Permission from Relatives

Nick Leaton made this Freedom of Information request to Barts Health NHS Trust

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Response to this request is long overdue. By law, under all circumstances, Barts Health NHS Trust should have responded by now (details). You can complain by requesting an internal review.

Dear Barts Health NHS Trust,

You recently hosted the BBC where filming took place in a mortuary.

The guidelines for filming in those areas are published by the Human Tissue Authority.

https://www.hta.gov.uk/sites/default/fil...

The guidelines cover this

== This guidance is for anyone considering filming or taking photographs of a
post-mortem examination or activities taking place within a mortuary setting ==

by virtue of covering activities in a mortuary setting.

The rule that applies

== We consider it important to seek prior consent in respect of any filming,
photography and use of such footage (including publication, live-streaming or
subsequent broadcast). Ideally, consent should be sought from an individual
before they die. If this has not happened, permission should be sought from
family members or relatives. Where the Coroner has an interest in the case,
their agreement must be obtained for the filming to take place. ==

How many consents did you get either prior to death [unlikely]?

How many consents did you get post death from relatives or family members?

How many consents did you not get?

Yours faithfully,

Nick Leaton

BARTSHEALTH, Foi (BARTS HEALTH NHS TRUST), Barts Health NHS Trust

Updated message February 2021:  

 

Please be aware that the Trust is experiencing significant operational
pressures in this wave of Covid-19. We may take longer than usual to
respond to your request and would encourage you to withdraw it if your
request is not time-sensitive or if you realise that you no longer require
the information that you have requested.   

 

Yours sincerely,

Freedom of Information Team
Barts Health NHS Trust

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BARTSHEALTH, Foi (BARTS HEALTH NHS TRUST), Barts Health NHS Trust

Updated message February 2021:

Please be aware that the Trust is experiencing significant operational pressures in this wave of Covid-19. We may take longer than usual to respond to your request and would encourage you to withdraw it if your request is not time-sensitive or if you realise that you no longer require the information that you have requested.

Dear Nick Leaton

Your Request for Information: FOI-0126-21

Thank you for your recent request for information. This will be processed in accordance with the requirements of the Freedom of Information (FOI) Act.

The FOI Act defines a number of exemptions which may prevent the release of the information you have requested. We will assess the material and if any of the exemption categories apply, then the information may not be released. We will tell you if that is so. If the information you request refers to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. We will let you know if that is the case and give you an indication of the timescale for providing the information. There may be a fee payable for the information you have requested. The fee must be paid before the information is released. We will inform you if this is the case.

Information that we may provide in response to the FOI Act request will be subject to copyright protection. You may ask if you can re-use the information, perhaps for commercial purposes. Without the necessary permission you can breach our copyright. To enquire about re-using Trust information, please write to us at the above address or e-mail [Barts Health NHS Trust request email]

If you have any queries then please contact us at [Barts Health NHS Trust request email]

If you are dissatisfied with how your request has been handled, please contact the Freedom of Information Team to see if your concerns can be addressed informally.

Alternatively, you can contact the Head of Information Governance & Data Protection Officer.

Postal address:
Head of Information Governance
& Data Protection Officer
Barts Health NHS Trust,
Information Governance
Shape Your Story
Floor 9, 20 Churchill Place
London, E14 5HJ

If, after we have addressed your complaint, you remain dissatisfied with how we have responded, you are entitled to appeal to the Information Commissioner (Tel: 01625 545 745). Details are shown at www.ico.org.uk.

Yours faithfully,

Freedom of Information Team
Barts Health NHS Trust
Information Governance (FOI)
Shape Your Story
Floor 9, 20 Churchill Place
London, E14 5HJ

Website: www.bartshealth.nhs.uk
[Barts Health NHS Trust request email]

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BARTSHEALTH, Foi (BARTS HEALTH NHS TRUST), Barts Health NHS Trust

1 Attachment

Dear Nick Leaton

 

Please find attached the Trust’s response to your request.

 

Yours sincerely

 

Freedom of Information Team

Barts Health NHS Trust

Information Governance (FOI)

Shape Your Story

Floor 9, 20 Churchill Place

London, E14 5HJ

 

Website: [1]www.bartshealth.nhs.uk 

[2][Barts Health NHS Trust request email]

   

Please note our new Freedom of Information email address –
[3][Barts Health NHS Trust request email]

 

 

 

 

 

 

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Dear BARTSHEALTH, Foi (BARTS HEALTH NHS TRUST),

Thank you for your response. I suspect your response is truthful. However, when you look at the Human Tissue Authority Guidelines, the Guidelines state quite clearly that you need permission of relatives or the deceased.

Article 9.

We consider it important to seek prior consent in respect of any filming,
photography and use of such footage (including publication, live-streaming or
subsequent broadcast). Ideally, consent should be sought from an individual
before they die. If this has not happened, permission should be sought from
family members or relatives. Where the Coroner has an interest in the case,
their agreement must be obtained for the filming to take place.

That's ANY filming.

Article 6

Each HTA licensed establishment has to nominate a person, the Designated
Individual (DI), under whose supervision the licensed activities take place.
Under the HT Act, the DI’s responsibilities include ensuring that suitable
people are carrying out the licensed activities and that they are using suitable
practices. They are also responsible for ensuring that there are procedures in
place governing access by any visitors to the mortuary.

Article 7.

DIs usually contact the HTA if they are approached by anyone wishing to film
or photograph activities taking place and we encourage them to do so.

From information from the HTA, this was not done.

Do you have a telephone number on which I can ring you regarding this?

Yours sincerely,

Nick Leaton

BARTSHEALTH, Foi (BARTS HEALTH NHS TRUST), Barts Health NHS Trust

Dear Nick Leaton,

Thank you for your email. We are looking at the comments you have made and will send you a response.

Yours sincerely

Freedom of Information Team
Barts Health NHS Trust
Information Governance (FOI)
Shape Your Story
Floor 9, 20 Churchill Place
London, E14 5HJ

Website: www.bartshealth.nhs.uk
[Barts Health NHS Trust request email]

Please note our new Freedom of Information email address – [Barts Health NHS Trust request email]

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