Dear Nottingham University Hospitals NHS Trust,

Background: I understand you put out some of your requests for temporary healthcare workers via NHS Professionals to be filled by agencies. This request concerns requests made through NHS Professionals specifically (with the exception of the last two questions which is relate to your overall agency spend cap from NHS Improvement).

This is a Freedom of Information Act 2000 Request for:
1) Please release copies of the KPI reports/summaries sent to the trust from NHS Professionals between January 2016 until present.
2) Please release per month agency requests, requests filled, and consequent fill rate during the same time period (unless this is clearly visible on the KPI reports).
3) Please disclose the individual agency expenditure ceiling from NHS Improvement current and last year (if different).

Please remember that Section 12 of the costs limit does not apply to the application of exemptions (see Fees Regulations 4(3) can also supply case law), and it is presumed that such data should be easily located. Section 12 should be claimed as narrowly as possible if it is asserted it is engaged (and the purported reasoning for its being engaged should please also be disclosed along with what software is used to store this information to enable us to provide assistance in locating the information if necessary, although your IT department is likely to be well placed to assist with this task). Please disclose public interest reasoning and prejudice tests where relevant.

In the unlikely event that the trust asserts that Section 43(2) is engaged it is reminded that commercial interests are not the same as financial interests, and that in such situations the information should be disclosed (case law can be supplied at internal review if necessary).

In the unlikely event that Section 21 is asserted to be engaged because the information has been published somewhere it is reminded that the section states that the information must be 'reasonably accessible' and the caselaw mandates that the known characteristics of the requester are a relevant consideration when considering what reasonable means in this instance and that this may mean that it is inappropriate to cite Section 21, or one can do so only with highly specific and directive Advice and Assistance pursuant to Section 16. For this reason I disclose that I am dyslexic and that it would therefore be more difficult for me to go through significant volumes of published paperwork to identify the data in question. The case of Arnes v ICO & Cabinet Office (EA/2007/0110) provides authority supporting this position and that clearly linking to the information (or if not possible simply not applying the exemption) is appropriate in such circumstances.

If it is asserted that any of the information is intended for future publication with view to claiming Section 22 it is reminded that withholding the information must be 'in all circumstances reasonable' (a high bar), if so please disclose the reasoning and specifically cover:
1. In what timescale is publication planned (precise date not sought, just a timescale)
2. Will all of the information be published or a selection, if so when will this selection be made?

Where Section 41 is claimed please recall that it is required that not only could action for breach of confidence occur but that if it occurred it would, on balance of probabilities, succeed. It is further added that such court cases consider the public interest, and will not succeed if the public interest favours disclosure - thus the public interest should still be considered in weighing up this exemption. If it is claimed could the signed and dated non-disclosure agreement or other basis which it is claimed would give grounds for such action please be disclosed.

I look forward to your prompt reply, ideally within the prescribed 20 day timeframe. Should you require clarification please do not hesitate to get in touch.

Many thanks for the important public service played by information governance team.

Yours faithfully,
Dr Colin Iain Campbell MBChB FRSPH PGDip(Law)

NB - The author permits elements of this Freedom of Information Act 2000 request to be reproduced in whole or in part to aid in placing other requests subject to this notice being left in place. If you place Freedom of Information Requests you may find the following free app helpful in knowing how to handle exemptions:

https://play.google.com/store/apps/detai...