SOP OP003 - New Meal Break Trial

Peter Smith made this Freedom of Information request to South Western Ambulance Service NHS Foundation Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Dear South Western Ambulance Service NHS Foundation Trust,

Yesterday, a new document was released relating to a mealbreak trial in a limited number of areas. This was issued by Nick Wilson and approved by Jessica Hodgman.

To help you identify the document, the trial runs from 0700 July 9th 2018 to 0700 October 1st 2018 and is only in BNSSG, Gloucestershire, Wiltshire and Cornwall.

Can you please send me:

* Emails between Nick Wilson and Jessica Hodgman for the period January 1st 2018 to June 28th 2018. If you wish, I am happy to supply keywords for you to use to search to limit the work.

* Emails between Jessica Hodgman and Neil Le Chevalier for the period January 1st 2018 to June 28th 2018. If you wish, I am happy to supply keywords for you to use to search to limit the work.

Emails between Jessica Hodgman and Ken Wenman for the period January 1st 2018 to June 28th 2018. If you wish, I am happy to supply keywords for you to use to search to limit the work.

* Any risk assessments that were carried out in relation to this trial

* Any forecasts of shift overruns, staff sickness that you expect to arise from this trial

* Any forecasts of the amount of meals to be taken away from homebase during this trial

* The trust policy on carrying food within ambulance service vehicles

Yours faithfully,

Peter Smith

Dear South Western Ambulance Service NHS Foundation Trust,

Whilst I appreciate you do not need to send an acknowledgement, it is unsual not to receive one. Please remember the time for a final response begins the day the request is delivered, June 28th.

Yours faithfully,

Peter Smith

Information Governance, South Western Ambulance Service NHS Foundation Trust

2 Attachments

Dear Peter Smith

 

Thank you for your request for information regarding the new meal break
trial which we received on 28 June 2018.

 

We will deal with this request in accordance with your right of access to
information we hold under the Freedom of Information Act and I attach a
leaflet containing further information about both your rights and our
obligations under this legislation.You will see from this that we are not
obliged to generate information we do not already hold in order to provide
what we are asked for, such as by collating data or formulating direct
answers to questions, but you are entitled to receive copies of records
(or extracts from them) that contain the information you have requested.

 

We will research the information you have requested and we will respond
providing what we hold no later than 26 July 2018 in accordance with the
timescales set by the Act.

 

We will inform you if:

a) We are unable to provide you with any of the information you have
requested, and explain the reason for this; and

b) Any fee that is payable for the information we are able to provide.

 

In the meantime, if you have any queries or require clarification on any
aspect of your request or how we will respond, please do not hesitate to
contact me.

 

Regards

 

Debbie

 

Debbie Bridge | Information Governance Officer

South Western Ambulance Service NHS Foundation Trust

 

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Direct Line 01392 261556| Fax  | Web [3]www.swast.nhs.uk  | E-Mail
[4][email address]
Abbey Court, Eagle Way, Exeter EX2 7HY

 

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Information Governance, South Western Ambulance Service NHS Foundation Trust

1 Attachment

Dear Peter Smith

 

I write further to our acknowledgement of your request for information
regarding the meal break trial.

 

Having reviewed your request we need to ask you for the further
information below in order to respond to you:

 

+------------------------------------------------------------------------+
|Information requested |Our comments |
|------------------------------------+-----------------------------------|
|Can you please send me: |Please could you send key words as |
| |you suggest to assist in searching |
|  |for relevant email correspondence. |
| | |
|* Emails between Nick Wilson and | |
|Jessica Hodgman for the period | |
|January 1st 2018 to June 28th 2018. | |
|If you wish, I am happy to supply | |
|keywords for you to use to search to| |
|limit the work. | |
| | |
|  | |
| | |
|* Emails between Jessica Hodgman and| |
|Neil Le Chevalier for the period | |
|January 1st 2018 to June 28th 2018. | |
|If you wish, I am happy to supply | |
|keywords for you to use to search to| |
|limit the work. | |
| | |
|  | |
| | |
|Emails between Jessica Hodgman and | |
|Ken Wenman for the period January | |
|1st 2018 to June 28th 2018. If you | |
|wish, I am happy to supply keywords | |
|for you to use to search to limit | |
|the work. | |
| | |
|  | |
| | |
|  | |
+------------------------------------------------------------------------+

 

Your Freedom of Information Request will now be put on hold until this
further information is received. If we do not hear from you by Monday 6
August 2018 we will assume you no longer require the information you have
asked for and abort the request.

