Violation of Article 3 ECHR and policies

ismail made this Freedom of Information request to Home Office

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 partially successful.

Dear Home Office,

Do you do the NHS duties that is to inform the patient that his appointment has been cancelled after you request it to be cancelled?

Pl;ease see email below which I received from you:

from: RelocationsAThomeoffice.gsi.gov.uk

Dear Mr Ismail

On behalf of Barts NHS Trust I would like to advice you that your pre operation appointment will be re-scheduled therefore you are no longer required to attend the appointment on 11th March.

I have also been asked to advice you that you have not been removed from their waiting list.

You will be contacted by Barts Hospital if /when your pre-operation appointment is rescheduled.

Kind Regards

Relocation Team
ECEM DALY

Thatperson phone dthe NHS to cancel my appointment. do you obstruct people's medical treatments? Do you obstruct people's fundamental rights?

What is your policy related to Article 3 and 8 to cancel a medicla surgery wihtout notice/consent to the asylum seeker?

Which policy you hold which allow you to do so?

Yours faithfully,

ismail

FOI Requests, Home Office

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear FOI Requests,

Its a general query about communication between ukba and nhs.

Yours sincerely,

ismail

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

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We aim to provide a response to all FOI requests within 20 working days.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear FOI Requests,

I will be grateful if you could provide me with the policy regarding:

1. Suspension of subsistence support (Section 95) while there are 3 minor children involved in an asylum claim.

2. Communicating with hospitals to cancel medical treatments of asylum seekers? Is it not a violation of Article 3 ECHR?

Yours sincerely,

ismail

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Home Office,

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

I am writing to request an internal review of Home Office's handling of my FOI request 'Violation of Article 3 ECHR and policies'.

The Request is simple:

Do you cancel hospital appointments of asylum seekers and prevent them to follow medical treatments in the UK?

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

Yours faithfully,

ismail

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Freedom Of Information Team ( IND ), Home Office

Dear Ismail,

Thank you for your e-mail. Please can you send us your original request and we shall contact you with a response as soon as possible.

Kind regards.

FOI Team
Home Office
Lunar House
40 Wellesley Road
Croydon
CR9 2BY
www.homeoffice.gov.uk

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Dear Freedom Of Information Team ( IND ),

I will be grateful if you oculd respond to the request accordingly using the FOI format.

Yours sincerely,

ismail

Freedom Of Information Team ( IND ), Home Office

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Wayne Pearsall left an annotation ()

Ismail,
Give them your FULL NAME, they will respond in six months stating that you didnt supply your full name, and thus its not a valid FOI request.

It's also worth while rewording your request, and removing personal references...

IE: "Please provide me a copy of your policies relating to cancellation of an asylum seekers hospital appointments"

"Please provide me a copy of your policies relating to cancellation of funding when there are children in an household that the secretary of state has a duty to support and protect the welfare of (Borders, Citizenship 2009 Sec 55)"

They will otherwise state its a Data Protection Request.

NOTE: I would advice you to make a complaint to the Information Commissioner in regards to both the NHS and Home Office breaching your right to a private life. The NHS has no rights to discuss your case with the Home Office in such a manner! (DPA 1998)

Also, if you have no funding, go round to your local council, and request funding under Section 17 of the Childrens Act as your children are at risk etc. They have a legal obligation to help support your children. Dont take no for an answer. :)

ismail left an annotation ()

Thank you Wayne. It was an excellent advice. We are in the process of a judicial review against Home Office and NHS for their breach of my private life, for cancelling my leg surgery which I have been waiting for a long time.

Kind Regards

Dear Freedom Of Information Team ( IND ),

1. Please provide me a copy of your policies relating to cancellation of an asylum seekers (who hold National Insurance Number and who was previously a full tax payer working as a teacher) hospital appointments.

2. Please provide me a copy of your policies relating to cancellation of funding when there are children in an household that the secretary of state has a duty to support and protect the welfare of (Borders, Citizenship 2009 Sec 55)...

Yours sincerely,

ismail

Freedom Of Information Team ( IND ), Home Office

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Wayne Pearsall left an annotation ()

I wouldn't of added the "(who hold National Insurance
Number and who was previously a full tax payer working as a teacher)" as it limits the scope dramatically...

ismail left an annotation ()

Hi wayne

No worries. Home office know my husband and myself very well. The fact is that we are qualified teachers in UK for years but after changes in our circumstances and his involvement in politics, husband claimed asylum. Nevertheless, there has been a severe violation of his privacy and data protection.

My sincere gratitude for your kind and very helpful advice and opinion.

Wayne Pearsall left an annotation ()

No worries. I'm just starting to understand the wording to use for the FOI act. Sadly that "understanding" is coinciding with the Home Office considering my requests to be vexatious.

Freedom Of Information Team ( IND ), Home Office

Dear Ismail

Thank you for your recent e mail – as below. We are dealing with your enquiry and will respond in due course.

Regards

Information Access Team
Home Office

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Leonard James, Home Office

Dear Sir/Madam,

 

Please see the attached response to your FOI request.

 

Regards,

 

 

James Leonard

Operational Policy and Rules Unit

Home Office

 

Tel: 0208 196 4991

 

 

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Leonard James, Home Office

1 Attachment

Dear Sir/Madam,

 

Please see the attached response to your FOI request.

 

Regards,

 

 

James Leonard

Operational Policy and Rules Unit

Home Office

 

Tel: 0208 196 4991

 

 

 

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Dear Leonard James,

Your answer is not clear. Healthcare policy dispersal guidelines for asylum seekers indicates that Home Office should not communicate with NHS without prior consent.

However my query was about

1. What other policy/law or relevant statutory document you hold with regards to disclosure and sharing datas with NHS about asylum seekers?

2. Under which guidance the home office is allowed to cancel medical treatments of asylum seekers?

Yours sincerely,

ismail

Leonard James, Home Office

Dear Ismail,

The relevant statute covering sharing of information between government departments/authorities is the Data Protection Act 1998.

The Home Office has no role in the scheduling or arrangement of medical treatment for asylum seekers and consequently would not publish any guidance with regards to the issue you ask about.

Kind Regards,

James Leonard
Operational Policy and Rules Unit
Home Office
 
Tel: 0208 196 4991

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