Request
Dear Freedom of Information Officer
Freedom of Information Act request
I wish to make a series of separate requests under the Act. For convenience, I am including them in one email. They are as follows:
Request #1 Please confirm or deny whether your Strategic Health Authority has arrangements in place for administering the Interim Cancer Drugs Fund.
Request #2 Please provide details of your Strategic Health Authority’s arrangements for administering the Interim Cancer Drugs Fund.
Request #3 Please confirm or deny whether clinicians in your Strategic Health Authority are required to submit individual or exceptional funding requests to their Primary Care Trust prior to submitting their application to the Interim Cancer Drugs Fund.
Request #4 Please confirm or deny whether your Strategic Health Authority has arrangements in place to expedite individual or exceptional funding requests which may qualify for funding through the Interim Cancer Drugs Fund.
Request #5 Please supply details of the arrangements your Strategic Health Authority has in place to expedite individual or exceptional funding requests which may qualify for funding through the Interim Cancer Drugs Fund.
Request #7 Please confirm or deny whether you have a committee in place in your Strategic Health Authority to manage the Interim Cancer Drugs Fund.
Request #8 Please supply details of the committee in place in your Strategic Health Authority to manage the Interim Cancer Drugs Fund, including its name and the name, job title and position of its members.
Request #9 Please confirm or deny whether your Strategic Health Authority has a list of treatments that are routinely funded through the Interim Cancer Drugs Fund.
Request #10 Please provide details of the list of treatments that are routinely funded through the Interim Cancer Drugs Fund by your Strategic Health Authority, including the treatment name and its indication.
Request#11 Please confirm or deny whether your Strategic Health Authority has a list of treatments that are not funded through the Interim Cancer Drugs Fund and are therefore only available in exceptional circumstances.
Request #12 Please provide details of the list of treatments that are only funded in exceptional circumstances through the Interim Cancer Drugs Fund by your Strategic Health Authority including the treatment name and its indication.
Request #13 Please confirm or deny whether your Strategic Health Authority received applications to the Interim Cancer Drugs Fund between 1 October and 31 December 2010.
Request #14 Please state the number of requests to the Interim Cancer Drugs Fund that were received by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
Request #15 Please confirm or deny whether your Strategic Health Authority approved requests to the Interim Cancer Drugs Fund in (a) October, (b) November and (c) December 2010.
Request #16 Please state the number of requests to the Interim Cancer Drugs Fund that were approved by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
Request #17 Please confirm or deny whether your Strategic Health Authority denied requests to the Interim Cancer Drugs Fund in (a) October, (b) November and (c) December 2010.
Request #18 Please state the number of requests to the Interim Cancer Drugs Fund that were denied by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
Request #19 Please confirm or deny whether your Strategic Health Authority holds details of the treatments that have been applied for through the Interim Cancer Drugs Fund in (a) October, (b) November and (c) December 2010.
Request #20 Please provide a list of the treatments that have been applied for through the Interim Cancer Drugs Fund, including their name and indication and the number of times these have been approved or denied by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
Request #21 Please confirmor deny whether your Strategic Health Authority holds details of the estimated cost of treatments funded by the Interim Cancer Drugs Fund broken down by name of treatment and indication in (a) October, (b) November and (c) December 2010.
Request #22 Please provide details of the cost of treatments funded by the Interim Cancer Drugs Fund in your Strategic Health Authority broken down by name of treatment and indication in (a) October, (b) November and (c) December 2010.
Request #23 Please confirm or deny whether your Strategic Health Authority holds details of the total projected cost that will be incurred by 31 March 2011 for treatment that has already been approved for use by the Interim Cancer Drugs Fund, broken down by cancer treatment and indication.
Request #24 Please supply details of the total projected cost that will be incurred by 31 March 2011 for treatment that has already been approved for use broken down by treatment and indication, by the Interim Cancer Drugs Fund in your Strategic Health Authority.
Request #25 Please confirm or deny whether your Strategic Health Authority holds details on the total projected spend that will be incurred after 31 March 2011 on treatment administered for patients whose applications for treatment were approved during the Interim Cancer Drugs Fund period.