 

In the meantime, if you have any queries or would like to discuss any
aspect of your request, please do not hesitate to contact me.

 

Regards

 

Kate Minett | Acting Assistant Information Governance Manager

South Western Ambulance Service NHS Foundation Trust

[1]cid:[email address]

 

Direct Line 01392 453 872

Web [2]www.swast.nhs.uk

E-Mail [3][email address]

Abbey Court, Eagle Way, Exeter EX2 7HY

 

 

 

References

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3. mailto:[email address]

Dear Information Governance,

After deliberation, I am withdrawing my offer to supply keywords as this potentially results in missing information.

Please proceed with the date ranges and addresses. If anything, this simplifies searching.

Yours sincerely,

Peter Smith

Dear Information Governance,

To clairfy, as I took a week to reply to your clarification, I will give you an extra week or so to reply. We can both consider that this friday is the new 'complete by' date.

Yours sincerely,

Peter Smith

Information Governance, South Western Ambulance Service NHS Foundation Trust

3 Attachments

Dear Peter Smith

 

I refer to our acknowledgement on 3 July 2018 of your request for
information regarding the Trust’s meal break trial under the provisions of
the Freedom of Information Act.  We are able to provide the following
information:

 

Information Our Response
requested

 
Yesterday, a new We understand from recent email correspondence that you no longer wish to supply key words to facilitate an
document was electronic search of emails.
released
relating to a  
mealbreak trial
in a limited Without key words, we estimate that identifying emails relevant to the meal break trial between the staff members
number of areas. you have specified is likely to exceed the time/cost limit set out in s.12 of the Freedom of Information Act
This was issued 2000. We therefore consider that this information is exempt from disclosure.
by Nick Wilson
and approved by  
Jessica Hodgman.
 
 

To help you
identify the
document, the
trial runs from
0700 July 9th
2018 to 0700
October 1st 2018
and is only in
BNSSG,
Gloucestershire,
Wiltshire and
Cornwall.

 

Can you please
send me:

 

1. Emails
between Nick
Wilson and
Jessica Hodgman
for the period
January 1st 2018
to June 28th
2018. If you
wish, I am happy
to supply
keywords for you
to use to search
to limit the
work.

 
2. Emails Please see the response to Q1 above.
between Jessica
Hodgman and Neil  
Le Chevalier for
the period
January 1st 2018
to June 28th
2018. If you
wish, I am happy
to supply
keywords for you
to use to search
to limit the
work.

 
3. Emails Please see the response to Q1 above.
between Jessica
Hodgman and Ken  
Wenman for the
period January  
1st 2018 to June
28th 2018. If
you wish, I am
happy to supply
keywords for you
to use to search
to limit the
work.

 
4. Any risk A Health and Safety risk assessment has been completed in connection with the Trial and is attached.  A
assessments that representative from Unison took part in the risk assessment process, which was overseen by the Trust’s Health,
were carried out safety and Security Manager. On completion, the risk assessment was reviewed at the Trust’s Quality Risk
in relation to Assurance Group, which is made up of senior managers from across the Trust.
this trial
 
 
5. Any forecasts There are many factors which influence shift overruns and staff sickness. There is no forecast for the impact of
of shift the meal break trial, other than a correlation between vehicle utilisation and shift overruns. Since the impact
overruns, staff cannot be forecast, the intention is to trial the changes as opposed to implementing them in full.
sickness that
you expect to  
arise from this
trial

 
6. Any forecasts It is very difficult to forecast this, but there are specific metrics which are included in the trial to assess
of the amount of the impact. Since the impact cannot be forecast, the intention is to trial the changes as opposed to implementing
meals to be them in full.
taken away from
homebase during  
this trial
Approximately 50% of staff are currently allocated their rest break once fully protected. For many staff their
  base station will be the nearest and so the number of meal breaks away from base station is expected to be much
fewer than 50%.

