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Provision and calculation of 6700 excess mortality figure for the Department of Health

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I would like to make a new FOI requst:

On 16/7/15 at 18:05, NHS England’s Deborah Williams wrote via email to Nick Freemantle at UCL:

“Thanks very much for your advice today. In the end we managed to supply our press / media teams with the simplest possible statement, as follows. [ FYI the “estimate” was made by Deloitte, and was actually 6700 ]
"The 6,000 figure is an estimate of additional deaths in hospital, based on an analysis of 2013/14 HES data that is due to be published in the BMJ shortly."”

Please provide the emails/documents which detail Deloitte’s calculation which come up with the figure of 6700. Please provide all attachments with emails.

Please state how this figure was given to the secretary of state or Department of Health

Please provide the email/letter chain giving the figure to the Department of health/secretary of state, with attachments.

Kindest Regards,

Jonathan P Sturgeon

Contactus England (NHS ENGLAND), NHS England

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FOI England (NHS ENGLAND), NHS England

Dear Mr Sturgeon,

 

Thank you for your communication dated 04 August 2016.

 

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.

 

For further information regarding the FOI Act, please refer to the
Information Commissioner’s Office (ICO) website. For further information
regarding NHS England and the information it publishes please visit our
website here.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI- 011431)

 

We are writing further to your Freedom of Information (FOI) request dated
4 August 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with a full response as soon as possible. We will write to provide a
further update on or before COP 16 September 2016, if your response is not
complete by this time.

 

We apologise for any inconvenience this may cause. Please be aware, if you
are dissatisfied with the handling of your request you have the right to
ask for an internal review by writing to us, within two months of the date
of this letter, to:-

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email] 

 

Please quote your reference number as provided above.

 

Please note, that as you have not yet received a response to your request,
any Internal Review will only be able to review the handling of your case
to date, and is unlikely to expedite a response.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted
at:-

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI-011431)

 

We are writing further to your Freedom of Information (FOI) request dated
4 August 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with a full response as soon as possible. We will write to provide a
further update on or before 30 September 2016, if your response is not
complete by this time.

 

We apologise for any inconvenience this may cause. Please be aware, if you
are dissatisfied with the handling of your request you have the right to
ask for an internal review by writing to us, within two months of the date
of this letter, to:-

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email] 

 

Please quote your reference number as provided above.

 

Please note, that as you have not yet received a response to your request,
any Internal Review will only be able to review the handling of your case
to date, and is unlikely to expedite a response.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted
at:-

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI-011431)

 

We are writing further to your Freedom of Information (FOI) request dated
4 August 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with a full response as soon as possible. We will write to provide a
further update on or before Friday 14 October 2016, if your response is
not complete by this time.

 

We apologise for any inconvenience this may cause. Please be aware, if you
are dissatisfied with the handling of your request you have the right to
ask for an internal review by writing to us, within two months of the date
of this letter, to:-

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email] 

 

Please quote your reference number as provided above.

 

Please note, that as you have not yet received a response to your request,
any Internal Review will only be able to review the handling of your case
to date, and is unlikely to expedite a response.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted
at:-

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI-011431)

 

We are writing further to your Freedom of Information (FOI) request dated
4 August 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with a full response as soon as possible. We will write to provide a
further update on or before Friday 28 October 2016, if your response is
not complete by this time.

 

We apologise for any inconvenience this may cause. Please be aware, if you
are dissatisfied with the handling of your request you have the right to
ask for an internal review by writing to us, within two months of the date
of this letter, to:-

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email] 

 

Please quote your reference number as provided above.

 

Please note, that as you have not yet received a response to your request,
any Internal Review will only be able to review the handling of your case
to date, and is unlikely to expedite a response.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted
at:-

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI-011431)

 

We are writing further to our email dated 14 October 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with a full response as soon as possible. We will write to provide a
further update on or before Friday 11 November 2016, if your response is
not complete by this time.

 

We apologise for any inconvenience this may cause. Please be aware, if you
are dissatisfied with the handling of your request you have the right to
ask for an internal review by writing to us, within two months of the date
of this letter, to:-

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email] 

 

Please quote your reference number as provided above.

 

Please note, that as you have not yet received a response to your request,
any Internal Review will only be able to review the handling of your case
to date, and is unlikely to expedite a response.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted
at:-

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI-011431)

 

We are writing further to our email dated 28 October 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with a full response as soon as possible. We will write to provide a
further update on or before Friday 18 November 2016, if your response is
not complete by this time.

 

We apologise for any inconvenience this may cause. Please be aware, if you
are dissatisfied with the handling of your request you have the right to
ask for an internal review by writing to us, within two months of the date
of this letter, to:-

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email] 

 

Please quote your reference number as provided above.

