Trust Board Papers

John Standfield made this Freedom of Information request to Cumbria, Northumberland, Tyne and Wear 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.

The request was successful.

John Standfield

Dear Northumberland, Tyne and Wear NHS Foundation Trust,

Could you please release the full set of agenda, minutes and supporting papers for all Trust Board meetings (i.e. open to the public and otherwise) held from 1st January 2010 to date.

If it would be easier for you to publish these papers on your public website, alongside the current summary information that is available for the public-only meetings, then of course I'd be happy to access the information there.

Yours faithfully,

John Standfield

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

Dear Mr Standfield,

We acknowledge receipt of your request under the Freedom of Information
Act 2000.

We will now proceed to process your request and will have a formal
response to you within the 20 day deadline.

Please note that the information provided is the property of
Northumberland, Tyne & Wear NHS Foundation Trust and subject to
Intellectual Property and Database Rights. Any commercial application or
use of this information may be subject to the provisions of the Re-use
of Public Sector Information Regulations Act 2005. This means that if
you wish to re-use the information provided for commercial purposes for
any reason you must ask us for permission to do so. Should we agree that
you can use the information it will be subject to the issue of a licence
which may or may not involve a fee.

If you have any questions about this process please do not hesitate to
contact us.

Kind regards

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: www.ntw.nhs.uk

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed.

Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

-------------------------------------------
From: John Standfield[SMTP:[email address]]
Sent: 08 June 2012 20:21:04
To: FOI
Subject: Freedom of Information request - Trust Board Papers
Auto forwarded by a Rule

Dear Northumberland, Tyne and Wear NHS Foundation Trust,

Could you please release the full set of agenda, minutes and
supporting papers for all Trust Board meetings (i.e. open to the
public and otherwise) held from 1st January 2010 to date.

If it would be easier for you to publish these papers on your
public website, alongside the current summary information that is
available for the public-only meetings, then of course I'd be happy
to access the information there.

Yours faithfully,

John Standfield

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #118710 email]

Is [Northumberland, Tyne and Wear NHS Foundation Trust request email] the wrong address for Freedom of Information
requests to Northumberland, Tyne and Wear NHS Foundation Trust? If
so, please contact us using this form:
http://www.whatdotheyknow.com/help/contact

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.

show quoted sections

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

30 Attachments

Dear Mr Standfield

 

Please find attached Northumberland, Tyne and Wear NHS Foundation Trust's
response to your below Freedom of Information request.  As our email
server only allows us to send out messages of 10MB and under – and due to
the amount of attachments – we shall send our response over 4 emails.

 

Kind regards

 

 

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: [1]www.ntw.nhs.uk

 

 

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed. 

 

Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

 

-------------------------------------------

From: John Standfield[SMTP:]

Sent: 08 June 2012 20:21:04

To: FOI

Subject: Freedom of Information request - Trust Board Papers

Auto forwarded by a Rule

 

     Dear Northumberland, Tyne and Wear NHS Foundation Trust,

    

     Could you please release the full set of agenda, minutes and

     supporting papers for all Trust Board meetings (i.e. open to the

     public and otherwise) held from 1st January 2010 to date.

    

     If it would be easier for you to publish these papers on your

     public website, alongside the current summary information that is

     available for the public-only meetings, then of course I'd be happy

     to access the information there.

    

     Yours faithfully,

    

     John Standfield

    

     -------------------------------------------------------------------

    

     Please use this email address for all replies to this request:

     [FOI #118710 email]

    

     Is [Northumberland, Tyne and Wear NHS Foundation Trust request email] the wrong address for Freedom of Information

     requests to Northumberland, Tyne and Wear NHS Foundation Trust? If

     so, please contact us using this form:

     http://www.whatdotheyknow.com/help/contact

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

    

     -------------------------------------------------------------------

 

show quoted sections

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed.
Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

References

Visible links
1. http://www.ntw.nhs.uk/

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

16 Attachments

 

Dear Mr Standfield

 

Please find attached Northumberland, Tyne and Wear NHS Foundation Trust's
response to your below Freedom of Information request.  As our email
server only allows us to send out messages of 10MB and under – and due to
the amount of attachments – we shall send our response over 4 emails.

