Response to Report to Prevent Future Deaths - Anton Kusz

The request was refused by Welsh Ambulance Services NHS Trust.

Dear Welsh Ambulance Services NHS Trust,

Please release the Welsh Ambulance Trust's response to the coroner's report to prevent future deaths relating to the death of Anton Kusz on the 7th of January 2017.

The coroner's report referred to is published at:

https://www.judiciary.gov.uk/wp-content/...

Regards,

--

Richard Taylor
http://www.rtaylor.co.uk

Richard Taylor left an annotation ()

There is a related BBC article at:

http://www.bbc.co.uk/news/uk-wales-south...

FOI AMB (Welsh Ambulance Service - Corporate Services), Welsh Ambulance Services NHS Trust

Dear Richard Taylor,

I can confirm receipt of your request for information, which will now be processed by the Trust.

Your reference number for this request is: 14317

Regards

Jeff Prescott.

Jeff Prescot (Welsh Ambulance Service NHS Trust - 020), Welsh Ambulance Services NHS Trust

1 Attachment

Dear Richard Taylor,

 

Please find attached the response to your freedom of information request.

 

Regards.

 

Jeff Prescott

 

Jeff Prescott

Gweinyddwr Trefn rheoli Corfforaethol/Corporate Governance Administrator

Ymddiriedolaeth GIG Gwasanaethau Ambiwlans Cymru/Welsh Ambulance Service
NHS Trust

Pencadlys yr Ymddiriedolaeth/ Trust Headquarters

Safle H M Stanley/ H M Stanley Site

LLanelwy/ St.Asaph

LL17 0RS

Ffon/Tel: 01745 532948 (Internal - 43948)

WHTN - 17143948

Ebost/Email: [1][email address]

 

References

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1. mailto:[email address]

Dear Welsh Ambulance Services NHS Trust,

RE: FOI request, your Ref: 14317

I would like to request an internal review into the Welsh Ambulance Services NHS Trust's refusal to release its response to the coroner's report to prevent future deaths relating to the death of Anton Kusz on the 7th of January 2017.

The response does not explicitly specify the exemption(s) in the Freedom of Information Act being relied on to justify withholding the information requested. Any connection between the paragraphs in the refusal notice described as presenting the "rationale" for the decision and the exemptions in the Freedom of Information Act have not been made clear.

Where personal information is present in information requested under the Freedom of Information Act the usual practice of public bodies is to redact it prior to releasing the remainder of the material. I would like to suggest this approach is considered in this case.

The Welsh Ambulance Service have not stated whose "person identifiable information" is present in the report. I note the relevant definition of personal data when considering an exemption under Section 40 of the Freedom of Information Act 2000 is that in Section 1 of the Data Protection Act 1988 which contains a definition limiting the application of the term to "data which relate to a living individual".

The Welsh Ambulance Service indicates that the Chief Coroner's Office may publish the material in question. Given there is no assurance that there is any intent to publish the exemption under Section 22 of the Freedom of Information Act does not appear to apply. I would expect any reliance on this section to demonstrate a genuine intent to publish the response.

I would like to thank the Trust for refusing the request promptly, enabling timely progress to an internal review.

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

Regards,

--

Richard Taylor
http://www.rtaylor.co.uk

Jeff Prescot (Welsh Ambulance Service NHS Trust - 020), Welsh Ambulance Services NHS Trust

1 Attachment

Dear Richard Taylor,

 

Please find attached the response to your request for an internal review
of the Welsh Ambulance Services NHS Trust's decision not to release its
response to the coroner's report to prevent future deaths relating to the
death of Anton Kusz on the 7th of January 2017.

 

Regards.

 

Jeff Prescott

 

Jeff Prescott

Gweinyddwr Trefn rheoli Corfforaethol/Corporate Governance Administrator

Ymddiriedolaeth GIG Gwasanaethau Ambiwlans Cymru/Welsh Ambulance Service
NHS Trust

Pencadlys yr Ymddiriedolaeth/ Trust Headquarters

Safle H M Stanley/ H M Stanley Site

LLanelwy/ St.Asaph

LL17 0RS

Ffon/Tel: 01745 532948 (Internal - 43948)

WHTN - 17143948

Ebost/Email: [1][email address]

 

References

Visible links
1. mailto:[email address]

Dear Welsh Ambulance Services NHS Trust,

RE: FOI request, your Ref: 14317

I would like to request an internal review into the Welsh Ambulance Services NHS Trust's latest justification for its refusal to release its response to the coroner's report to prevent future deaths relating to the death of Anton Kusz on the 7th of January 2017.

The latest refusal dated 14th September 2017 cites Section 41 of the Freedom of Information Act (Information provided in confidence).

Section 41 applies only to information a public body has obtained from another body or person. This request is for material produced by the Welsh Ambulance Services NHS Trust and not for material the trust has obtained from elsewhere.

In relation to the Trust's statment: "the reports are confidential"; that appears irrelevant to a request for the Trust's response to a report, and in any case the reports are routinely published online by the Chief Coroner.

As for the reference to Section 22 (Information intended for future publication) there is no specific indication that the Chief Coroner intends to publish the material requested on the Chief Coroner's webpage for this case at:

https://www.judiciary.gov.uk/publication...

While I am aware the Chief Coroner states: "In most cases the Chief Coroner will publish the reports and responses on this website" at:

https://www.judiciary.gov.uk/related-off...

there is no sign of the Chief Coroner actually publishing responses to reports to prevent future deaths on a routine basis. There is also no suggestion the Chief Coroner's plans for publication are comprehensive and include the material requested.

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

Many thanks for allowing me to request a second internal review in this case in light of the fact the reasons for refusal being relied upon were only provided in the response to the initial internal review.

Regards,

--

Richard Taylor
http://www.rtaylor.co.uk

Jeff Prescott (Welsh Ambulance Service NHS Trust - 020), Welsh Ambulance Services NHS Trust

1 Attachment

Dear Richard Taylor,

 

Please find attached the outcome to your request for a second review
regarding the Welsh Ambulance Services NHS Trusts’ decision not to release
its response to the coroner’s report  to prevent future deaths relating to
the death of Anton Kusz on 7^th January 2017.

 

Regards.

 

Jeff Prescott

 

Jeff Prescott

Gweinyddwr Trefn rheoli Corfforaethol/Corporate Governance Administrator

Ymddiriedolaeth GIG Gwasanaethau Ambiwlans Cymru/Welsh Ambulance Service
NHS Trust

Pencadlys yr Ymddiriedolaeth/ Trust Headquarters

Safle H M Stanley/ H M Stanley Site

LLanelwy/ St.Asaph

LL17 0RS

Ffon/Tel: 01745 532948 (Internal - 43948)

WHTN - 17143948

Ebost/Email: [1][email address]

 

References

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1. mailto:[email address]

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