Request
I’d be grateful
if you could help me with the following query please, and handle it
as a request for information under the Freedom of Information
Act.
Please could you
tell me:
1/ What
correspondence or discussions has the SHA had with the Department
of Health since 30 April 2009 relating to the necessity of
suspending the Quality and Outcomes Framework, or payments for
other routine work in primary care (such as, for example, Local
Enhanced Services) in order to allow primary care clinicians to
focus on dealing with swine flu cases. Please list and date all
such correspondence and discussions and provide copies where
documents are available.
2/ What
correspondence or discussions has the SHA had with PCTs in its area
since 30 April 2009 relating to the necessity of suspending the
Quality and Outcomes Framework, or payments for other routine work
in primary care (such as, for example, Local Enhanced Services), in
order to allow primary care clinicians to focus on dealing with
swine flu cases. Please list and date all such correspondence and
discussions and provide copies where documents are
available.
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.
This is a
critical time for the NHS when wide ranging discussions are taking
place about a whole range of issues which may be linked to or
affected by the entirely necessary efforts being focused on dealing
with this pandemic. 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 organisations concerned have the opportunity to ‘think
in private’. It is also a time when all available resources need to
be applied to the challenges at hand. It has become quite
clear that the NHS Communications Strategy, which quite properly
focuses on informing the public about essential information for
dealing with Swine Flu, is well developed but it does not and
should not include preparing this kind of information for
publication at a time when all efforts are concentrated on actually
dealing with the pandemic. This is not to say that work is not
being done on this area but it would be premature and to the
prejudice of all concerned to put it in 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 our view in this
case that while there is clearly a limited public interest in
establishing what the procedural and financial arrangements are
relating to Primary Care Clinicians, the greater public interest is
in allowing essential discussions to take place, without prejudice,
which can best inform decisions in this area.
Please note that
if you are dissatisfied with the way in which we have dealt with
your request 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
