the information is legally exempt from disclosure, confidentiality of this e-mail and your reply cannot be guaranteed. Thank you for your co-operation.

Dear MEHT FOI (RQ8) Mid Essex Hospital,

Identification or information relating to a third party is a qualified exemption. It requires you to carry out the public interest test before refusing. Please bother to do so on internal review or I will be raising this with the ICO as a complaint of serious malpractice in handling FOIs

Yours sincerely,

Jake Hurfurt

MEHT FOI (RQ8) Mid Essex Hospital, Mid Essex Hospital Services NHS Trust

Thank you for your email.

I will revert to the HR department from where the information was originally requested and responded to.

I will forward any further findings to the Trust Secretary who carries out internal review for him to confirm findings and to ensure the public interest test has been carried out appropriately in response to this FOI.

If you have any other queries please do not hesitate to contact me.

Kind regards

Rebecca
Rebecca Pascoe-Youell

Public Information Manager
Corporate Department

Freedom of Information Requests to be emailed to: [email address]

South Wing - Level 3, Room 42, B346
01245 51(4536) [email address]

Normal working days – Tuesday, Wednesday and Thursday

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Day James (RQ8) Mid Essex Hospital, Mid Essex Hospital Services NHS Trust

1 Attachment

Dear Mr Hurfurt

 

Thank you for your request for an internal review.

 

I have now had the opportunity to look into this for you.

 

As I understand it you asked the questions listed beneath.

 

- The number of exit agreements (resignations, dismissals, retirement etc)
containing a Non Disclosure Agreement

- The total amount of money paid as lump sums (excluding any regular
payments) as part of these agreements

- The largest sum paid for a single exit agreement by your Trust.

 

The FOI team responded to say that due to the extremely low numbers
involved in the request the information was not supplied under section 40
of the FOI Act.  It was stated that had this been released it would be
very likely that the individual could be identified and therefore the
information was not deemed appropriate for release.

 

The FOI Act does not allow for personal information to be released only
data which has been anonymised and there is no obligation to supply
numbers less than 5 due to potential for identification.  Having looked at
this response and discussed with HR I am assured that had this information
been released the identities of the individuals applicable to this
response would have been apparent.

 

I appreciate you have asked for us to carry out the public interest test
and this has been done.

 

I have also looked at several decision notices on this issue from the ICO
where numbers less than 5 have been upheld under consideration of the
application of section 40.

 

I stand by the decision to withhold the information in this case given
that the numbers are less than 5 and section 40 of the FOI Act has been
applied sensibly and appropriately.

 

Should you remain dissatisfied after this internal review, you will have a
right of complaint to the Information Commissioner. Further information is
available at: Information Commissioner's Office Wycliffe House Water Lane
Wilmslow Cheshire SK95AF Telephone: 01625 545 700 -
[1]www.informationcommissioner.gov.uk

 

With kind regards

 

James Day

James Day LLB Solicitor |Trust Secretary & Director of Strategy |
Corporate
Mid and South Essex University Hospitals Group
Broomfield Hospital, Chelmsford, Essex  CM1 7ET
Tel: 01245 515270

[2][email address]

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We don't know whether the most recent response to this request contains information or not – if you are Jake Hurfurt please sign in and let everyone know.