 
7. The trust The Trust policy on carrying food within ambulance service vehicles is included in the Trust’s Infection
policy on Prevention and Control policy which is available on the Trust’s website:
carrying food [1]https://www.swast.nhs.uk/welcome/infecti...
within ambulance
service vehicles  

   

 

Please note that, under the Re-use of Public Sector Information
Regulations, if you wish to publish or otherwise use this information
besides for your own means, you will need to seek our permission to do so.

 

Please feel free to contact me if you require further clarification of the
information provided, or to discuss any aspect of the way in which we have
responded to your request. 

 

If you are dissatisfied with our response, you also have the right to make
use of the following complaints procedures:

 

In the first instance you may write to the Chief Executive of this Trust

 

Mr Ken Wenman

South Western Ambulance Service NHS Foundation Trust

Abbey Court

Eagle Way

Exeter  EX2 7HY

 

Mr Wenman will then make arrangements for your complaint to be reviewed
and for the outcome to be communicated to you.

 

If you are unhappy with the response to your complaint you can contact the
Information Commissioner at:

 

Information Commissioner’s Office,

Wycliffe House,

Water Lane,                                 

Wilmslow,

Cheshire.  SK9 5AF

 

Tel: 01625 545 700

Fax: 01625 524 510

 

Regards

 

Kate Minett | Acting Assistant Information Governance Manager

South Western Ambulance Service NHS Foundation Trust

[2]cid:[email address]

 

Direct Line 01392 453 872

Web [3]www.swast.nhs.uk

E-Mail [4][email address]

Abbey Court, Eagle Way, Exeter EX2 7HY

 

 

References

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3. http://www.swast.nhs.uk/
4. mailto:[email address]

Dear Information Governance,

To clarify, I didn't ask for "emails relating to the trial", I asked simply for emails. The only search criteria you need is the one supplied, the date range. There is no need to identify emails relating to the trial and as such, I believe your claim of exemption is incorrect.

Yours sincerely,

Peter Smith

Information Governance, South Western Ambulance Service NHS Foundation Trust

Dear Peter Smith

Thank you for your email and apologies for the delay in responding to you. We estimate that there will be a large volume of emails between the staff members that you specify for the six month period from 1 January 2018 to 28 June 2018. Given the volume of emails, we consider that extracting and reviewing all emails, regardless of topic, for this period would also exceed the time/cost limit set out in s.12 Freedom of Information Act 2018 and that this information is therefore exempt from disclosure.

We consider it more likely that we would be able to carry out a search based on key words within the s.12 cost/time limit. If you would like us to do this, please provide key words you would like us to use for the purposes of the search.

Kind regards

Kate Minett | Acting Assistant Information Governance Manager
South Western Ambulance Service NHS Foundation Trust

Direct Line 01392 453 872
Web www.swast.nhs.uk
E-Mail [email address]
Abbey Court, Eagle Way, Exeter EX2 7HY

show quoted sections

Dear Information Governance,

Analysing emails sent to me by SWAST suggests you use Microsotft Exchange as your internal mail platform:

Received: from WCH-EX01.SWAST.nhs.uk (10.147.8.10) by WCH-EX01.SWAST.nhs.uk (10.147.8.10)

Searching through Exchange is very easy and I am not sure how using keywords & date & to/from is less work than a simple date & to/from search. You are suggesting adding more parameters into the search and that this lowers time consumed, which doesn't make sense.

Please revisit your decision and if you maintain this is the case, please provide an explanation/breakdown of why you believe this is so.

Yours sincerely,

Peter Smith

Dear South Western Ambulance Service NHS Foundation Trust,

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

I am writing to request an internal review of South Western Ambulance Service NHS Foundation Trust's handling of my FOI request 'SOP OP003 - New Meal Break Trial'.

The reason given for denying the complaint without keywords is frivlous. Adding more search terms to a search within email does not make it easier, it makes it more complex.

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

Yours faithfully,

Peter Smith

Information Governance, South Western Ambulance Service NHS Foundation Trust

Dear Peter Smith

Thank you for your email and apologies for the delay in responding to you. We will arrange for an internal review of the decision to withhold this information and respond to you once the review has been completed.