 

Kind regards

 

 

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: [1]www.ntw.nhs.uk

 

 

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed. 

 

Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

 

-------------------------------------------

From: John Standfield[SMTP:]

Sent: 08 June 2012 20:21:04

To: FOI

Subject: Freedom of Information request - Trust Board Papers

Auto forwarded by a Rule

 

     Dear Northumberland, Tyne and Wear NHS Foundation Trust,

    

     Could you please release the full set of agenda, minutes and

     supporting papers for all Trust Board meetings (i.e. open to the

     public and otherwise) held from 1st January 2010 to date.

    

     If it would be easier for you to publish these papers on your

     public website, alongside the current summary information that is

     available for the public-only meetings, then of course I'd be happy

     to access the information there.

    

     Yours faithfully,

    

     John Standfield

    

     -------------------------------------------------------------------

    

     Please use this email address for all replies to this request:

     [FOI #118710 email]

    

     Is [Northumberland, Tyne and Wear NHS Foundation Trust request email] the wrong address for Freedom of Information

     requests to Northumberland, Tyne and Wear NHS Foundation Trust? If

     so, please contact us using this form:

     http://www.whatdotheyknow.com/help/contact

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

    

     -------------------------------------------------------------------

 

show quoted sections

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed.
Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

References

Visible links
1. http://www.ntw.nhs.uk/

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

16 Attachments

 

 

Dear Mr Standfield

 

Please find attached Northumberland, Tyne and Wear NHS Foundation Trust's
response to your below Freedom of Information request.  As our email
server only allows us to send out messages of 10MB and under – and due to
the amount of attachments – we shall send our response over 4 emails.

 

Kind regards

 

 

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: [1]www.ntw.nhs.uk

 

 

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed. 

 

Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

 

-------------------------------------------

From: John Standfield[SMTP:]

Sent: 08 June 2012 20:21:04

To: FOI

Subject: Freedom of Information request - Trust Board Papers

Auto forwarded by a Rule

 

     Dear Northumberland, Tyne and Wear NHS Foundation Trust,

    

     Could you please release the full set of agenda, minutes and

     supporting papers for all Trust Board meetings (i.e. open to the

     public and otherwise) held from 1st January 2010 to date.

    

     If it would be easier for you to publish these papers on your

     public website, alongside the current summary information that is

     available for the public-only meetings, then of course I'd be happy

     to access the information there.

    

     Yours faithfully,

    

     John Standfield

    

     -------------------------------------------------------------------

    

     Please use this email address for all replies to this request:

     [FOI #118710 email]

    

     Is [Northumberland, Tyne and Wear NHS Foundation Trust request email] the wrong address for Freedom of Information

     requests to Northumberland, Tyne and Wear NHS Foundation Trust? If

     so, please contact us using this form:

     http://www.whatdotheyknow.com/help/contact

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

    

     -------------------------------------------------------------------

 

show quoted sections

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed.
Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

References

Visible links
1. http://www.ntw.nhs.uk/

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

19 Attachments

 

Dear Mr Standfield

 

Please find attached Northumberland, Tyne and Wear NHS Foundation Trust's
response to your below Freedom of Information request.  As our email
server only allows us to send out messages of 10MB and under – and due to
the amount of attachments – we shall send our response over 4 emails.

 

Kind regards

 

 

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: [1]www.ntw.nhs.uk

 

 

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed. 

 

Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

 

-------------------------------------------

From: John Standfield[SMTP:]

Sent: 08 June 2012 20:21:04

To: FOI

Subject: Freedom of Information request - Trust Board Papers

Auto forwarded by a Rule

 

     Dear Northumberland, Tyne and Wear NHS Foundation Trust,

    

     Could you please release the full set of agenda, minutes and

     supporting papers for all Trust Board meetings (i.e. open to the

     public and otherwise) held from 1st January 2010 to date.

    

     If it would be easier for you to publish these papers on your

     public website, alongside the current summary information that is

     available for the public-only meetings, then of course I'd be happy

     to access the information there.

