Request
To whom it may concern,
This is a request under the Freedom of Information Act.
I would like to see copies of any documents currently held by the strategic health authority detailing the QIPP savings plans and/or other savings plans (e.g. financial recovery plans) for 2011/12 of the primary care trusts in your region. These may include, but not be limited to, documents that have been submitted to the SHA for information or approval by those PCTs, which have been generated by the SHA or third parties on PCTs’ savings plans for the coming financial year, and documents which do not solely focus on those savings plans, but include information about them.
I would also like to see all correspondence between the SHA and the PCTs on their savings plans for the coming year, including emails.
This request relates to all relevant documents that you hold on PCT savings plans for 2011/12, whether the plans in question are provisional or final.
I would like to receive the information in electronic format to this email address. Please contact me as soon as possible if there is any ambiguity with this request, or any other problem which might prevent your providing this information within the statutory deadline.
Our Response
I refer to your email requesting information in respect of QIPP, other savings plans and related documents submitted to NHS East Midlands.
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 in respect of the QIPP plans 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 plans 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.
You have also requested various other documentation and correspondence which might have been submitted to NHS East Midlands for information or approval by local PCTs relating to savings plans, along with other documentation which does not focus solely on savings plans.
NHS East Midlands has considered your request and the information it holds. At present, the nature of the request is so wide that we have estimated complying with it would exceed the appropriate costs limit as laid out in section 12 of the FOIA. This limit is currently set at £450. We have estimated in order to determine whether the information is held, then to locate, retrieve and extract it, would take in excess of 18 hours. At the hourly rate of £25 per person per hour as set by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, this would exceed the costs limit. Therefore, we are unable to disclose information to you in this instance as this would place too high a burden on the resources of NHS East Midlands.
In accordance with our duty under section 16 FOIA to provide advice and assistance, we would like to make you aware that you may resubmit a narrowed down request for information which can be handled within the 18 hours fees limit. Please note however that whilst we would not look to discourage you from narrowing your request, it is possible that further exemptions may be applicable which would potentially prevent disclosure.
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
