The Health and Social Care Act 2008 and the Risk Society/Risk Assessment agenda DHSC

Kaleb made this Freedom of Information request to Department of Health and Social Care Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Response to this request is long overdue. By law, under all circumstances, Department of Health and Social Care should have responded by now (details). You can complain by requesting an internal review.

Dear Department of Health and Social Care,

As you can read below I have been advised to put this inquiry to the DHSC.

In view of the July 2015 The Health and Social Care Act 2008 and the Risk Society/Risk Assessment agenda, can you please confirm that the Department of Health and Social Care and NHS have prospective research for their respective populations and published results to support the clinical practice of the application of the Hare PCL:SV within clinical NHS in the UK, and please clarify the research, and the dates relative to the supporting evidence?

FOICRM (NHS ENGLAND - X24), NHS England 16 September 2022

Dear Mr Clark,

Thank you for your communications dated 10 August 2022.

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, your request is being dealt with
under the terms of the FOI Act and has been allocated the following
reference number: FOI-2208-1818823.

Your exact request was:

“In view of the July 2015 the Health and Social Care Act 2008 and the Risk
Society/Risk Assessment agenda, can you please confirm that the Department
of Health and Social Care and NHS have prospective research for their
respective populations and published results to support the clinical
practice of the application of the Hare PCL:SV within clinical NHS in the
UK, and please clarify the research, and the dates relative to the
supporting evidence?”

NHS England holds some information in relation to your request.

It may help if we first explain that NHS England is not the same as ‘the
NHS in England’. The NHS in England is not a single organisation but is
made up of a range of organisations such as Hospitals, Integrated Care
Boards (ICBs) formerly Clinical Commissioning Groups (CCGs) and Ambulance
Trusts. NHS England is responsible for commissioning primary care services
such as GP and dental surgeries, as well as some specialised secondary
care services. Therefore, any recorded information NHS England may be able
to provide in response to an FOI request will generally relate to the
services NHS England commissions.

For information on commissioned services and the types of information NHS
England holds can be found on our [1]website and [2]publication scheme.
For further information on the NHS, its structure and other NHS
organisations please refer to the NHS [3]website.

NHS England’s Adult Mental Health and Specialised Commissioning Mental
Health teams have not commissioned research to provide evidence for this
tool, nor published anything to mandate its use. NHS England holds no
further information in relation to your request.

This information may be held by the Department of Health and Social Care
(DHSC) including what NHS organisations may have been involved. As such,
you may wish to redirect your enquiry to the DHSC directly. We have
included their contact information below for your reference:

Post: Ministerial Correspondence and Public Enquiries Unit
Department of Health and Social Care

Online: [4]https://contactus.dhsc.gov.uk/

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review. This should be requested in
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NHS England

Email: [5][NHS England request email]

Please quote the reference number FOI-2208-1818823 in any future
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Yours sincerely,

Freedom of Information
Communications Team
Strategy Directorate

NHS England

Tel: 0300 311 22 33
Email: [NHS England request email]

Yours faithfully,

Mr Clark

FreedomofInformation, Department of Health and Social Care

1 Attachment

Dear Mr Clark,

This question appears to be a duplicate of FOI-1414983 which we answered on 2 September. We have attached our answer for ease of reference. As such we will not be logging your email below as a new request.

Yours sincerely,

Freedom of Information Team
Department of Health and Social Care

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Dear FreedomofInformation,

Does the Department of Health and Social Care hold 'Best Practice in Managing Risk?'

Does page 45 of Best Practice in Managing Risk refer to the Hare PCL:SV and data pertaining to its validation?

I ask that you re-look at your reply as it appears that you are not being exactly factual with what the DOHSC holds, let alone what it has clearly published.

I look forwards to your reply as an internal review will be required next as this is clearly not correct.

Yours sincerely,

Mr Clark

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'The Health and Social Care Act 2008 and the Risk Society/Risk Assessment agenda DHSC'.

In consideration of the contradictory claims with what has been published by the Department of Health it appears relevant to request an internal review as it seems that whilst data has indeed been published by the Department of Health relative to the Hare PCL:SV, the Department of Health appears to act controversial by claiming that no data is held when the Department of Health has both a legal duty to the application of the instrument, the Hare PCL:SV, and a legal duty to ensure the safety and security of those who the Department of Health regulate, and this includes the fact that the Department of Health has published data relative to the Hare PCL:SV in the document Best Practice in Managing Risk page 45 that refers to the Hare PCL:SV and data pertaining to its validation?

It appears that both the Department of Health and NHS England are each claiming that the other part may hold this data, and yet it appears increasingly evident that both the Department of Health and NHS England are acting in a controversial manner, and considering that the Hare PCL:SV has been applied in clinical NHS, it would appear that there is a very serious instance of negligence that both the Department of Health and NHS England are covering up, as how could a private foreign instrument (Hare PCL:SV) be being applied within the UK clinical NHS when neither the Department of Health and NHS England has validated this tool for application in clinical NHS, and that would be a very serious wrong should this be the actual case.

I ask that the Department of Health addresses this matter as a matter of urgency as any potential legal wrong resulting of the use of the Hare PCL:SV in clinical NHS when there is nothing to substantiate its legal validity is alas a very detrimental reality and culpable negligence, and the Secretary of State for Health cannot allow such wrongs to take place knowingly as that is also another wrong.

I am essentially reporting negligence along with this request for an internal review as it seems that the Department of Health is acting in a very controversial manner, and as lives have been negatively effected by the Hare PCL:SV use in clinical NHS then the matter needs to be addressed accordingly as what is taking place is controversial and unlawful.

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

Yours faithfully,

Mr Clark

Department of Health and Social Care

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Department of Health and Social Care

1 Attachment

Dear Mr Clark,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1419044).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

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Department of Health and Social Care

1 Attachment

Dear Mr Clark,

Your requested internal review of FOI-1418624 is now complete. Please see
the attached letter for the outcome.

Yours sincerely,

FOI Internal Reviews
Department of Health and Social Care

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