    

     Yours faithfully,

    

     John Standfield

    

     -------------------------------------------------------------------

    

     Please use this email address for all replies to this request:

     [FOI #118710 email]

    

     Is [Northumberland, Tyne and Wear NHS Foundation Trust request email] the wrong address for Freedom of Information

     requests to Northumberland, Tyne and Wear NHS Foundation Trust? If

     so, please contact us using this form:

     http://www.whatdotheyknow.com/help/contact

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

    

     -------------------------------------------------------------------

 

show quoted sections

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed.
Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

References

Visible links
1. http://www.ntw.nhs.uk/

John Standfield

Dear Northumberland, Tyne and Wear NHS Foundation Trust,

Thank you for your response to my FOI request dated 8th June 2012.

Unfortunately I am very disappointed with what I consider to be a misapplication of the Freedom of Information Act in refusing to provide any papers of Trust Board meetings held in private. Therefore please carry out an internal review of this decision.

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

I would like you to consider my points as follows as part of your review:

1. It is inappropriate to apply any exemptions that you are claiming in a blanket way to all information from Trust Board meetings held in private. Just because a board meeting was held in private does not, per se, mean that all the papers for that meeting were commercially prejudicial or contain personal information. If the disclosure of some Trust Board papers from private board sessions were felt to be subject to an exemption, this does not entitle you to refuse to release all such papers, for example – does the agenda really contain commercially prejudicial or personal information? In order to meet your FOI duties, I expect you to release as much information requested as possible from the private board meetings, withholding only those specific documents you feel you can claim an exemption from on the ground of commercial prejudice and personal information. In the first instance, please review my request in light of this.

2. Secondly, for any remaining documents which you are refusing to disclose, I do not believe you have properly applied the exemptions that you claim. You have failed to demonstrate that you have applied the commercial exemption prejudice set out in section 43(2) of the Act in two ways:

a. The ICO is clear you need to apply the ‘prejudice test’ in any use of this exemption (guidance here if you need it: http://www.ico.gov.uk/for_organisations/...). Following the the Information Tribunal ruling in Christopher Martin Hogan and Oxford City Council v the Information Commissioner (EA/2005/0026 and 0030, 17 October 2006, the ICO say you should do this by identifying the nature of prejudice, and the likelihood of prejudice. As detailed in the ICO guidance, I expect you to state how you have applied the prejudice test fully in any refusal notice to me. Please review my request and any refusal notice you issue to me in light of this.

b. Furthermore, even if you do apply the prejudice test satisfactorily, you will be aware that the s43(2) exemption is a qualified and not an absolute exemption, that requires you to balance the public interest in disclosing information against the public interest in not doing so. I am mindful of the ICO guidance on using commercial exemptions here http://www.ico.gov.uk/for_organisations/... and look forward to you reviewing any outstanding elements of my request you are claiming s43(s) exemptions for in line with this. As the ICO says, ‘the bias is in favour of disclosure’. I contend the public interest is served by disclosure as this would facilitate public understanding and accountability. If, having weighed public interest against any qualified exemption, you still feel able to refuse any document, please communicate to me how you have applied the public interest test in any refusal notice to me.

3. You cited that the additional exemption 40(2) applied. I am conversant with the ICO guidance on the use of this exemption as detailed here (http://www.ico.gov.uk/for_organisations/...). I am unclear whose personal information you feel is at risk of being compromised by my information request. Certainly I expect there is no patient identifiable information contained in Board Papers, but if then please redact this if possible of refuse release of that document solely. If you are concerned about the disclosure of personal information relating to sensitive staff issues for example relating to disciplinary matters, I am very happy for you to redact the names of individuals as appropriate (the ICO has further guidance on the use of redaction on their website if required).

Given my concerns about your application of the Freedom of Information Act, I would be grateful if you could review your response to my FOI request, making sure you are applying the relevant statute and ICO guidance fully. In the event of you still refusing some or all of my request, please provide me with a refusal notice detailing the exemptions claimed in full, in line with ICO guidance.

Could you please let me know in what timescale I can expect a reviewed response?

Yours faithfully,

John Standfield

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

Dear Mr Standfield

 

Thank you for your below email.  This matter is currently being dealt with
by the appropriate director.  We hope to have a response to you as soon as
possible.

 

Kind regards

 

 

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: [1]www.ntw.nhs.uk

 

 

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed. 

