We don't know whether the most recent response to this request contains information or not – if you are D Perrin please sign in and let everyone know.

The Trust / taxpayers having to pay to defend "misconduct" cases.

D Perrin made this Freedom of Information request to East of England Ambulance Service NHS Trust

This request has been closed to new correspondence. Contact us if you think it should be reopened.

We're waiting for D Perrin to read recent responses and update the status.

Dear East of England Ambulance Service NHS

You have recently spent 9 months claiming exemptions in order to avoid providing information I requested below

Trust,https://www.whatdotheyknow.com/request/c...

I am therefor going to leave out the elements you claimed exemptions for so you can provide some of the information requested.

I will accept the costs incurred, lumped in as one sum. That way you will not be able to claim a further exemption as it will not identify individual elements of those costs.

In relation to the "misconduct", "bullying" and "collusion" that was highlighted at various hearings / tribunals in the previous request I made, I would like to know:

1. What was the total cost to the Trust / taxpayer of providing legal advice and representation at the tribunal hearings in September 2006 and May 2007 relating to the conduct of Mr Leaman and Mr Lane and any subsequent compensation paid to the plaintiff(s).

2. Does the Trust currently use any companies that employ Mr Leaman after he left last year?

Yours faithfully,

D Perrin

FOI, East of England Ambulance Service NHS Trust

Dear D Perrin

Thank you for your email dated 22nd July 2015 where you requested information regarding the East of England Ambulance Service.

Your request will be dealt with under the Freedom of Information Act 2000 and we will respond to you within twenty working days. Your request has been allocated the following reference: F19328 and I would be grateful if you could quote this reference in any future correspondence with the Trust.

If you have any questions please do not hesitate to contact me.

Yours sincerely

FoI Officer
East of England Ambulance Service NHS Trust

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FOI, East of England Ambulance Service NHS Trust

Dear D Perrin

Further to your email dated 22nd July 2015, please find the Trust's response below.

1. What was the total cost to the Trust / taxpayer of providing legal advice and representation at the tribunal hearings in September 2006 and May 2007 relating to the conduct of Mr Leaman and Mr Lane and any subsequent compensation paid to the plaintiff(s).
The Trust is unable to respond to this question as after investigations we have determined that it would take over 18 hours to locate and collate the information requested. Due to the age of the information any records that are still held with the Trust will be held in offsite storage and to locate these documents would mean locating the relevant boxes and then manually searching through each of these to locate the documents. Therefore the Trust is applying exemption s.12 of the Freedom of Information Act to this part of your request.

2. Does the Trust currently use any companies that employ Mr Leaman after he left last year?
We believe so, however this was not a factor in deciding to use any company that we work with.

I am obliged to advise you that if you are dissatisfied with the Trust’s response to your request you have a right to complain to the Trust and should set out your concerns to the Freedom of Information Officer, EEAST, Hospital Approach, Broomfield, Chelmsford, Essex, CM1 7WS or by email to [East of England Ambulance Service NHS Trust request email]. If you remain dissatisfied following this, you have a right under Section 50 of the FOIA to seek a determination from the Information Commissioner on whether the Act has been properly applied by the Trust. For more information, please see www.ico.gov.uk.

Please do not hesitate to contact me should you require any further information.

Kind regards

FoI Officer
East of England Ambulance Service NHS Trust

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Dear East of England Ambulance Service NHS Trust,

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

I am writing to request an internal review of East of England Ambulance Service NHS Trust's handling of my FOI request 'The Trust / taxpayers having to pay to defend "misconduct" cases.'.

Yet again you have sought to apply another exemption under the FOI Act.

My belief is that this has been done so you don't have to reveal how much the misconduct of Messrs Leaman and Lane actually cost the taxpayer and has nothing to do with how long it would allegedly take you to find out the three separate main cost elements and as you know, you have even been given the exact dates when the hearings took place.

The misconduct mentioned above was said to have taken place over a period of 5 years and in Mr Leaman's case, this apparently included "collusion" which according to yourselves is given as an example of fraud under the Fraud Act.