 

Please note, that as you have not yet received a response to your request,
any Internal Review will only be able to review the handling of your case
to date, and is unlikely to expedite a response.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted
at:-

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI-011431)

 

We are writing further to our email dated 11 November 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with a full response as soon as possible. We will write to provide a
further update on or before Friday 2 December 2016, if your response is
not complete by this time.

 

We apologise for any inconvenience this may cause. Please be aware, if you
are dissatisfied with the handling of your request you have the right to
ask for an internal review by writing to us, within two months of the date
of this letter, to:-

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email] 

 

Please quote your reference number as provided above.

 

Please note, that as you have not yet received a response to your request,
any Internal Review will only be able to review the handling of your case
to date, and is unlikely to expedite a response.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted
at:-

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

3 Attachments

Dear Mr Sturgeon,

 

Re:      Freedom of Information request (Our Ref: FOI-011431)

 

Thank you for your Freedom of Information (FOI) request dated 4 August
2016. Please accept our sincere apologies for the delay in responding to
your request.

 

Your exact request was:

“I would like to make a new FOI requst:

 

On 16/7/15 at 18:05, NHS England’s Deborah Williams wrote via email to
Nick Freemantle at UCL:

 

“Thanks very much for your advice today. In the end we managed to supply
our press / media teams with the simplest possible statement, as follows.
[ FYI the “estimate” was made by Deloitte, and was actually 6700 ] "The
6,000 figure is an estimate of additional deaths in hospital, based on an
analysis of 2013/14 HES data that is due to be published in the BMJ
shortly."”

 

[1] Please provide the emails/documents which detail Deloitte’s
calculation which come up with the figure of 6700. Please provide all
attachments with emails.

 

[2] Please state how this figure was given to the secretary of state or
Department of Health

 

[3] Please provide the email/letter chain giving the figure to the
Department of health/secretary of state, with attachments.”

 

NHS England holds some information relevant to your request.

 

We have provided information in relation to each element of your request
below for convenience.

 

1.    Please provide the emails/documents which detail Deloitte’s
calculation which come up with the figure of 6700. Please provide all
attachments with emails.

 

NHS England holds some information in relation to this element of your
request.

 

However, we are withholding this information under section 36 (prejudice
to the effective conduct of public affairs) of the FOI Act.

 

Section 36 provides that information is exempt from disclosure if to do so
would, or would be likely to, prejudice the effective conduct of public
affairs. Section 36 states that information is exempt if, in the opinion
of a “qualified person”, its disclosure would prejudice the free and frank
provision of advice or exchange of views for the purposes of deliberation,
or would otherwise prejudice, or would be likely otherwise to prejudice,
the effective conduct of public affairs. 

 

NHS England’s qualified person has considered the position and is of the
view that this information would, if disclosed:

 

·         prejudice the free and frank exchange of views for the purposes
of deliberation; and

·         otherwise prejudice the effective conduct of public affairs.

 

Section 36 is a qualified exemption; therefore we are required to consider
whether the public interest in disclosing the information outweighs the
public interest in applying the exemption.

 

NHS England recognises the general public interest in making this
information available for the sake of greater transparency and openness. 

 

The information which NHS England holds, and which is being withheld under
section 36 relates to draft versions of a slide pack produced by Deloitte
in order to showcase the analysis of the case for 7-day services.
Disclosure of this information would be likely to inhibit the free and
frank exchange of views for the purposes of deliberation. The slides were
intended to generate discussions and facilitate consideration of issues
relating to 7-day services, prior to the formal policy development
process. It is a necessary part of policy formation to enable such
discussion in the early stages of the process. The discussions took place
between a small group of individuals, and on the basis that the
discussions would be private, and individuals could openly express their
views.

 

Premature disclosure of this information would have a “chilling effect” on
these free and frank discussions, with the effect being that individuals
may start to moderate their comments. There is a recognised public
interest in enabling a “safe space” within which controversial or
sensitive ideas can be explored.

 

Work is still underway to develop the formal policy that will underpin
7-day services, and this development may be hindered if free and frank
discussion does not continue.

 

We recognise the duty of NHS England to perform its functions in a way
that is open and transparent. There is a clear public interest in the
development of 7-day services. Premature disclosure at this point is
likely to impede the process of developing the formal process. In
addition, media coverage of this analysis, which lacks the necessary
context, is likely to result in the key issues being lost. It is therefore
considered that the information is exempt under section 36(2)(b)(ii)

 

In addition to section36(2)(b)(ii) we consider that disclosure of this
information could otherwise prejudice the effective conduct of public
affairs as provided under section 36(2)(c).