 

Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

 

 

-------------------------------------------

From: John Standfield[SMTP:]

Sent: 12 July 2012 23:40:09

To: FOI

Subject: Internal review of Freedom of Information request - Trust Board
Papers Auto forwarded by a Rule

 

     Dear Northumberland, Tyne and Wear NHS Foundation Trust,

    

     Thank you for your response to my FOI request dated 8th June 2012.

    

     Unfortunately I am very disappointed with what I consider to be a

     misapplication of the Freedom of Information Act in refusing to

     provide any papers of Trust Board meetings held in private.

     Therefore please carry out an internal review of this decision.

    

     A full history of my FOI request and all correspondence is

     available on the Internet at this address:

     http://www.whatdotheyknow.com/request/tr...

    

     I would like you to consider my points as follows as part of your

     review:

    

     1. It is inappropriate to apply any exemptions that you are

     claiming in a blanket way to all information from Trust Board

     meetings held in private. Just because a board meeting was held in

     private does not, per se, mean that all the papers for that meeting

     were commercially prejudicial or contain personal information. If

     the disclosure of some Trust Board papers from private board

     sessions were felt to be subject to an exemption, this does not

     entitle you to refuse to release all such papers, for example –

     does the agenda really contain commercially prejudicial or personal

     information? In order to meet your FOI duties, I expect you to

     release as much information requested as possible from the private

     board meetings, withholding only those specific documents you feel

     you can claim an exemption from on the ground of commercial

     prejudice and personal information. In the first instance, please

     review my request in light of this.

    

     2. Secondly, for any remaining documents which you are refusing to

     disclose, I do not believe you have properly applied the exemptions

     that you claim. You have failed to demonstrate that you have

     applied the commercial exemption prejudice set out in section 43(2)

     of the Act in two ways:

    

     a. The ICO is clear you need to apply the ‘prejudice test’ in any

     use of this exemption (guidance here if you need it:

    
http://www.ico.gov.uk/for_organisations/...).

     Following the the Information Tribunal ruling in Christopher Martin

     Hogan and Oxford City Council v the Information Commissioner

     (EA/2005/0026 and 0030, 17 October 2006, the ICO say you should do

     this by identifying the nature of prejudice, and the likelihood of

     prejudice. As detailed in the ICO guidance, I expect you to state

     how you have applied the prejudice test fully in any refusal notice

     to me. Please review my request and any refusal notice you issue to

     me in light of this.

    

     b. Furthermore, even if you do apply the prejudice test

     satisfactorily, you will be aware that the s43(2) exemption is a

     qualified and not an absolute exemption, that requires you to

     balance the public interest in disclosing information against the

     public interest in not doing so. I am mindful of the ICO guidance

     on using commercial exemptions here

    
http://www.ico.gov.uk/for_organisations/...

     and look forward to you reviewing any outstanding elements of my

     request you are claiming s43(s) exemptions for in line with this.

     As the ICO says, ‘the bias is in favour of disclosure’. I contend

     the public interest is served by disclosure as this would

     facilitate public understanding and accountability. If, having

     weighed public interest against any qualified exemption, you still

     feel able to refuse any document, please communicate to me how you

     have applied the public interest test in any refusal notice to me.

    

     3. You cited that the additional exemption 40(2) applied. I am

     conversant with the ICO guidance on the use of this exemption as

     detailed here

    
(http://www.ico.gov.uk/for_organisations/...).

     I am unclear whose personal information you feel is at risk of

     being compromised by my information request. Certainly I expect

     there is no patient identifiable information contained in Board

     Papers, but if then please redact this if possible of refuse

     release of that document solely. If you are concerned about the

     disclosure of personal information relating to sensitive staff

     issues for example relating to disciplinary matters, I am very

     happy for you to redact the names of individuals as appropriate

     (the ICO has further guidance on the use of redaction on their

     website if required).

    

     Given my concerns about your application of the Freedom of

     Information Act, I would be grateful if you could review your

     response to my FOI request, making sure you are applying the

     relevant statute and ICO guidance fully. In the event of you still

     refusing some or all of my request, please provide me with a

     refusal notice detailing the exemptions claimed in full, in line

     with ICO guidance.

    

     Could you please let me know in what timescale I can expect a

     reviewed response?