Despite that, Mr Marsh thought him a suitable person to make his Deputy / Assistant Chief.
It also seems now as if he is still involved with this Trust in some capacity as someone who works for an external company.

I do not agree with your claim about how difficult it would be to find this information or how long it would take.
Your argument is further weakened because you already told me in February 2013 "that the costs incurred to the end of the employment tribunal hearing on 15 September 2006 were £17,981.50."

Clearly that information was easy enough to find for someone and no exemptions were applied.

The remaining elements I require are the legal costs to the end of the Employment Tribunal in May 2007 as well as how much (if any) compensation was paid to the plaintiff.
As I said, I will accept a total figure so any compensation payments aren't separately identifiable as that would give you another excuse to apply a further exemption.

I am sure that any internal review will make sure it upholds your original decision so I would ask that you please hurry up and carry that out so I can then take this up with the Information Commissioner as an official complaint.

Clearly your previous review took 7 months to do and that delay was totally unacceptable, especially as my request was still refused.

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,

D Perrin

Dear East of England Ambulance Service NHS Trust

I note the usual time wasting appears to be going on.

Can you please tell me who is going to conduct this review, when it is likely to start and when it should be concluded?

Yours sincerely,

D Perrin

FOI, East of England Ambulance Service NHS Trust

Dear D Perrin

Thank you for your email.

The review into your request is currently being undertaken by the Patient Experience Lead.

Kind regards

FoI Officer
East of England Ambulance Service NHS Trust

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Dear East of England Ambulance Service NHS Trust

My request for a review 2 (two) months ago clearly stated I wanted to know when this was likley to be concluded yet you have completely ignored that.
Reviews should not take this long, so again I will ask you when you expect this to be concluded?

Also, I looked at our Staff Directory and could find no post / name for a "Patient Experience Lead".
Who is that please?

Yours sincerely,

D Perrin

FOI, East of England Ambulance Service NHS Trust

Dear D Perrin

Thank you for your email

Your request was reviewed in September by the Patient Experience Lead where further information around the search functions completed by Finance were requested as it was considered by the Patient Experience Lead that the information should be disclosed if we could locate it.

These additional searches have now been completed by Finance and unfortunately the information has not been located, however an internal review response will be formulated to explain the reasoning behind this and to explain the searches that have been completed. This response will be sent by Wednesday 11th November.

I can confirm that the Patient Experience Lead is a post in the Clinical Quality restructure, however I am unsure as to why the post was not named in the Trust's directory. The Trust is willing to release the post holder's name to you as a member of staff but not as part of a Freedom of Information request as the Trust only releases names of Directors and their first line reports under FoI.

Kind regards

FoI Officer
East of England Ambulance Service NHS Trust

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Dear East of England Ambulance Service NHS Trust

Unsurpisingly, the 11th November has long gone and nothing has been received.

After delaying your response for over a year now and despite the fact that part of the cost the Trust / taxpayer had to fork out over the conduct of Paul Leaman was previously located, apparently now the rest can't.
What a surprise. It's also good to know that this Trust, as well as Mr Marsh's Trust, are giving business to the company Mr Leaman is now Chairman of.

Please let me have the review conducted by someone who can't be named and the supposed reasons why this information can not now apparently be located. I will then take this up with the Information Commissioner.

You could always contact the person who was treated so appallingly by Messrs Leaman and Lane as I'm sure he could easily supply one part of the cost element to you, assuming compensation for their conduct was paid out of NHS funds. You will do that won't you?

Please also email me separately, the name of the person who conducted the review and who doesn't even appear on the Trust's directory.