Request #26 Please supply details on the total projected spend that will be incurred after 31 March 2011 on treatment administered for patients in your Strategic Health Authority whose applications for treatment were approved during the Interim Cancer Drugs Fund period.
Request #27 Please confirm or deny whether your Strategic Health Authority is projecting an underspend from its Interim Cancer Drugs Fund allocation.
Request #28 Please supply details of the anticipated underspend from your Strategic Health Authority’s Interim Cancer Drugs Fund allocation.
Request #29 Please confirm or deny whether your Strategic Health Authority is projecting an overspend from its Interim Cancer Drugs Fund allocation.
Request #30 Please supply details of the anticipated overspend from your Strategic Health Authority’s Interim Cancer Drugs Fund allocation.
Request #31 Please confirm or deny whether your Strategic Health Authority has received requests to the Interim Cancer Drugs Fund for treatments outside their license indication (off-label).
Request #32 Please list the number of requests your Strategic Health Authority has received to access the Interim Cancer Drugs Fund for treatments licensed outside their license indication (off-label) and state the type of cancer and name of treatment and whether the application was approved or rejected.
Request #33 Please confirm or deny whether your Strategic Health Authority has had communication with your constituent Primary Care Trusts on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #34 Please supply details of the communication your Strategic Health Authority has had with your constituent Primary Care Trusts on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #35 Please confirm or deny whether your Strategic Health Authority has had communication with other Strategic Health Authorities on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #36 Please supply details of the communication your Strategic Health Authority has had with other Strategic Health Authorities on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #37 Please confirm or deny whether your Strategic Health Authority responded to the Cancer Drugs Fund consultation.
Request #38 Please supply a copy of your Strategic Health Authority’s response to the Cancer Drugs Fund consultation.
Request #39 Please confirm or deny whether your Strategic Health Authority holds details on the costs incurred for administering the Interim Cancer Drugs Fund, including direct expenses and staff and clinician time between 1 October 2010 and 31 December 2010.
Request #40 Please supply details of the costs incurred by your Strategic Health Authority for administering the Interim Cancer Drugs Fund, broken down by direct expenses and staff and clinician time between 1 October 2010 and 31 December 2010.
Request #41 Please confirm or deny whether your Strategic Health Authority has mechanisms in place to audit clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund.
Request #42 Please provide details of the process that is used by your Strategic Health Authority to audit clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund.
Request #43 Please confirm or deny whether findings from any audit that your Strategic Health Authority has in place to assess clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund will be published.
Request #44 Please supply details of where and when any findings from an audit that your Strategic Health Authority has in place to audit clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund will be published.
Public interest arguments
There is a clear public interest for disclosure of this information, in that disclosure will:
Further the understanding of and participation in the public debate of issues of the day, and will allow a more informed debate of issues under consideration by public bodies.
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Promote accountability and transparency by public authorities for decisions taken by them.
Promote accountability and transparency in the spending of public money.
Allow individuals to understand decisions made by public authorities affecting their lives and, in some cases, assisting individuals in challenging those decisions.
Bring to light information affecting public health and public safety.
Further to Section 16 of the Act (duty to provide advice and assistance), if you have any queries relating to these requests or need clarification on any issue, I would be grateful if you could contact me.
I observe the Ministry of Justice’s guidance on fees which states, “if a request is particularly wide-ranging, and therefore likely to be expensive to answer, the authority should consider discussing this with the applicant and see if the question could be refined to a more manageable level, or resubmitted in part, to bring it below the appropriate limit.”
Our response
I refer to your email requesting information in respect of the Interim Cancer Drug Fund.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do not hold all of the information that you have requested. However, I will address each of your questions in turn:
Request #1 Please confirm or deny whether your Strategic Health Authority has arrangements in place for administering the Interim Cancer Drugs Fund.
Request #2 Please provide details of your Strategic Health Authority’s arrangements for administering the Interim Cancer Drugs Fund.
Request #3 Please confirm or deny whether clinicians in your Strategic Health Authority are required to submit individual or exceptional funding requests to their Primary Care Trust prior to submitting their application to the Interim Cancer Drugs Fund.
Request #4 Please confirm or deny whether your Strategic Health Authority has arrangements in place to expedite individual or exceptional funding requests which may qualify for funding through the Interim Cancer Drugs Fund.
