Request
I would like to make a request under the Freedom of Information Act.
I understand that NHS East Midlands has carried out board-to-board assurance processes with PCTs regarding their cluster plans, and that letters have been sent to PCTs, in the form of the one in the document below:
http://www.nnotts.nhs.uk/content/showcontent.aspx?contentid=16954
Please send me:
*Any other letters that have gone out to PCTs about this process
*Any internal documents, minutes or analyses linked to the cluster assurance process in the East Midlands
*Any letters that have been sent to the DH about the process
Our Response
I refer to your email requesting information in respect of the board-to-board assurance process NHS East Midlands has carried out with Primary Care Trusts (PCTs).
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do hold some of the information that you have requested.
I will address each of your queries in order:
Any other letters that have gone out to PCTs about this process
We are of the opinion that the information requested here is exempt under Section 22 of the FOIA. Section 22 relates to information which is intended for future publication and there are two qualifications that must be considered when a request for information is refused:
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It is reasonable in all the circumstances that the information should be withheld from disclosure until the future date of publication (section 22(1)(c))
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The public interest in maintaining the exemption outweighs the public interest in disclosure
Considerations in favour of disclosure
We consider that the factors in favour of the disclosure of the information in this case are as follows:
1. Greater transparency makes government more accountable to the electorate and increases trust
2. The topic in question is likely to be of general public interest
Considerations in favour of maintaining the exemption
1. The public interest in permitting public authorities to publish information in a manner and form and at a time of their own choosing is important. It is part of the effective conduct of public affairs that the general publication of information is a conveniently planned and managed activity within the reasonable control of public authorities. Where they have taken the decision in principle to publish, public authorities do have a reasonable entitlement to make their own arrangements to do so. It is the intention of PCT Clusters to publish these documents in Board papers, as the Nottinghamshire PCTs have already done, when all normal channels for review around this important area of work have been completed. It would be inappropriate for the SHA to publish them before they have been formally considered by the Boards concerned.
2. There are strong arguments to support the use of the future publication exemption relating to the documentation relevant to your question. In this case we feel that the best use of public resources would be directed to allowing individual PCT clusters to gather this and other relevant information together to ensure it is accurate andpublished in a suitably robust, consistent and comprehensive format.
On balance, we have determined that it is reasonable to withhold the information from disclosure until the future publication date and that the public interest in favour of maintaining the exemption outweighs the public interest in disclosure.
Any internal documents, minutes or analyses linked to the cluster assurance process in the East Midlands
We are of the view that the information concerned is exempt from disclosure at this time on the grounds of the engagement of Section 36 (2)(b) and (c) of the Freedom of Information Act 2000.
Information to which this section appliesis exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act:
(b) would, or would be likely to, inhibit—
(i) the free and frank provision of advice, or
(ii) the free and frank exchange of views for the purposes of deliberation, or
(c) would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.
NHS East Midlands has therefore considered the extent of prejudice which would or would be likely to be caused were this information to be put into the public domain and as Section 36 of the Freedom of Information Act 2000 is a qualified exemption we have considered not only whether the exemption applies in this case, but also whether this is overridden by the balance of the public interest test.
While 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 internally within NHS East Midlands and between NHS East Midlands and the relevant PCT Cluster Boards and other stakeholders in regard to the development of this policy. It is important that in order to achieve appropriate discussion around significant issues, relevant individuals feel able and comfortable to communicate in a free and frank manner. We feel that disclosing this information could inhibit frankness and candour in debate and decision making on this important issue.
Disclosing the information that we hold in its entirety could also therefore prejudice the extent to which the PCT Cluster Boards share discussion papers with SHAs in the future and individuals and organisations involved in subsequent discussions about matters of comparable significance could feel less able to speak freely and frankly if they felt that their comments would, or would be likely, to enter the public domain. This would therefore act against the public interest.
Releasing the information that we hold before the Government has confirmed the details of how this policy will be implemented could also confuse members of the public.
As required when applying this exemption we have consulted our Chief Executive who has expressed the opinion that, as the ‘qualified person’ identified in the Freedom of Information Act 2000, it is reasonable to apply this exemption.
Any letters that have been sent to the DH about the process
NHS East Midlands does not hold this information.We have not communicated with DH on this issue.
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