Yours sincerely,

D Perrin

FOI, East of England Ambulance Service NHS Trust

Thank you for contacting the East of England Ambulance Service NHS Trust

Unfortunately this email address is no longer active, please send all Freedom of Information requests and queries to [East of England Ambulance Service NHS Trust request email]

This email transmission and all attached files contain information intended for the designated individual or entity to whom it is addressed and may contain information that is proprietary, privileged and/or exempt from disclosure under applicable law. If you are not the intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of this email or its attachments is strictly prohibited. If you have received this email in error, please notify the sender immediately by replying to this message and please delete the original message without making any copies.

foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Dear D Perrin

 

Further to your email, please find below the Internal Review undertaken by
the Patient Experience Lead.  My apologies for the delay in our responding
to you this was a result of our waiting for final confirmation from
Finance regarding the financial ledger before sending this Review to you. 
Finance confirmed their position yesterday.  I can only apologise for the
fact that you were not informed that there would be a delay.

 

Internal Review of F19328 undertaken by the Patient Experience Lead

I completed an internal review into your Freedom of Information request
relating to taxpayers paying to defend misconduct cases, specifically the
legal costs to the end of the Employment Tribunal in question in May 2007
as well as how much compensation was paid to the plaintiff. You were
willing to accept a total figure.

 

My review started on 27 August 2015 when I was asked to complete this and
initially I was awaiting for further information from Finance. On 23
September 2015 I completed my review with the outcome being that there was
no reason to withhold this information, particularly as you had agreed to
accept a total figure rather than individual amounts. The outcome was for
the Finance Department to complete further searches to establish if they
could locate this and provide the information.

 

Since then, the Finance Department have advised the following:

 

•             They have since checked their records and no information
relating to the ET you are referring to can be located. However, there is
one entry referring to compensation to the plaintiff. Please can you
confirm whether you consider Messrs Leaman and Lane to be the plaintiff in
this matter so we can investigate this entry further for you?

•             The Finance Department confirmed that there is a separate
losses and compensation register however (in order to comply with our
confidentiality duties), the information on this is limited and none of
the entries match the information you are requesting.

 

I am sorry for the delay in responding to your queries, I hope you
appreciate the time it has taken to investigate your request, which has
been difficult due to the length of time that has passed since the
incident in question.

 

Kind regards

 

FoI Officer

East of England Ambulance Service NHS Trust

 

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Dear East of England Ambulance Service NHS Trust

I do not accept the findings of this review for the following reasons:

1. It fails to ignore the fact you have been made aware of, in so far as part of the legal costs were already previously located and made available. If they could have been easily found before, there is no reason why the other element can't be similarly located. You simply have to find out who looked up the information, where it was found and then repeat the process.

2. The fact you even think Messrs Leaman and Lane might somehow be regarded as the "plaintiffs" shows a farcical understanding of what went on. The actions of those two senior members of staff cost the Trust / taxpayer tens of thousands of pounds. They and the Trust were listed as the respondents. If whoever conducted the review didn't even know that then I can't see how I am expected to have any faith in the response.
As I have said, I am sure the person who took the Trust to an ET would be able and probably willing to let you know the cost element of any compensation paid.

The Trust has essentially wasted over a year hiding behind exemptions under the FOI Act and when it is finally agreed that this information could and should be released, it allegedly can't be located.

I would like to offer you one more week from today to find this information and if it is not forthcoming, I will complain directly to the Information Commissioner and ask him to take this up with the Trust.

Yours sincerely,

D Perrin

foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Thank you for your email. This acknowledgement has been triggered
electronically and means that your email has been received by the
Information Governance Department.

 

Your request will be dealt with under the Freedom of Information Act 2000
and we will respond to you within twenty working days.

 

Thank you

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foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Dear D Perrin

Thank you for your email.

The Trust apologises for taking so long to process your request. Unfortunately those staff members who were involved in, or have knowledge of, these legal cases have since left the Trust's employment. We are looking again at how we can locate the information you have requested, which the Trust is willing to provide, and we are striving to locate this as soon as possible.

Kind regards

FoI Officer
East of England Ambulance Service NHS Trust

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Dear EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST,

Due to previous completely unacceptable delays from EEAST, I would appreciate it if you could indicate when you expect to be able to give me this information.