    

     Yours faithfully,

    

     John Standfield

    

    

    

     -------------------------------------------------------------------

     Please use this email address for all replies to this request:

     [FOI #118710 email]

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

     -------------------------------------------------------------------

 

show quoted sections

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed.
Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

References

Visible links
1. http://www.ntw.nhs.uk/

Dear Information Governance Team,

Could you please update me about the progress of the internal review of your handling of my FOI request regarding the release of Trust Board papers please?

You will be aware of the guidance from the Information Commissioners Office on the conduct of internal reviews (here: http://www.ico.gov.uk/upload/documents/l...) which states 'the Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the
request for review.'

Given that more than 20 working days have now elapsed since I requested an internal review, I look forward to your rapid response.

Yours sincerely,

John Standfield

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

Dear Mr Standfield

 

Please accept my apologies for the delay in the processing of your request
for a review.

 

The Trust is committed to undertaking a thorough review of your request. 
Due to the amount of information that is covered by the time period
specified in your original Freedom of Information Act (FOIA) request, this
review will take longer than 20 working days.

 

Whilst the Information Commissioner states a reasonable time period for a
review is 20 working days, it also acknowledges that there may be cases
where it is reasonable to take longer. 

 

Whilst I appreciate that you wish your request for a review to be
completed as quickly as possible, the Trust wishes to give full
consideration to the points you have raised in your request and feels that
it will take longer than 20 days to do this.

 

Please accept our apologies for not notifying you of this in advance.

 

 

Kind regards

 

 

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: [1]www.ntw.nhs.uk

 

 

The information contained in this e-mail may be subject to public
disclosure
under the NHS Code of Openness or the Freedom of Information Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail
and your reply cannot be guaranteed. 

 

Unless expressly stated otherwise, the information contained in this
e-mail
is intended for the named recipient(s) only. If you are not the intended
recipient you must not copy, distribute, or take any action or reliance
upon
it. If you have received this e-mail in error, please notify the sender.
Any
unauthorised disclosure of the information contained in this e-mail is
strictly prohibited.

 

 

show quoted sections

    

     From: John Standfield[SMTP:]

    

     Sent: 12 July 2012 23:40:09

    

     To: FOI

    

     Subject: Internal review of Freedom of Information request - Trust

     Board

     Papers Auto forwarded by a Rule

    

      

    

          Dear Northumberland, Tyne and Wear NHS Foundation Trust,

    

         

    

          Thank you for your response to my FOI request dated 8th June

     2012.

    

         

    

          Unfortunately I am very disappointed with what I consider to

     be a

    

          misapplication of the Freedom of Information Act in refusing

     to

    

          provide any papers of Trust Board meetings held in private.

    

          Therefore please carry out an internal review of this

     decision.

    

         

    

          A full history of my FOI request and all correspondence is

    

          available on the Internet at this address:

    

          http://www.whatdotheyknow.com/request/tr...

    

         

    

          I would like you to consider my points as follows as part of

     your

    

          review:

    

         

    

          1. It is inappropriate to apply any exemptions that you are

    

          claiming in a blanket way to all information from Trust Board

    

          meetings held in private. Just because a board meeting was

     held in

    

          private does not, per se, mean that all the papers for that

     meeting

    

          were commercially prejudicial or contain personal

     information. If

    

          the disclosure of some Trust Board papers from private board

    

          sessions were felt to be subject to an exemption, this does

     not

    

          entitle you to refuse to release all such papers, for example

     –

    

          does the agenda really contain commercially prejudicial or

     personal

    

          information? In order to meet your FOI duties, I expect you

     to

    

          release as much information requested as possible from the

     private

    

          board meetings, withholding only those specific documents you

     feel

    

          you can claim an exemption from on the ground of commercial

    

          prejudice and personal information. In the first instance,

     please

    

          review my request in light of this.

    

         

    

          2. Secondly, for any remaining documents which you are

     refusing to

    

          disclose, I do not believe you have properly applied the

     exemptions

    

          that you claim. You have failed to demonstrate that you have

    

          applied the commercial exemption prejudice set out in section

     43(2)

    

          of the Act in two ways:

    

         

    

          a. The ICO is clear you need to apply the ‘prejudice test’ in

     any

    

          use of this exemption (guidance here if you need it:

    

         

    
http://www.ico.gov.uk/for_organisations/...).

