Request
I wish to make two separate requests under the Freedom of Information Act. For convenience, I am including them in one email. They are as follows:
Request 1: Please provide local plans from all primary care trusts which have been received by the strategic health authority for how to spend the reablement grant for the financial year 2010/11.
Request 2: Please provide local plans from all primary care trusts which have been received by the strategic health authority for how to spend the reablement grant for the financial year 2011/12.
Public interest arguments
There is a clear public interest for disclosure of this information, in that disclosure will:
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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.
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Promote accountability and transparency in the spending of public money.
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Allow individuals to understand decisions made by public authorities affecting their lives and, in some cases, assisting individuals in challenging those decisions.
Our Response
I refer to your email requesting information in respect of reablement grant spend.
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 shall address each of your questions in turn:-
Request 1: Please provide local plans from all primary care trusts which have been received by the strategic health authority for how to spend the reablement grant for the financial year 2010/11.
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Information held by NHS East Midlands in relation to this question is attached in pdf format. You will note that the NHS Lincolnshire paper also references anticipated 2011/12 spend.
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Regarding NHS Leicester City and NHS Leicestershire County and Rutland, we can confirm that reablement funds have been allocated and spent for 2010/11 for all three local authority areas. Plans for 2011/12 follow on from these initiatives and plans are still in the process of being finalised by partners. These are expected to be available in early Autumn 2011. Also attached is information relating to these arrangements including:
- Board report setting out intention to allocate 2010/11 funds
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Section 256 agreements for each local authority area
Request 2: Please provide local plans from all primary care trusts which have been received by the strategic health authority for how to spend the reablement grant for the financial year 2011/12.
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Please see response above. Apart from the papers already mentioned, no specific plans have been received from Clusters around the spend of reablement monies for 2011/12 and we therefore hold no details around how this is to be spent. However, our constituent organisations may hold this information and the following link to our website will enable you contact them separately for this information.
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You will notice that I have amended a small amount of information contained within the plans submitted by NHS Lincolnshire. This is because we are of the opinion that this information is subject to the exemptions offered by Section 36 (2)(b) and (c) of the Freedom of Information Act 2000. We have consulted our Chief Executive, as required when applying this exemption, who has expressed the opinion that, as the ‘qualified person’ identified in the FOIA, it is reasonable to apply this exemption. It is important that in order to support extensive discussion around significant issues, those responsible for the development of the policy in question must feel able to communicate in a free and frank manner without any prejudice which might occur should ideas and opinions, which might subsequently be discarded, be put into the public domain.
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It is important that NHS East Midlands is able to take its full part in those discussions and also that the relationship between the Strategic Health Authority (SHA) and other stakeholders is maintained. As you know, the SHA delivers Government Policy to the wider community in the East Midlands. Discussions about how the very best care may be achieved for our community must, initially at least, , take place in an atmosphere which allows a free and frank exchange of views and allows those involved to seek and receive the very best advice and guidance which is available. Disclosure of the information in question would ultimately prejudice the effective conduct of public affairs in that it would be likely to adversely affect the relationship between the SHA, its constituent organisations and other stakeholders.
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S.36 is a qualified exemption in which an assessment of the public interest test has to be made by us before final decisions can be taken in relation to the protection or disclosure of the information. Whilst there is a public interest in promoting accountability and transparency by public authorities for decisions taken by them, NHS East Midlands considers that the greater public interest is in allowing the appropriate discussions to take place in a free and frank manner between relevant stakeholders. It is important that in order to achieve appropriate discussion around significant issues, those concerned feel able and comfortable to communicate freely. We feel that disclosing this information would inhibit frankness and candour in debate and decision making on this issue to the detriment of the whole community in the East Midlands.
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We are also of the opinion that disclosing the information that we hold would also prejudice the extent to which constituent organisations and stakeholders share discussion papers with the SHA in the future and individuals and organisations involved in subsequent discussions about matters of comparable significance might feel less able to speak freely and frankly if they felt that their comments would, or would be likely to, enter the public domain.
For these reasons we are of the opinion that the balance of the public interest test lies with the engagement of the exemption and protection of the information.
It is also the case that we have removed the names of some of the members of staff that were included in the documentation under section 40(2) of the FOIA. This exemption concerns personal data about another individual members of staff whose disclosure would breach the principles of the Data Protection Act 1998.
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
