Dear Brighton and Sussex University Hospitals NHS Trust,

This request for information is an attempt to seek reassurance about the safety of public buildings in the light of the findings revealed in the Inquiry commissioned following the collapse of a school building wall in Edinburgh and subsequent closure of 17 schools.
Please answer the following for each PFI/PPP schemes in your health trust treating each scheme as a separate request.
Please provide all documents showing how your organisation has responded to the findings contained in the report on Edinburgh Schools Construction by John Cole: including, but not limited to memos, emails, minutes, reports.
I would like to understand the expertise and resource committed by your organisation to the management and oversight of PFI schemes from procurement through to ongoing contract operation. Please provide documents relating to the PFI Team(s) allocated to each project its makeup and structure of the team during each project phase. This may comprise terms of reference, organisation chart, post titles and role profiles.
Provide the deed of appointment for the Independent Certifier and any other documents setting out the scope of that role. Please confirm the level of indemnity insurance and liability period.
Please confirm whether your organisation employed a member of the Institute of Clerk of Works or an inspector of similar standing and assigned them to each construction site. If someone in this role was employed please confirm their level of qualification, the salary associated with this role and how much time was allocated to per project/site.
Please provide a list of all enforcement or improvement notices served; investigations carried out and reports commissioned into fire safety (include dates and specify who commissioned or issued these) Please provide copies of all items listed.
Provide details of all attempts to make deductions relating to structural defects for each project. Confirm the amount, what it was for, and when the deduction was made.g

Yours faithfully,

Megan Ingles

FOI, Brighton and Sussex University Hospitals NHS Trust

Dear Megan Ingles,

 

Thank you for your request for information made under the Freedom of
Information Act, which was received in our office today.  Under the terms
of the Act, the Trust will endeavour to respond to your

request within 20 working days.

 

We will now consider your request and reply more fully in due course. 
Some information, however, might be withheld due to exemptions which are
allowed for by the Act.  If this is the case, we will tell you that we
have withheld information and why.

 

If clarification is required to assist us in locating and identifying the
information you have requested we will contact you.  The 20 working day
clock will then restart once we have received clarification from you.

 

If we can be of any further assistance to you in the meantime, please do
not hesitate to contact the Trust at: [1][BSUH request email].  Please quote
your reference number in any communication with us.

Yours sincerely,

 

Freedom of Information Office

Brighton and Sussex University Hospitals NHS Trust

References

Visible links
1. mailto:[BSUH request email]

FOI, Brighton and Sussex University Hospitals NHS Trust

Dear Megan Ingles,

 

Thank you for your recent request for information under the Freedom of
Information (FOI) Act 2000.

 

We are now in a position to respond to your request.

 

Your request:

 

This request for information is an attempt to seek reassurance about the
safety of public buildings in the light of the findings revealed in the
Inquiry commissioned following the collapse of a school building wall in
Edinburgh and subsequent closure of 17 schools.

 

Please answer the following for each PFI/PPP schemes in your health trust
treating each scheme as a separate request.

 

1.  Please provide all documents showing how your organisation has
responded to the findings contained in the report on Edinburgh Schools
Construction by John Cole: including, but not limited to memos, emails,
minutes, reports.

 

I would like to understand the expertise and resource committed by your
organisation to the management and oversight of PFI schemes from
procurement through to ongoing contract operation.

 

2.  Please provide documents relating to the PFI Team(s) allocated to each
project its makeup and structure of the team during each project phase.
This may comprise terms of reference, organisation chart, post titles and
role profiles.

 

3.  Provide the deed of appointment for the Independent Certifier and any
other documents setting out the scope of that role.

 

4.  Please confirm the level of indemnity insurance and liability period.

 

5.  Please confirm whether your organisation employed a member of the
Institute of Clerk of Works or an inspector of similar standing and
assigned them to each construction site. If someone in this role was
employed please confirm their level of qualification, the salary
associated with this role and how much time was allocated to per
project/site.

 

6.  Please provide a list of all enforcement or improvement notices
served; investigations carried out and reports commissioned into fire
safety (include dates and specify who commissioned or issued these) 
Please provide copies of all items listed.

 

7.  Provide details of all attempts to make deductions relating to
structural defects for each project. Confirm the amount, what it was for,
and when the deduction was made.

 

Our response:

 

Under Section 1(1)(a) of the Freedom of Information Act, the Trust can
confirm that it holds information relevant to your request however we are
unable to provide it at this time.

 

In its current format, your request is essentially a large research
project that will require significant investigation.  The Trust does not
hold centrally much of the information you have requested.  Any attempt to
compile the information you have requested would require considerable
staff time and most certainly exceed the maximum time limit allowable
under the Act.  We are therefore engaging section 12 exemption (cost
limit) regarding your request at this time.

 

Brighton and Sussex University Hospitals NHS Trust has studied the work
involved in processing your requests for information and has estimated
that the cost of complying with this would exceed the appropriate limit as
set out in the Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004. The limit set down by the regulations
for public authorities is £450, which amounts to a maximum of 18 hours of
search and retrieval time charged at £25.00 per hour, the hourly rate also
specified in the regulations.

 

BSUH NHS Trust considers that it would take in excess of 18 hours to
retrieve and extract the information in the format that you have
requested.  Subsequently, it would cost the Trust more than £450, the
limit specified in the regulations. Under section 12 of the Freedom of
Information Act, BSUH NHS Trust is therefore not obliged to provide the
information that you have requested.

 

Under section 16 of the Act, the Trust has the responsibility of assisting
applicants with their FOI requests where possible and reasonable to do
so.  If you are able to revise and/or reduce the scope of your request,
then it may be that this would fall below the £450 limit as laid out under
the regulations.  In which case, we would be happy to reconsider your
request.

 

The aim of the Trust is to provide the best care possible for our
patients.  Freedom of Information requests that will require an
unreasonable amount of staff time to complete, cannot be given priority
over the management and delivery of patient services.  Our staff simply do
not have the spare capacity to honour such large requests for
information.   We appreciate your understanding in this matter.

 

 

If you require clarification or if we can be of any further assistance to
you, please do not hesitate to contact us at: [1][BSUH request email]

 

Re-use of Public Sector Information Regulations 2005

 

The supply of information under the Freedom of Information Act is intended
to be for personal use only and does not automatically give the recipient
the right to commercially re-use it, for example, the right to publish it
or make it available to a wider audience [SI 2005 No: 1515 4(1)].

 

The Trust provides information under the Freedom of Information Act in
line with the template [2]Open Government Licence for public sector
information.  Should you wish to re-use any information in line with this
Licence then you are not required to take any further action.

 

The Open Government Licence allows you to re-use information freely and
flexibly, with only a few conditions.  If you wish to re-use information
outside of the Licence terms then please inform the Trust as unauthorised
re-use may be in breach of copyright law.

 

If you are dissatisfied with the outcome of your enquiry, you have the
right to appeal.  Please email us or write to:

 

Brighton and Sussex University Hospitals NHS Trust
Freedom of Information Office

Headquarters, First Floor

St Mary’s Hall, Eastern Road

Brighton BN2 5JJ

 

If you are still not satisfied with the outcome of your appeal, you can
write to:

 

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 01625 545700

 

We hope that you find the information provided helpful.

 

Yours sincerely

 

Freedom of Information Office

Brighton and Sussex University Hospitals NHS Trust

References

Visible links
1. mailto:[BSUH request email]
2. http://www.nationalarchives.gov.uk/doc/o...

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