    

          Following the the Information Tribunal ruling in Christopher

     Martin

    

          Hogan and Oxford City Council v the Information Commissioner

    

          (EA/2005/0026 and 0030, 17 October 2006, the ICO say you

     should do

    

          this by identifying the nature of prejudice, and the

     likelihood of

    

          prejudice. As detailed in the ICO guidance, I expect you to

     state

    

          how you have applied the prejudice test fully in any refusal

     notice

    

          to me. Please review my request and any refusal notice you

     issue to

    

          me in light of this.

    

         

    

          b. Furthermore, even if you do apply the prejudice test

    

          satisfactorily, you will be aware that the s43(2) exemption

     is a

    

          qualified and not an absolute exemption, that requires you to

    

          balance the public interest in disclosing information against

     the

    

          public interest in not doing so. I am mindful of the ICO

     guidance

    

          on using commercial exemptions here

    

         

    
http://www.ico.gov.uk/for_organisations/...

    

          and look forward to you reviewing any outstanding elements of

     my

    

          request you are claiming s43(s) exemptions for in line with

     this.

    

          As the ICO says, ‘the bias is in favour of disclosure’. I

     contend

    

          the public interest is served by disclosure as this would

    

          facilitate public understanding and accountability. If,

     having

    

          weighed public interest against any qualified exemption, you

     still

    

          feel able to refuse any document, please communicate to me

     how you

    

          have applied the public interest test in any refusal notice

     to me.

    

         

    

          3. You cited that the additional exemption 40(2) applied. I

     am

    

          conversant with the ICO guidance on the use of this exemption

     as

    

          detailed here

    

         

    
(http://www.ico.gov.uk/for_organisations/...).

    

          I am unclear whose personal information you feel is at risk

     of

    

          being compromised by my information request. Certainly I

     expect

    

          there is no patient identifiable information contained in

     Board

    

          Papers, but if then please redact this if possible of refuse

    

          release of that document solely. If you are concerned about

     the

    

          disclosure of personal information relating to sensitive

     staff

    

          issues for example relating to disciplinary matters, I am

     very

    

          happy for you to redact the names of individuals as

     appropriate

    

          (the ICO has further guidance on the use of redaction on

     their

    

          website if required).

    

         

    

          Given my concerns about your application of the Freedom of

    

          Information Act, I would be grateful if you could review your

    

          response to my FOI request, making sure you are applying the

    

          relevant statute and ICO guidance fully. In the event of you

     still

    

          refusing some or all of my request, please provide me with a

    

          refusal notice detailing the exemptions claimed in full, in

     line

    

          with ICO guidance.

    

         

    

          Could you please let me know in what timescale I can expect a

    

          reviewed response?

    

         

    

          Yours faithfully,

    

         

    

          John Standfield

    

         

    

         

    

         

    

         

     -------------------------------------------------------------------

    

          Please use this email address for all replies to this

     request:

    

          [FOI #118710 email]

    

         

    

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          If you find this service useful as an FOI officer, please ask

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          web manager to link to us from your organisation's FOI page.

    

         

    

         

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     References

    

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     -------------------------------------------------------------------

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Proud, Sue, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

1 Attachment

Dear Mr Standfield

 

                        Thank your for your email of 12^th July 2012
requesting a review of the response to your original Freedom of
Information request of 11^th June 2012.  Please accept my apologies for
the delay in the processing of your request. I am happy to confirm that
the review has now been completed by an appropriate Director of the Trust,
and the response is attached for your consideration.

 

Many thanks

                         

Sue Proud

Information Governance Manager

Informatics Department

0191 2466895

07789174720

[1][email address]

 

The information contained in this e-mail may be subject to public
disclosure under the NHS Code of Openness or the Freedom of Information
Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail and your reply cannot be guaranteed.
Unless expressly stated otherwise, the information contained in this
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show quoted sections

Proud, Sue, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

Dear Mr Standfield,

                           Further to my previous email today, I ought to
have pointed out the following to you:

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at: The
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF. Telephone: 08456 30 60 60 or 01625 54 57 45 Website:
[1]www.ico.gov.uk

There is no charge for making an appeal.

