Request
I would like to
submit a formal request for information under the Freedom of
Information Act. The Department of Health recently surveyed
hospital trusts to establish how many rotas would be unable to
comply with the European Working Time Directive which reduces
junior doctors working hours to 48 a week. I understand trusts
passed this information onto their Strategic Health Authority to be
reviewed at a regional level before being submitted to a national
independent scrutiny panel.
I would like to
know, from the information the SHA received:
a) Names of
Trusts that submitted information showing they had rotas
which
were not 48 hour
compliant?
b) Names of
Trusts that submitted information showing they had rotas
which
they did not believe
would be 48 hour compliant on 1st August?
c) a breakdown
(in list form) for each trust showing all relevant rotas
and
specifically indicating
which ones were not already compliant.
e.g. General Surgical
Junior Grade (JG) rota (i.e.SHO equivalent/FY2/FTSTA)
Emergency Medicine Middle
Grade (MG) rota (i.e.ST3-6/Staff Grade/Trust Grade)
d) A breakdown
(in list form) for each trust showing which rotas trusts did not
believe
would be compliant
on 1st August.
e) Total number
of rotas submitted to the National Independent Scrutiny
Panel.
f) Description of
rotas submitted to the National Independent Scrutiny
Panel.
Our Response
I refer to your
email requesting information in respect of the European Working
Time Directive.
In accordance with
paragraph 1(1) (a) of the Freedom of Information Act 2000 we are
required to confirm or deny that we hold the information you have
requested. In relation to this particular question, we can
confirm that we hold the information.
However, Statutory
Instrument No 1567 was published and came into force on 1 August
2009 and we believe that this contains the information that you
require. You can view the Statutory Instrument via the link
below:-
http://www.opsi.gov.uk/si/si2009/uksi_20091567_en_1
We are therefore of the view that the exemption available to us
under S.21 of the FOIA is engaged in this instance as
this information is accessible by other means.
I hope that this
information is of use to you. However, if you are
dissatisfied with the way in which we have handled your request for
information you can write 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
