Request
Dear Sir/ Madam
Under the Freedom of Information Act 2000 I request the Department of Health to provide me with the following information:
- Copies of the Tripartite Formal Agreements for all non-Foundation Trusts in the East Midlands region.
I would prefer to receive this information electronically.
I would be grateful if you could confirm in writing that you have received this request.
I look forward to hearing from you in the near future.
Note that should read East Midlands SHA not Department of Health
Our Response
I refer to your email requesting Copies of the Tripartite Formal Agreements for all non-Foundation Trusts in the East Midlands region
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.
However, we feel that Section 22 of the FOIA exempts the information requested as this information is intended for publication at a future date.
Section 22 is a qualified exemption and is subject to consideration of the public interest test. We recognise that there is a public interest in providing this information to you in order to be helpful, and to promote accountability and transparency of government. However, in this case, there are strong arguments to support the use of the future publication exemption on the basis that the best use of public resources would be directed to pulling this information together and ensuring it is robust, accurate and presented in a consistent, and comprehensive format.
Having considered the public interest, NHS East Midlands’ decision is to withhold the information at this point in time whilst work in this area continues to develop. Publication at the appropriate time will ensure that the public is provided with final, robust agreements which form a better basis for public debate as well as providing assurance that public funds are being spent appropriately. We feel that publication now would pre-empt decisions that NHS East Midlands and its constituent organisations are still in the process of making.
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