Kind regards

Kate Minett | Acting Assistant Information Governance Manager
South Western Ambulance Service NHS Foundation Trust
Direct Line 01392 453 872

show quoted sections

Dear Information Governance,

It has been several months with no communication. Can you update the status of the internal review?

Yours sincerely,

Peter Smith

Information Governance, South Western Ambulance Service NHS Foundation Trust

1 Attachment

Dear Peter

 

Thank you very much for your email.

 

Please accept my apologies for the delay in responding to your request for
a review. I am looking into this for you and will get back to you as soon
as I can.

 

Kind regards,

Clare Lunk | Assistant Information Governance Manager
South Western Ambulance Service NHS Foundation Trust

 

Direct Line 01392 261 603 | Web [1]www.swast.nhs.uk | E-Mail
[email address]

Trust Headquarters, Abbey Court, Eagle Way, Exeter, EX2 7HY, TrustHQ

 

 

show quoted sections

Information Governance, South Western Ambulance Service NHS Foundation Trust

1 Attachment

Dear Peter

 

Internal review of your Freedom of Information Request (FOI 2671)

 

I am writing to update you regarding the outcome of the Trust’s internal
review of the decision to withhold the information you requested under the
Freedom of Information Act 2000 (FOIA) and would like to apologise for the
delay in completing the review. The review panel consisted of two
Executive Directors.

 

Outcome

 

In this case, the panel upheld the original decision to withhold the
provision of the emails you have requested under Section 12 of the FOI Act
due to the associated cost of compliance.

 

Exemption under s12 (Cost of compliance)

 

The panel considered that it was correct to apply the exemption under s.12
FOIA. Under s.12 a public authority can refuse to deal with the request
where it estimates that it would exceed the cost time limit to either:

a)      Comply with the request in its entirety or;

b)      Confirm or deny whether the requested information is held.

 

The estimate must be reasonable in the circumstances of the case. The
limit for the Trust is £450 or 18 hours of staff time.

 

The panel discussed your request and agreed that:

 

·         As your request was a ‘blanket’ email request for all email
correspondence between specified senior executives it is reasonable to
expect that it could potentially contain sensitive or confidential
information relating to topics such as security matters, Trust resilience,
individual members of staff, patient care issues (possibly relating to
individual patients) as well as policy issues. Many of these types of
information would be caught by other exemptions in the Act.

 

·         Due to the high numbers of emails exchanged in a six month
period between the individuals you have specified in your request, the
review process required for each email (to ensure they did not contain
information in breach of the other FOI exemptions) would in total exceed
18 hours of staff time.

 

·         The provision of keywords by yourself would have potentially
provided a smaller number of emails for the Trust to review. The
Information Governance (IG) team emailed you on the 23^rd July 2018 to
request relevant keywords however on the 31^st July 2018 you replied and
advised that you did not wish to do this. Consequently, without this
cooperation the Trust is unable to process your request within the
appropriate time limit set out by s12 of the FOI Act.

 

Next steps

 

We appreciate that this may not be the response that you had hoped for but
hope that it provides an explanation of the panel’s reason for upholding
the decision to withhold this information. However, if you remain unhappy
with the Trust’s response to your information request, you have the option
of contacting the Information Commissioner at:

 

Information Commissioner’s Office,

Wycliffe House,

Water Lane,                                 

Wilmslow,

Cheshire.  SK9 5AF

 

Tel: 01625 545 700

Fax: 01625 524 510

 

Kind regards

 

Kind regards,

Clare Lunk | Assistant Information Governance Manager
South Western Ambulance Service NHS Foundation Trust

 

Direct Line 01392 261 603 | Web [1]www.swast.nhs.uk | E-Mail
[email address]

Trust Headquarters, Abbey Court, Eagle Way, Exeter, EX2 7HY, TrustHQ

References

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Dear Clare,

Thankyou for your reply. The more verbose reply from yourself makes sense when it talked about patients, individual staff members etc. The original refusal still does not make sense.

I would suggest you educate your staff to be as verbose as possible in their refusal and to reply in a timely manner - it would save a lot of to'ing and fro'ing.

Thanks,

Yours sincerely,

Peter Smith