Request
Governance -
United Lincolnshire Hospitals Trust
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I refer to the
statement made by the Chairman of the trust in a BBC
report
recently:
"He was suspended
because the strategic health authority had serious
concerns about
the governance at United Lincolnshire Hospitals Trust,"
Please supply
information showing what those governance concerns were.
Please note that
this form produces text that is not readable by even
the
most-keen-eyed person, let alone a disabled person. The form
is
certainly a
breach of the DDA.
***********************************************
Our Response
Thank you for
your request for information.
In accordance
with S.1 (1) (a) of the Freedom of Information Act 2000 (FOIA) I
can confirm that we hold information relevant to your
request. We are however of the view that the information
concerned is exempted from disclosure at this time on the grounds
of the engagement of S.36 (2) (b) and (c) of the FOIA. As required
when applying this exemption we have consulted our Chief Executive
who has expressed the opinion that as the ‘qualified person’
identified in the Act, it is reasonable to apply this
exemption.
Discussions are
currently taking place within the Strategic Health Authority (SHA)
about a whole range of issues which are linked to your request for
information. At times such as this it is essential that
discussions which take place are free from inhibition; that advice
and guidance sought and given can be expressed freely and frankly
and that the SHA has the opportunity to ‘think in private’. It
would be premature and to the prejudice of all concerned to put
this information into the public domain before discussions have
been finalised and decisions taken.
Since S.36 FOIA
is a qualified exemption we are not only required to consider
whether the exemption applies but also whether this is overridden
by the balance of the public interest test. It is
understandable that there is public interest in the disclosure of
information which will advance the understanding of the issues at
hand and the accountability of public authorities for the decisions
they have taken. However, our view of this issue is that
there is no evidence to support the view that disclosure at this
point in time would facilitate a better understanding of the
governance concerns that you refer to in your request. The greater
public interest is in allowing essential discussions to take place,
without prejudice so that they can best inform decisions in this
area and that the balance of the public interest lies with
protecting the information from disclosure at this time.
I hope that this
information is of use to you. If you are dissatisfied with
the way in which we have dealt with your enquiry you can complain
in writing to:-
Mr Kevin
Orford
Deputy Chief
Executive and Director of Finance
NHS East
Midlands
Octavia
House
Interchange
Business Park
Bostock's
Lane
Sandiacre
Nottingham
NG10
5QG
If at the
conclusion of any review you remain dissatisfied you may complain
to the Information Commissioner who can be contacted
at:-
The Office of the
Information Commissioner
Wycliffe
House
Water
Lane
Wilmslow
Cheshire
SK9 5AF
