Request
Thank you for your response. I would be grateful if you would clarify an answer where you appear to have misinterpreted my question.
In question 2:
Of the number referred to in the answer to 1 above how many of the decisions on eligibility for Continuing Care being reviewed by the SHA’s Independent Review Panel were made after 1 October 2007?
you refer to decisions made by the Retrospective Reassessment Panel.
Since this panel was reassessing decisions originally made by the PCT, I wanted to know how many of the decisions reviewed by the SHA's Independent Review Panel related to original decisions made directly by the PCT.
As I understand the position, the East Midlands Retrospective Reassessment Panel is an East Midlands Strategic Health Authority body and under the Directions 2004 (or Directions 2007) the SHA's Independent Review Panel can only review decisions made by the PCT so there must have been an original PCT decision for the SHA's Independent Review Panel to review.
Please could you answer the question as originally stated in relation to decisions made by the PCT. I am aware that the Retrospective Reassessment Panel was not set up until after 1 October 2007 and hence all its decisions were after this date. My question solely related to decisions made by the PCT itself.
Our Response
Thank you for your further email request seeking clarification of the response to your request for information.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do hold the information that you have requested.
The East Midlands Reassessment Panel is not an SHA (Strategic Health Authority) body. The Reassessment Panels are convened on behalf of the 9 Primary Care Trusts (PCTs) in the East Midlands to retrospectively reassess (or assess) a patient’s eligibility for continuing NHS health care.
Information about whether or not the original responsible PCT made a decision on eligibility is not collected by NHS East Midlands as it is not necessarily relevant to a retrospective review. It is the purpose of the Panel to look afresh at the evidence which has been collated in respect of the whole of the agreed enquiry period. Sometimes there has been nothing in the patient’s care history to prompt a consideration for continuing care eligibility and hence there will be cases where no previous decision has been made. For example, where a self funded patient was discharged from hospital to a residential home, the PCT may not have been aware of the patient. Also it is often not clear from collated historic records whether a first decision had been made so this is not simply a case of referring back to records to double check. It would not be possible to confidently report a figure.
I hope that this information is of use. If you are dissatisfied with the way in which we have dealt with your request you can ask us to review our decision by writing to:-
Mr Moosa Patel
Director of Corporate Affairs
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