Request #5 Please supply details of the arrangements your Strategic Health Authority has in place to expedite individual or exceptional funding requests which may qualify for funding through the Interim Cancer Drugs Fund.
Request #7 Please confirm or deny whether you have a committee in place in your Strategic Health Authority to manage the Interim Cancer Drugs Fund.
Request #8 Please supply details of the committee in place in your Strategic Health Authority to manage the Interim Cancer Drugs Fund, including its name and the name, job title and position of its members.
Request #9 Please confirm or deny whether your Strategic Health Authority has a list of treatments that are routinely funded through the Interim Cancer Drugs Fund.
Request #10 Please provide details of the list of treatments that are routinely funded through the Interim Cancer Drugs Fund by your Strategic Health Authority, including the treatment name and its indication.
Request#11 Please confirm or deny whether your Strategic Health Authority has a list of treatments that are not funded through the Interim Cancer Drugs Fund and are therefore only available in exceptional circumstances.
Request #12 Please provide details of the list of treatments that are only funded in exceptional circumstances through the Interim Cancer Drugs Fund by your Strategic Health Authority including the treatment name and its indication.
Request #13 Please confirm or deny whether your Strategic Health Authority received applications to the Interim Cancer Drugs Fund between 1 October and 31 December 2010.
Request #14 Please state the number of requests to the Interim Cancer Drugs Fund that were received by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
Request #15 Please confirm or deny whether your Strategic Health Authority approved requests to the Interim Cancer Drugs Fund in (a) October, (b) November and (c) December 2010.
Request #16 Please state the number of requests to the Interim Cancer Drugs Fund that were approved by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
Request #17 Please confirm or deny whether your Strategic Health Authority denied requests to the Interim Cancer Drugs Fund in (a) October, (b) November and (c) December 2010.
Request #18 Please state the number of requests to the Interim Cancer Drugs Fund that were denied by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
Request #19 Please confirm or deny whether your Strategic Health Authority holds details of the treatments that have been applied for through the Interim Cancer Drugs Fund in (a) October, (b) November and (c) December 2010.
Request #20 Please provide a list of the treatments that have been applied for through the Interim Cancer Drugs Fund, including their name and indication and the number of times these have been approved or denied by your Strategic Health Authority in (a) October, (b) November and (c) December 2010.
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The SHA does not hold this information in a format that would protect patient confidentiality. We are of the opinion that the exemption available to us under Section 40 (2) of the FOIA is therefore engaged in this instance. Section 40 applies to third party personal data and is exempt from disclosure under the FOIA if disclosure would breach any of the data protection principles contained within Part 1 of Schedule One under Section 4 (1) and (2) of the Data Protection Act 1998 (DPA). Such information would not be released under the FOIA unless there was a strong public interest.
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One of the main differences between the FOIA and the DPA is that any information released under the FOIA is released into the public domain, not just the individual requesting the information and disclosure under the Act must be made with that in mind. As such, any release that identifies an individual through releasing their personal data, even third party personal data, is exempt.
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All persons whose personal data is processed by NHS East Midlands, regardless of whether they be patients, staff or members of the public, have an intrinsic right to privacy and these rights are protected by virtue of the DPA. Release of the information subject to the exemption is likely to compromise those rights.
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It is our view that Section 40 (2) is engaged because the persons concerned are likely to be identified by the disclosure of the information in its entirety. Such a disclosure would be a breach of Principle One of the DPA. Patients and members of staff can expect NHS East Midlands to secure their personal information and only process their personal information in line with the principles contained within the DPA.
Request #21 Please confirmor deny whether your Strategic Health Authority holds details of the estimated cost of treatments funded by the Interim Cancer Drugs Fund broken down by name of treatment and indication in (a) October, (b) November and (c) December 2010.
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The SHA does not hold the information in a form that would protect patient confidentiality, but intends to publish some information in respect of this request for the October to end March period in due course. We are therefore of the opinion that Section 22 of the FOIA is engaged in this instance. Section 22 relates to information which is due for publication at a later date. Section 22 is also 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.
