Dear Department of Health and Social Care, under the freedom of information act I seek some further information. You previously responded FOI-1417594 for information about west essex pct contracts terminating in 2008. Your response quoted house of commons health committee 2008. How do you respond to the suggestion that is made in para 121."121. Although the Department has placed great emphasis on the new commissioning powers of PCTs, so far PCTs have mainly contracted services from existing providers. New dental services have been commissioned to replace services lost when, for example, a dentist retires or leaves the NHS. When the new contract was introduced in April 2006, existing dentists were given strong protections during the period of transition–not least a guarantee that their pattern of service or remuneration would not be changed (unless they agreed) until April 2009.189 ". The contracts should have been guaranteed till 2009. Please advise what authority did the PCT act under to ignore this? If none what do you propose to do to fix this miscarriage of power?
The contract also suggested that PCT must act in good faith and as a responsible public body (clause 11). In view of the guidance from the primary care contracting edited 22 aug 2006 point 3 about partnerships allowing minor changes to happen is provided for. Why did the PCT not allow for this to happen and is this acting in good faith? It should be noted that "incorporation is not a minor change" is highlighted and the said PCT did allow this with other practises but not a change in partnership. Is this reasonable and acting in good faith?

Yours faithfully,

Paul Leeman

Department of Health and Social Care

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Department of Health and Social Care

1 Attachment

Dear Mr Leeman,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1485757).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,
Not very helpful. If you want to have a question then From your response previously you pointed me to the health select committee for evidence of why the contract ended. I pointed out that it also indicated the guaranteed period of protection. So please advise if you have evidence the PCT sought and obtained advice allowing it to offer contracts shorter than that guaranteed by the new contract. If none available then please advise how the PCT is unaccountable for it ignoring the guidance and how this can be remedied

Yours faithfully,

paul leeman

Department of Health and Social Care

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Dear Department of Health and Social Care,
Please respond to the request as made as soon as possible. Look forward to the response

Yours faithfully,

paul leeman

Department of Health and Social Care

Dear Mr Leeman,

Thank you for your request of 21 December under the Freedom of Information
Act (our ref:FOI-1487176)

We are writing to inform you that the Department's consideration of the
balance of the public interest with regards to your request is not yet
complete and requires further time to complete in line with Section 10(3)
of the FOI Act.

The Department is currently assessing the public interest in release under
section 43 (commercial interests).

We anticipate this process will take no longer than a further 20 working
days to complete. We therefore aim to respond fully to your request by 21
February.
 
Please accept our apologies for this delay.
 
If you are not satisfied with the handling of your request, you have the
right to appeal by asking for an internal review once you have received
your response. This should be sent to [DHSC request email]
within two months of the date of our FOI response.  
 
If you are not content with the outcome of your internal review, or should
you wish to raise a complaint about our handling of the case, you may
complain directly to the ICO. Generally, the ICO cannot make a decision
unless you have already appealed our original response and received our
internal review decision. You should raise your concerns with the ICO
within three months of your last meaningful contact with us.

Yours sincerely,

Freedom of Information Team
Department of Health and Social Care
 

show quoted sections

Department of Health and Social Care

Dear Mr Leeman,
 
Thank you for your request of 21 December under the Freedom of Information
Act (our ref:FOI-1487176).

We are writing to inform you that the Department's consideration of the
balance of the public interest with regards to your request is still not
yet complete and requires further time to complete in line with Section
10(3) of the FOI Act.

The Department is currently assessing the public interest in release under
section 43 (commercial interests).

We anticipate this process will take no longer than a further 20 working
days to complete. We therefore aim to respond fully to your request by 21
March.
 
Please accept our apologies for this further delay.
 
If you are not satisfied with the handling of your request, you have the
right to appeal by asking for an internal review once you have received
your response. This should be sent
to [DHSC request email] within two months of the date of our
FOI response.  
 
If you are not content with the outcome of your internal review, or should
you wish to raise a complaint about our handling of the case, you may
complain directly to the ICO. Generally, the ICO cannot make a decision
unless you have already appealed our original response and received our
internal review decision. You should raise your concerns with the ICO
within three months of your last meaningful contact with us.

Yours sincerely,

Freedom of Information Team
Department of Health and Social Care
 

show quoted sections

Department of Health and Social Care

1 Attachment

Dear Mr Leeman, 

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1487176).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,

Having waited for twice the required length of time for a reply I am disappointed with the response. As indicated the information provided by DOH previously gave rise to the suggestion that the report of 2008 was reason enough to have allowed the PCT. to terminate the contract in 2008. However the report indicates a guarantee for contracts of 3 years. Since the responsible authorities are unwilling to address the problem Please address the second part of the request which involves who do I raise this problem with. Also please address the reason for the delay. What does "balance of public interest " mean and how does it affect the request.
If you feel this is not the correct form of question then under the FOI please advise who is accountable for actions of the now disbanded PCT?
Paul Leeman

Yours faithfully,

paul leeman

Department of Health and Social Care

1 Attachment

Dear Mr Leeman,

Your requested internal review of FOI-1487176 is now complete. Please see
the attached letter for the outcome.

Yours sincerely,

FOI Internal Reviews
Department of Health and Social Care
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