 

Please accept my apologies for this omission.

Sue Proud

Information Governance Manager

Informatics Department

0191 2466895

07789174720

[2][email address]

 

The information contained in this e-mail may be subject to public
disclosure under the NHS Code of Openness or the Freedom of Information
Act 2000.
Unless the information is legally exempt, the confidentiality of this
e-mail and your reply cannot be guaranteed.
Unless expressly stated otherwise, the information contained in this
e-mail is intended for the named recipient(s) only. If you are not the
intended recipient you must not copy, distribute, or take any action or
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show quoted sections

Dear Ms Quinn,

Thank you for your response to my request for an internal review under the Freedom of Information Act.

I am pleased your review has led to a greater level of transparency with the initial publication of board agendas. However, I am disappointed that given the significant amount of time that has passed since my initial FOI request and indeed my request for internal review, you have not made more progress in the publication of the further papers as requested. You are no doubt aware that you have, in fact, only completed your review on a tiny % of the documents requested, and you are in breach of the Information Commissioner's requirement to complete all reviews within 40 days for the remaining documents. Thank you for providing me with information about how to appeal your handling of this matter to the Commissioner - I will take some time to reflect on whether I wish to proceed with this.

You ask me whether there are any specific documents I would like you to prioritise the publication of. Could you please prioritise the release of the minutes for all of the board meetings for which you have published agendas and let me know when these will be released please?

You say that the review process for ALL papers within my request will be complete within '4-6 weeks' - can I therefore ask you to confirm that all these documents, except for those that you are claiming exemptions, will be published on your website by 19th October (i.e. 6 weeks after your response to my internal review)?

Finally, yes I would like to receive a refusal notice and a copy of your application of the prejudice test for every individual document you decide not to publish and also for the sections of any document you choose to redact.

I look forward to your further response.

Yours sincerely,

John Standfield

Dear Information Governance / Ms Quinn,

I am disappointed that, despite your assurances to the contrary, there has been no further publication of documents on your website from past Trust Board meetings, or any response to my email of 19th September.

Could you please respond to that email and the questions contained in it about your outstanding legal obligations under the Freedom of Information Act?

Yours sincerely,

John Standfield

Proud, Sue, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

I away from the office on annual leave. For urgent enquiries please
contact Ext 66892

show quoted sections

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FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

Dear Mr Standfield,

 

We have been working through the information that you have requested and
further documents have been published on the Trust’s website last week and
further information will follow this week. 

 

I appreciate this has taken a number of weeks to progress and this is
because your request has been quite wide-ranging and involved a
significant number of documents. 

 

In responding to your request we are adopting an open and transparent
approach to publish as much information from our closed board meetings
that is in the public interest and is safe to disclose.

 

I would be happy to speak to you directly to talk through any concerns you
may have around the handling of your request.

 

Regards

 

 

Lisa Quinn

 

Director of Performance and Assurance

 

 

 

Northumberland, Tyne & Wear NHS Foundation Trust
Web: [1]www.ntw.nhs.uk

 

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show quoted sections

Dear Ms Quinn,

Thank you for your update, though I remain disappointed that your conduct of the internal review is still ongoing way past the timescales set by the ICO and also your earlier assurances.

In my previous emails to you, I asked you to prioritise the release of the minutes of the board meetings, however you are publishing a variety of papers on your website but no minutes.

Can you please let me know when I can expect to see those minutes released, or an appropriate refusal notice issued? I would appreciate a response by 1st November.

Yours sincerely,

John Standfield

FOI, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

Dear Mr Standfield

 

In response to your communications of the 25th October, the Trust is
working through each set of Board meeting papers. We are uploading them to
our website as soon as possible; minutes will start to be uploaded from
next week. I note your disappointment in the time it has taken us and
repeat our apology.

 

 

Kind regards

 

 

Information Governance Team
Informatics Department
Northumberland, Tyne & Wear NHS Foundation Trust

Web: [1]www.ntw.nhs.uk

 

 

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show quoted sections

     Please use this email address for all replies to this request:

     [FOI #118710 email]

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

     -------------------------------------------------------------------

 

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