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·However, we also feel that there are strong arguments to support the use of the future publication exemption on the basis that the best use of public resources would not be directed to pulling this information together, ensuring it is accurate, fit for purpose and published in a consistent and comprehensive format.
Request #22 Please provide details of the cost of treatments funded by the Interim Cancer Drugs Fund in your Strategic Health Authority broken down by name of treatment and indication in (a) October, (b) November and (c) December 2010.
Request #23 Please confirm or deny whether your Strategic Health Authority holds details of the total projected cost that will be incurred by 31 March 2011 for treatment that has already been approved for use by the Interim Cancer Drugs Fund, broken down by cancer treatment and indication.
Request #24 Please supply details of the total projected cost that will be incurred by 31 March 2011 for treatment that has already been approved for use broken down by treatment and indication, by the Interim Cancer Drugs Fund in your Strategic Health Authority.
Request #25 Please confirm or deny whether your Strategic Health Authority holds details on the total projected spend that will be incurred after 31 March 2011 on treatment administered for patients whose applications for treatment were approved during the Interim Cancer Drugs Fund period.
Request #26 Please supply details on the total projected spend that will be incurred after 31 March 2011 on treatment administered for patients in your Strategic Health Authority whose applications for treatment were approved during the Interim Cancer Drugs Fund period.
Request #27 Please confirm or deny whether your Strategic Health Authority is projecting an underspend from its Interim Cancer Drugs Fund allocation.
Request #28 Please supply details of the anticipated underspend from your Strategic Health Authority’s Interim Cancer Drugs Fund allocation.
Request #29 Please confirm or deny whether your Strategic Health Authority is projecting an overspend from its Interim Cancer Drugs Fund allocation.
Request #30 Please supply details of the anticipated overspend from your Strategic Health Authority’s Interim Cancer Drugs Fund allocation.
Request #31 Please confirm or deny whether your Strategic Health Authority has received requests to the Interim Cancer Drugs Fund for treatments outside their license indication (off-label).
Request #32 Please list the number of requests your Strategic Health Authority has received to access the Interim Cancer Drugs Fund for treatments licensed outside their license indication (off-label) and state the type of cancer and name of treatment and whether the application was approved or rejected.
Request #33 Please confirm or deny whether your Strategic Health Authority has had communication with your constituent Primary Care Trusts on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #34 Please supply details of the communication your Strategic Health Authority has had with your constituent Primary Care Trusts on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #35 Please confirm or deny whether your Strategic Health Authority has had communication with other Strategic Health Authorities on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #36 Please supply details of the communication your Strategic Health Authority has had with other Strategic Health Authorities on the Interim Cancer Drugs Fund process since 28 July 2010.
Request #37 Please confirm or deny whether your Strategic Health Authority responded to the Cancer Drugs Fund consultation.
Request #38 Please supply a copy of your Strategic Health Authority’s response to the Cancer Drugs Fund consultation.
Request #39 Please confirm or deny whether your Strategic Health Authority holds details on the costs incurred for administering the Interim Cancer Drugs Fund, including direct expenses and staff and clinician time between 1 October 2010 and 31 December 2010.
Request #40 Please supply details of the costs incurred by your Strategic Health Authority for administering the Interim Cancer Drugs Fund, broken down by direct expenses and staff and clinician time between 1 October 2010 and 31 December 2010.
Estimated staff time committed
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Clinical time - Probably a session a week for about 6 clinicians and double this for the panel chair (mostly outside office hours)
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Cancer network pharmacy advice - estimate of 1.5 days per week.
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Specialised Commissioning estimates – 2 days per week @ band 7, .5 day per week band 5, .5 day per week pharmacy advice/management.
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SHA – input from public health, medical director, Communications lead and FoI lead – time commitment varies, at least a day a week and increasing.
Request #41 Please confirm or deny whether your Strategic Health Authority has mechanisms in place to audit clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund.
Request #42 Please provide details of the process that is used by your Strategic Health Authority to audit clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund.
Request #43 Please confirm or deny whether findings from any audit that your Strategic Health Authority has in place to assess clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund will be published.
Request #44 Please supply details of where and when any findings from an audit that your Strategic Health Authority has in place to audit clinical outcomes for patients who have received treatment as a result of the Interim Cancer Drugs Fund will be published.
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
