R2H Consulting

The request was successful.

Dear Bristol Primary Care Trust (PCT),

This request refers to a 4th July 2012 response you provided for
FOI 1213 085B in which you said that NHS Bristol had no contract with R2H consulting because the consultant was contracted via Morgan Law under a National Agency Agreement.

North Bristol NHS Trust (NBT) has contradicted you its response to my request for this information about work performed for it by R2H Consulting.

I asked NBT for

The Trust's procurement rules under which R2H's consultancy was procured.
The Trust's procurement rules for extending the Trust's contract with R2H consulting at the end of each contracted period.

In December 2012, after having to be prompted by the ICO to conduct an internal review, NBT responded:

"I am comfortable that North Bristol NHS Trust has not broken any procurement rules in acquiring the services of R2H. In hindsight, it would have been appropriate for NBT to have received the contract from the PCT under a formal ‘Novation Agreement’, where all parties agreed to the transfer of the obligations under the contract without change to the terms and conditions. I am, however, comfortable that the principles of consent behind such agreement have been followed in good faith between the parties."

The Information I request from NHS Bristol is as follows, please:

1. What contract between R2H and the PCT is NBT referring to? Please provide me with a copy.

2. A copy of R2H's obligations under the Data Protection Act 1998 in respect of all the consultant's work carried out for NHS Bristol.

3. Copies of the Procurement terms and contract relating to R2H's current and/or recent assignment for NHS Bristol in respect of Modernising Mental Health.

Yours faithfully,

Mrs D Havercroft

Tucker Kathryn,

Dear Mrs Havercroft

Please accept this as NHS Bristol's acknowledgment of your Freedom of
Information request. This has been given reference number FOI 1213 374B
please use this in all future correspondence.

We will respond to your request by 8th February 2013.

If following review of your request we require any further clarification
we will contact you as soon as possible.

Yours sincerely

Kat Tucker
Complaints & FOI Manager
NHS Bristol & NHS North Somerset
0117 900 2494
From 1 June 2011, NHS Bristol, NHS North Somerset and NHS South
Gloucestershire have formed a primary care trust cluster. Each
organisation continues to be a legal body.

If you are providing any personal and/or confidential information to NHS
Bristol via email, please note that we are only responsible for the
information held within our network and cannot guarantee its security
until it reaches us. If you wish to provide this information in another
form please contact me to arrange.

Recipients should be aware that all e-mails received and sent by this
organisation are subject to the Freedom of Information Act (2000) and
therefore may be disclosed to a third party. You should also be aware
that the information contained in this message, or any of its
attachments, may be privileged and confidential and intended for the
exclusive use of the addressee. The views expressed in this e-mail may
not be the official policy of this organisation but the personal view of
the originator. If you are not the addressee, you must not read, copy,
disclose, forward or otherwise use the information contained within this
e-mail. If you receive this e-mail in error, please notify the sender
(whose contact details are above) immediately by reply e-mail and delete
the message and any attachments without retaining any copies. All
messages sent by this organisation are checked for viruses but this does
not, and cannot, guarantee that a virus has not been transmitted. Please
ensure that you take your own precautions for the detection and
eradication of viruses.

show quoted sections

Tucker Kathryn,

2 Attachments

Dear Mrs Havercroft

Please find NHS Bristol's response to your freedom of information
request attached to this email. I trust this is satisfactory, but if you
feel that it is not then please do not hesitate to contact us again and
we will endeavour to assist you further.

Please note that if you are unhappy with the way in which your request
has been administered, you have the right to request a review.

You also have the right to appeal any response with the Information
Commissioner for Freedom of Information, as stated under the Freedom of
Information Act. Information regarding this is available on their
website www.ico.gov.uk .

'If you wish to re-use the information you have requested, in whole or
in part, please write to me stating the purpose(s) you wish to re-use
the information for. We will respond within 20 working days of
receiving your request with any conditions or charges that relate to the
re-use of the information. These will be determined in line with the
'Re-use of Public Sector Information Regulations 2005 (SI 2005 No.
1515).'

Yours sincerely

Kat Tucker
Complaints & FOI Manager
NHS Bristol & NHS North Somerset
0117 900 2494
From 1 June 2011, NHS Bristol, NHS North Somerset and NHS South
Gloucestershire have formed a primary care trust cluster. Each
organisation continues to be a legal body.

If you are providing any personal and/or confidential information to NHS
Bristol via email, please note that we are only responsible for the
information held within our network and cannot guarantee its security
until it reaches us. If you wish to provide this information in another
form please contact me to arrange.