Further to that, the West Midlands Ambulance Service have recently confirmed to me that EEAST contacted them in 2008 to enquire about possible "secondment opportunities" for Mr Leaman.
Mr Marsh then put his name forward as someone who might be suitable to lead a charitable organisation i.e. the West Midlands Air Ambulance Charity, a position he was subsequently appointed to.

This would have been less than a year after Mr Leaman (and the EEAST) were taken to an employment tribunal.
The Tribunal felt that Mr Leaman had not told them the truth and also that he had colluded with a supplier, which is something the EEAST has since reminded all its staff is an example of "fraud".
Apparently other acts of "misconduct" were also identified and these spanned a 5 year period.

The EEAST would have been aware of Mr Leaman's appointment to this important charitable organisation as well as the findings of the employment tribunal (although the charity might not have been).

As such, I would also like to know the name of the person who contacted the West Midlands Ambulance Service / Mr Marsh, seeking an "opportunity" for Mr Leaman.

Yours sincerely,

D Perrin

foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Thank you for your email. This acknowledgement has been triggered
electronically and means that your email has been received by the
Information Governance Department.

 

Your request will be dealt with under the Freedom of Information Act 2000
and we will respond to you within twenty working days.

 

Thank you

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foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Dear D Perrin

Thank you for your email.

The Trust has looked again at your request and has concluded that we are
unable to provide you with the financial information you have asked for. 
As previously stated due to the historic nature of the matter, any
information held by the Trust will be in our offsite storage facility and
Trust has determined that the cost of recalling and searching through each
of the finance boxes for that time would take us over the 18 hour/£450
limit as laid down in the Freedom of Information Act.  Therefore we will
be applying exemption s.12 to this part of your request.  We have again
contacted the third party who provided the financial information relating
to the Employment Tribunal previously released to you and they have
confirmed that they no longer hold this information.

 

Regarding "the name of the person who contacted the West Midlands
Ambulance Service / Mr Marsh, seeking an "opportunity" for Mr Leaman." the
Trust has no documented record of this and as such is unable to provide
you with this information.

 

I am obliged to advise you that if you are dissatisfied with the Trust’s
response to your request you have a right to complain to the Trust and
should set out your concerns to the Freedom of Information Officer, EEAST,
Hospital Approach, Broomfield, Chelmsford, Essex, CM1 7WS or by email to
[1][email address]. If you remain dissatisfied following this, you have
a right under Section 50 of the FOIA to seek a determination from the
Information Commissioner on whether the Act has been properly applied by
the Trust. For more information, please see [2]www.ico.gov.uk.

 

Please do not hesitate to contact me should you require any further
information.

 

Kind regards

FoI Officer
East of England Ambulance Service NHS Trust

Please note our new email address: [3][East of England Ambulance Service NHS Trust request email]

________________________________________
From: D Perrin [[FOI #281782 email]]
Sent: 05 January 2016 16:41
To: foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST)
Subject: RE: F19328

     Dear EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST,

     Due to previous completely unacceptable delays from EEAST, I would
     appreciate it if you could indicate when you expect to be able to
     give me this information.

     Further to that, the West Midlands Ambulance Service have recently
     confirmed to me that EEAST contacted them in 2008 to enquire about
     possible "secondment opportunities" for Mr Leaman.
     Mr Marsh then put his name forward as someone who might be suitable
     to lead a charitable organisation i.e. the West Midlands Air
     Ambulance Charity, a position he was subsequently appointed to.

     This would have been less than a year after Mr Leaman (and the
     EEAST) were taken to an employment tribunal.
     The Tribunal felt that Mr Leaman had not told them the truth and
     also that he had colluded with a supplier, which is something the
     EEAST has since reminded all its staff is an example of "fraud".
     Apparently other acts of "misconduct" were also identified and
     these spanned a 5 year period.

     The EEAST would have been aware of Mr Leaman's appointment to this
     important charitable organisation as well as the findings of the
     employment tribunal (although the charity might not have been).

     As such, I would also like to know the name of the person who
     contacted the West Midlands Ambulance Service / Mr Marsh, seeking
     an "opportunity" for Mr Leaman.

