Request
Dear NHS East Midlands,
Thank you for your responses to my last request. I do have some more questions listed below:
1) REGISTER OF DIRECTORS INTERESTS DECLARATIONS BY MS BURNETT
I note the following:
The website of the Hornbeam Associates company, owned by Ms Burnett, lists Ms Appleby as an Associate. The website of the Blue Horizon Associates company, owned by Ms Appleby, lists Ms Burnett working in “an associate capacity with Blue Horizon Associates Ltd.”
The October 2009 Derbyshire Mental Health Services NHS Trust Board minutes show Ms Appleby declaring an interest as Associate Consultant, Hornbeam Associates Ltd and listing NHS East Midlands as a current client.
The Directors List of Interests up to March 2010 you sent, shows no entry under Ms Burnett for Blue Horizon Associates. The NHS Codes of Conduct and Accountability state:
Declaration of Interests
It is a requirement that chairs and all board directors should declare any conflict of interest that arises in the course of conducting NHS business. All NHS organisations maintain a register of member’s interests to avoid any danger of board directors being influenced, or appearing to be influenced, by their private interests in the exercise of their public duties.
All board members are therefore expected to declare any personal or business interest which may influence, or may be perceived to influence, their judgement. This should include, as a minimum, personal direct and indirect financial interests, and should normally also include such interests of close family members. Indirect financial interests arise from connections with bodies which have a direct financial interest, or from being a business partner of, or being employed by, a person with such an interest. From the EMSHA Standing Financial Instructions:
7.1 Declaration of Interests
7.1.2 Interests which are relevant and material
(i) Interests which should be regarded as "relevant and material" are:
e) Any connection with a voluntary or other organisation contracting for NHS services.
Do you have information to show why Blue Horizon Associates is not listed in Ms Burnett’s register of interests. In the 2009/10 accounts, is Blue Horizon Associates listed under related party transactions?
2. WORK UNDERTAKEN BY BLUE HORIZON ASSOCIATES AT EMSHA
i) Can you please tell me of any payments made or contracts won by Blue Horizon Associates since July 2006?
ii) Can you tell me which other companies competed for a contract?
iii) Can you tell me which Department awarded a contract?
iv) Can you please list the members or their job titles on the awarding panel.
v) Can you please tell me the date and which Trust or Departmental committees or groups meetings, had papers where any contract by Blue Horizon Associates was listed?
vi) Can you tell me the members or their job titles who reviewed whether any contracts won by Blue Horizon Associates had been successfully carried out?
3) PRIVATE WORK AT EAST MIDLANDS NHS TRUSTS DECLARATIONS BY MS BURNETT
In the East Midlands SHA 2008/9 Accounts under Related Party Disclosures, there is a listing of “Miss K Burnett is a Non-executive Director and has held a short-term contract with Nottingham University Hospitals NHS Trust”. The NUH has provided further information to show that £2,126 +VAT was paid to Hornbeam Associates in 2008/9. The 2009/10 Register of Interests shows work carried out at “NHS Leicester”.
Can you please tell me if the work at
i) NUH
ii) “NHS Leicester”
was authorized by the SHA Chairman before it was accepted? If it was, do you have any records ie emails, notes, dictations, minutes etc which relate to exchanges between the Chairman and Ms Burnett to do with this work?
The “Standards of business conduct for NHS staff” document states:
Responsibility of NHS Staff
3. It is the responsibility of staff to ensure that they are not placed in a position which risks, or appears to risk, conflict between their private interests and their NHS duties.
Outside employment
20. NHS employees are advised not to engage in outside employment which may conflict with their NHS work, or be detrimental to it. They are advised to tell their NHS employing authority they think they may be risking a conflict of interest in this area.
Do you have any information to show if this document was considered when deciding the appropriateness of accepting work at NUH and “NHS Leicester”?
Can you please clarify which organisation/s “NHS Leicester” refers to in your 2009/10 register?
4) REGISTER OF DIRECTORS INTERESTS DECLARATIONS BY MR BEAUMONT
Mr Michael Beaumont
7. Mental Health Act Manager of Nottinghamshire Healthcare NHS Trust since April 2001.
7. Please declare any posts held, either paid or unpaid, that a direct member of your immediate family (eg. spouse/child/sibling) holds with or has a declarable interest in any organisation which undertakes business with, or has a material interest in, East Midlands Strategic Health Authority.
Can you please clarify if the classification into group 7. is correct or whether Mr Beaumont is a Mental Health Act Manager?
5) PUBLICATION OF DECLARED INTERESTS
From the EMSHA Standing Financial Instructions:
7.1.5 Publication of declared interests in Annual Report Board members' directorships of companies likely or possibly seeking to do business with the NHS should be published in the Authority’s annual report. The information should be kept up to date for inclusion in succeeding annual reports.
7.2.3 The Register will be available to the public and the Chief Executive will take reasonable steps to bring the existence of the Register to the attention of local residents and to publicise arrangements for viewing it.
I did not see details from 7.1.5 published in the 2008/9 Annual Report, although these were published in the Full 2008/9 Accounts. Can you confirm this is the case?
Have you got information to show any reasonable steps the Chief Executive took to bring the existence of the 2008/9 Register to the attention of local residents and to publicise arrangements for viewing it?
Our Response
See the pdf attachment below