 

Our view is that disclosure would have an adverse effect on NHS England’s
ability to formulate policy, for the reasons explained above. In addition,
disclosures of this sort are likely to have a wider effect on NHS
England’s functions generally, in that a number of these functions are
best served where the working environment allows for staff to be able to
freely and frankly express views and concerns, without editing these
comments on the basis they may be made public. As explained above,
premature disclosure would lead to NHS England being required to divert
limited resources to deal with the media coverage and resulting enquiries,
rather than managing a coordinated approach to disclosure and related
coverage of the issues in question.

 

We appreciate that there is a strong public interest in the information
relating to 7 day services and the underlying analysis. For the reasons
explained above, however, our view remains that premature disclosure of
this particular information will not be helpful to the public without
further context, which will be provided via the planned publication
route.  It is therefore considered that the information is also exempt
under section 36(2)(c).

 

In addition, disclosure of this information could also impact future
projects and discussions about controversial and sensitive policy issues,
in that staff would have reason to believe that all discussion could be
released to the public.

 

This “chilling effect” would, in turn, impair the quality of policy making
by NHS England. The resulting situation would be one where such decisions
were made without NHS England having all the relevant information; and
without full and frank deliberations over options having taken place.

 

There is a clear public interest in promoting a “safe space” within which
free and frank discussion of options and potential impacts can be
explored, especially when analysis is at an early stage.

 

We have considered the arguments for and against disclosure. Our view is
that disclosure of the information in question would be likely to have the
“chilling effect” described above, and that this would apply both
specifically in relation to the ongoing policy development process, and
generally in terms of NHS England’s ability to consider and analyse
proposals.

 

We also consider that the requested information is exempt under Section 43
of the FOI Act (FOIA), which exempts from the general duty to release
information which would, or would be likely to, prejudice the commercial
interests of any entity, including the public authority holding the
information.

 

Section 43 is a prejudice based exemption and as such we are required to
apply the prejudice test in our application of this exemption. NHS England
is of the opinion that this information is commercially sensitive. The
information requested relates to proposed policy and financing structure
regarding the 7 Day Service. Releasing this information will expose
details of NHS England’s proposed service requirements and pricing
structures for the 7 day service at a time when NHS England is in the
process of developing the final policy. If it were to be made known to
providers prior to them calculating the cost of delivering the service and
tendering to provide those services it would prejudice the process by
giving providers an indication of the costs NHS England expects. As such
disclosure of the information may affect NHS England’s ability to ensure
value for money and achieve competitive costs. With this in mind, on
balance, NHS England is of the opinion that disclosure of this information
would prejudice NHS England and therefore section 43 is engaged in respect
of this information.

 

Section 43 is a qualified exemption and, as such, we are required to
assess the public interest in withholding this information against that of
its release. NHS England recognises a general public interest in being
open and transparent in respect of our services and financial activity,
however, it is our opinion that there is a public interest in ensuring
that the commercial interests of NHS England are not damaged or undermined
by disclosure of information which is not common knowledge and which could
adversely impact on the future business and purchasing position of NHS
England and the use of public funds as highlighted earlier in this reply.
Therefore, we consider that releasing this information would not be in the
public interest.

 

2.    Please state how this figure was given to the secretary of state or
Department of Health

 

3.     Please provide the email/letter chain giving the figure to the
Department of health/secretary of state, with attachments.

 

With regard to these elements of your request, the information held by NHS
England is disclosed in the attached documents.

 

Please note that some of the information provided has been redacted under
Section 40 (personal information) of the FOI Act, as the information
constitutes third party data. Section 40(2) provides that personal data
about third parties is exempt information if one of the conditions set out
in section 40(3) is satisfied.

 

Under the FOI Act disclosure of this information would breach the fair
processing principle contained in the Data Protection Act (DPA), where it
would be unfair to that person/is confidential. Releasing this information
would breach the data protection protocol as it would be unfair to release
individuals’ details when they did not intend them to be used in such a
way. Section 40 is an absolute exemption and therefore not subject to the
public interest test when considering disclosure of information.

 

We would like to apologise again for the length of time it has taken to
provide you with a response to your FOI request. This has fallen short of
our standards and we would like to offer our sincere apologies for the
delay incurred.

 

Copyright: NHS England operates under the terms of the open government
licence. Please see the NHS England Terms and conditions on the following
link [1]http://www.england.nhs.uk/terms-and-cond...

 

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review by writing to us, within two
months of the date of this letter, to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [2][NHS England request email]

 

Please quote the reference number FOI-011431 in any future communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [3][email address]  

Website: [4]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [5][NHS England request email].