     Yours sincerely,

     D Perrin

    

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William Clinton left an annotation ()

Quite simply what is the point of the FOI Act if the trust simply will not respond to FOI requests in an honest and decent fashion?

Dear foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

I first tried to secure this information in September 2014 and the Trust has done what it normally does i.e. failed to adhere to timescales as set out in the FOI Act, delayed responses and used exemptions to avoid having to answer questions about someone who is now the Chairman of a company you continue to do business with.

An unnamed (aren't they always) FOI Officer even stated on 9th December 2015, "We are looking again at how we can locate the information you have requested, which the Trust is willing to provide, and we are striving to locate this as soon as possible" yet you waited / wasted another 2.5 months before again claiming the same exemption you have previously hidden behind.

As such, I will now ask the Information Commissioner to take up this case.

In summary, you have already apparently had no trouble previously finding one third of the information requested.
The barrister the Trust / taxpayer had to pay to try and unsuccessfully defend the conduct of Mr Leaman was a Miss S Crowther.

Yours sincerely,

D Perrin

foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Thank you for your email. This acknowledgement has been triggered
electronically and means that your email has been received by the
Information Governance Department.

 

Your request will be dealt with under the Freedom of Information Act 2000
and we will respond to you within twenty working days.

 

Thank you

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Dear East of England Ambulance Service NHS Trust,

I have now been told that the Information Commissioner will be looking into this matter.

As pointed out, you had no apparent trouble previously finding finding some of this information, you have been given precise dates, you have the name of the counsel you had to pay for and you previously said you wanted to release this information to me - but then didn't after creating yet another significant delay.

I now note that Paul Leaman, who was accused of colluding with a supplier over a tendering process, is heading up a company that has won a contract to provide driver training to the Trust.

https://www.google.co.uk/url?sa=t&rc...

Paul Leaman was previously found to have taken a Trust vehicle on a so-called "booze cruise" and played a part in disciplinary action against someone who was said to have been a "whistleblower".

https://www.google.co.uk/url?sa=t&rc...

As such, I feel the public has a right to know how much this person's previous conduct cost them as taxpayers.

Yours faithfully,

D Perrin

foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Thank you for your email. This acknowledgement has been triggered
electronically and means that your email has been received by the
Information Governance Department.

 

Your request will be dealt with under the Freedom of Information Act 2000
and we will respond to you within twenty working days.

 

Thank you

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foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST),

Dear D Perrin

 

Thank you for your email

 

The Trust has received notification from the ICO regarding your complaint
and we are now awaiting the details.

 

Kind regards

FoI Officer
East of England Ambulance Service NHS Trust

Please note our new email address: [East of England Ambulance Service NHS Trust request email]
________________________________________
From: D Perrin [[FOI #281782 email]]
Sent: 17 May 2016 09:13
To: foi (EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST)
Subject: Re: Freedom of Information request - The Trust / taxpayers having
to pay to defend "misconduct" cases.

Dear East of England Ambulance Service NHS Trust,

I have now been told that the Information Commissioner will be looking
into this matter.

As pointed out, you had no apparent trouble previously finding finding
some of this information, you have been given precise dates, you have the
name of the counsel you had to pay for and you previously said you wanted
to release this information to me - but then didn't after creating yet
another significant delay.

I now note that Paul Leaman, who was accused of colluding with a supplier
over a tendering process, is heading up a company that has won a contract
to provide driver training to the Trust.

https://www.google.co.uk/url?sa=t&rc...

Paul Leaman was previously found to have taken a Trust vehicle on a
so-called "booze cruise" and played a part in disciplinary action against
someone who was said to have been a "whistleblower".

https://www.google.co.uk/url?sa=t&rc...

As such, I feel the public has a right to know how much this person's
previous conduct cost them as taxpayers.

Yours faithfully,

D Perrin

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We don't know whether the most recent response to this request contains information or not – if you are D Perrin please sign in and let everyone know.