Recipients should be aware that all e-mails received and sent by this
organisation are subject to the Freedom of Information Act (2000) and
therefore may be disclosed to a third party. You should also be aware
that the information contained in this message, or any of its
attachments, may be privileged and confidential and intended for the
exclusive use of the addressee. The views expressed in this e-mail may
not be the official policy of this organisation but the personal view of
the originator. If you are not the addressee, you must not read, copy,
disclose, forward or otherwise use the information contained within this
e-mail. If you receive this e-mail in error, please notify the sender
(whose contact details are above) immediately by reply e-mail and delete
the message and any attachments without retaining any copies. All
messages sent by this organisation are checked for viruses but this does
not, and cannot, guarantee that a virus has not been transmitted. Please
ensure that you take your own precautions for the detection and
eradication of viruses.

show quoted sections

Dear Tucker Kathryn,

Please can you clarify the answer to request for information 3

3. Copies of the Procurement terms and contract relating to R2H's
current and/or recent assignment for NHS Bristol in respect of
Modernising Mental Health.

Was R2H contracted for Modernising Mental Health under the arrangement with Morgan Law or directly through a local contract with NHS Bristol?

If the latter, please provide details of NHS Bristol's procurement terms under which R2H was contracted (including the PCT's tendering rules) and the copy of the local contract with R2H (as opposed to a blank template)

Yours sincerely,

Mrs D Havercroft

Tucker Kathryn,

Dear Mrs Havercroft

Thank you for your further email, I am sorry to hear that you are not
satisfied with NHS Bristol's response to your Freedom of Information
request. I have accepted your email as a request for an internal review
of our initial response.

I will ensure that a full review is carried out, and will ensure that a
further response is provided to you by 14th March 2013.

Yours sincerely

Kat Tucker
Complaints & FOI Manager
NHS Bristol & NHS North Somerset
0117 900 2494
From 1 June 2011, NHS Bristol, NHS North Somerset and NHS South
Gloucestershire have formed a primary care trust cluster. Each
organisation continues to be a legal body.

If you are providing any personal and/or confidential information to NHS
Bristol via email, please note that we are only responsible for the
information held within our network and cannot guarantee its security
until it reaches us. If you wish to provide this information in another
form please contact me to arrange.

Recipients should be aware that all e-mails received and sent by this
organisation are subject to the Freedom of Information Act (2000) and
therefore may be disclosed to a third party. You should also be aware
that the information contained in this message, or any of its
attachments, may be privileged and confidential and intended for the
exclusive use of the addressee. The views expressed in this e-mail may
not be the official policy of this organisation but the personal view of
the originator. If you are not the addressee, you must not read, copy,
disclose, forward or otherwise use the information contained within this
e-mail. If you receive this e-mail in error, please notify the sender
(whose contact details are above) immediately by reply e-mail and delete
the message and any attachments without retaining any copies. All
messages sent by this organisation are checked for viruses but this does
not, and cannot, guarantee that a virus has not been transmitted. Please
ensure that you take your own precautions for the detection and
eradication of viruses.

show quoted sections

Tucker Kathryn,

2 Attachments

Dear Mrs Havercroft

Please find attached the response to your internal review request.

Yours sincerely

Kat Tucker
Complaints & FOI Manager
NHS Bristol & NHS North Somerset
0117 900 2494
From 1 June 2011, NHS Bristol, NHS North Somerset and NHS South
Gloucestershire have formed a primary care trust cluster. Each
organisation continues to be a legal body.

If you are providing any personal and/or confidential information to NHS
Bristol via email, please note that we are only responsible for the
information held within our network and cannot guarantee its security
until it reaches us. If you wish to provide this information in another
form please contact me to arrange.

Recipients should be aware that all e-mails received and sent by this
organisation are subject to the Freedom of Information Act (2000) and
therefore may be disclosed to a third party. You should also be aware
that the information contained in this message, or any of its
attachments, may be privileged and confidential and intended for the
exclusive use of the addressee. The views expressed in this e-mail may
not be the official policy of this organisation but the personal view of
the originator. If you are not the addressee, you must not read, copy,
disclose, forward or otherwise use the information contained within this
e-mail. If you receive this e-mail in error, please notify the sender
(whose contact details are above) immediately by reply e-mail and delete
the message and any attachments without retaining any copies. All
messages sent by this organisation are checked for viruses but this does
not, and cannot, guarantee that a virus has not been transmitted. Please
ensure that you take your own precautions for the detection and
eradication of viruses.

show quoted sections