   

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [6][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

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1. http://www.england.nhs.uk/terms-and-cond...
2. mailto:[NHS England request email]
3. mailto:[email address]
4. http://www.ico.gov.uk/
5. mailto:[NHS England request email]
6. mailto:[NHS England request email]

Dear NHS England,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of NHS England's handling of my FOI request 'Provision and calculation of 6700 excess mortality figure for the Department of Health'.

I am concerned about:

1) I am not sure the S36 exemption, which has been used to withhold the Deloitte documents, has had the public interest test correctly applied. Jeremy Hunt directly used this 6700 figure to kick off his weekend effect policymaking, including the imposition of the junior doctor contract. I therefore believe it is therefore in the public interest to know the data he was using.
- Please reassess the public interest test for this document. Please also consider whether you could make a partial or redacted disclosure.

2) You provide NHS England's post-hoc calculations for the DH from 6/8/15 in Document 1. This ended up getting published here:
https://www.gov.uk/government/publicatio...

It would be exceptionally helpful if under your duty under Section 16 FOIA (2000) if you could clarify:
- Does the Deloitte document you have withheld under Section 36 calculate the excess mortality figure exactly (or very similarly) to the document you provided as document 1? i.e. does the Deloitte document come up with 5745 (or very near it)? Or does the Deloitte document come up with 6700 (or very near it) as per Deborah Williams email? I accept the answer to this will affect the public interest test to point 1, as if the calculation is fully, and completely, in the public domain already, the public interest in further releasing the original document is diminshed.

3) You have not provided any emails providing the DH with the 6700 (?6000, ?5700) figure before Jeremy Hunt used it on 16th July 2015. You have therefore not provided any contemporaneous information.
- Please can you ensure you have adequately searched for these, and that you provide any info held. Alternatively, can you confirm that NHS England does not hold this information.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

J P Sturgeon

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Thank you for your email dated 25 November 2016. Please see this email as
acknowledgement of your Internal Review request.

 

We endeavour to respond to Internal Reviews within 20 working days.
However, please be aware that on some occasions this has been extended to
40 working days. An officer will be allocated to handle your Internal
Review and will update you accordingly where necessary.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

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1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Internal Review request (Our Ref: IR-011431)

 

We are writing further to your Internal Review request dated 25 November
2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond to your request at this time.
We are still in the process of assessing your request and will provide you
with an Internal Review outcome as soon as possible. We will write to
provide a further update on or before 4 January 2017, if your outcome is
not complete by this time.

 

We apologise for any inconvenience this may cause.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [1][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [2][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

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1. mailto:[NHS England request email]
2. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Internal Review request (Our Ref: IR-011431)

 

We are writing further to our email dated 23 December 2016.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond at this time. We are still in
the process of assessing your request and will provide you with an
Internal Review outcome as soon as possible. We will write to provide a
further update on or before 18 January 2017, if your outcome is not
complete by this time.

 

We apologise for any inconvenience this may cause.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [1][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [2][NHS England request email]

 

‘High quality care for all, now and for future generations’

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1. mailto:[NHS England request email]
2. mailto:[NHS England request email]

Brenda Prentice left an annotation ()

It is astonishing that NHS England can take so long to respond to a FIO request.

Doesn't give much hope for others seeking information....How do they get a way with it?

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Internal Review request (Our Ref: IR-011431)

 

We are writing further to our email dated 4 January 2017.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond at this time. We are still in
the process of assessing your request and will provide you with an
Internal Review outcome as soon as possible. We will write to provide a
further update on or before 1 February 2017, if your outcome is not
complete by this time.

 

We apologise for any inconvenience this may cause.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [1][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [2][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Internal Review request (Our Ref: IR-011431)

 

We are writing further to our email dated 18 January 2017.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond at this time. We are still in
the process of assessing your request and will provide you with an
Internal Review outcome as soon as possible. We will write to provide a
further update on or before 15 February 2017, if your outcome is not
complete by this time.

 

We apologise for any inconvenience this may cause.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [1][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [2][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Internal Review request (Our Ref: IR-011431)

 

We are writing further to our email dated 1 February 2017.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond at this time. We are still in
the process of assessing your request and will provide you with an
Internal Review outcome as soon as possible. We will write to provide a
further update on or before 1 March 2017, if your outcome is not complete
by this time.

 

We apologise for any inconvenience this may cause.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [1][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [2][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Dr Sturgeon,

 

Re:      Internal Review request (Our Ref: IR-011431)

 

We are writing further to our email dated 15 February 2017.  

 

Please accept our apologies for the delay in responding to your request.
NHS England is not in a position to respond at this time. We are still in
the process of assessing your request and will provide you with an
Internal Review outcome as soon as possible. We will write to provide a
further update on or before 15 March 2017, if your outcome is not complete
by this time.

 

We apologise for any inconvenience this may cause.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [1][NHS England request email].

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [2][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]

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