NHS Bath & North East Somerset

Working together for health & wellbeing

The Health and wellbeing partnership conprises NHS Bath and North east Somerset (NHS banes PCT) and Bath and North East Somerset (banes) Council working together in partnership.

Freedom of Information

Freedom of Information Logo The Freedom of Information Act reflects a national policy shift in public administration from a culture of confidentiality to one of openness. The underlying principle is that all information held by a public authority should be freely available except for a small number of tightly defined exempt items. The Act seeks to balance three rights:

The right to information
The right to confidentiality
The right to effective public administration.

The Act was passed on the 30 November 2000 and requires public authorities to adopt and maintain a Publication Scheme and to deal with requests for information. Access to personal identifiable information is still governed by the Data Protection Act 1998.

Any member of the public can request information from any public body.

For further information on our publication scheme or to make a request, please contact us using the contact details at the end of the page.

The Freedom of Information Act does not change the right of patients and other service users to protection of their confidentiality in accordance with Article 8 of the Human Rights Convention, the Data Protection Act and at common law. Maintaining the legal right to patient/service user confidentiality continues to be an important commitment on our part. To help with this, we have appointed someone who is called a Caldicott Guardian, and who has responsibility to ensure the protection of patient and service user confidentiality in accordance with your legal rights.

Background:

The Freedom of Information Act entitles members of the public to ask a public authority (including the NHS) in England, Wales and Northern Ireland for any recorded information they keep. It reflects a national policy shift in public administration from a culture of confidentiality to one of openness. The underlying principle is that all information held by a public authority should be freely available except for a small number of tightly defined items.

The Act is enforced by the Information Commissioner, a post that combines regulation of both the Freedom of Information Act and Data Protection Act.

Right of Access to Information:

The Freedom of Information Act recognises that as a member of the public, you have the right to know how public services such as the NHS are organised and run, how much they cost and how you can make complaints if you need to. You have the right to know which services are being provided, the targets that are being set, the standards of services that are expected and the results achieved.

In accordance with the legislative Act, NHS Bath & North East Somerset will respond to requests about the information which it holds and will provide a right of access to that information. The rights to request and access this information are subject to some exemptions which the Trust has to take into consideration before deciding what information can be released. You can learn more about the Freedom of Information Act and any exemptions to the disclosure of information via the Information Commissioner’s Office. The Information Commissioner’s Office is the UK’s independent authority set up to promote access to official and personal information. The Information Commissioner is responsible for regulating and enforcing the Freedom of Information Act.

Individuals Rights to Access Information Held

Individuals already have a right of access to information about themselves (personal data) which is held on computer and in some paper files under the Data Protection Act 1998.

In addition to the right to have a copy of any data held, it provides a right to have inaccurate data rectified, blocked, erased or destroyed.

In accordance with the requirements of the Data Protection Act, a small charge maybe applied for accessing personal information held.

If you have any questions about accessing personal records that may be held, please contact the Trust's Information Governance Manager at the address given below.

How To Obtain Information:

Our Publication Scheme has been designed to highlight information and publications that are currently available. With a few exceptions, these can be downloaded from our website. If the information you require is not published on the Trust's Publication Scheme, you should apply in writing to our Information Governance Manager who co-ordinates our Publication Scheme at the address given at the foot of the page.

When making a request for information, you are not required to mention the Freedom of Information Act or a reason for wanting the information. Your request will be acknowledged and you can expect to receive the requested records (if held) within 20 working days.

All requests for information must be made in writing (eg letter, fax, email).You must state clearly what information you are requesting and supply your name and address in order for us to respond.

We may ask you for further information, which we reasonably require in order to identify and locate the information that is requested.

Every effort is made to make information contained within this Publication Scheme is available to people with special or different needs. The Trust is committed to equal opportunities, equality and diversity. We do not discriminate against staff or patients/service users regardless of gender, race, sexuality, religion, faith, age, marital status or disability. Should you require a copy of any record on audio cassette, in Braille or in a different language, please liaise with our Patient Advice and Liaison Service at Trust Headquarters.

In some cases, information may be exempt from disclosure. If some of the information is of a personal and confidential nature, it will be excluded as will any other confidential material. Material relating to the health and safety of specific individuals, as to law enforcement or criminal or regulatory enforcement or audit issues under certain circumstances may also be excluded from publication. There may be circumstances where material cannot be released because the appropriate officer of the authority has taken the view that it may be prejudicial to the conduct of public affairs.

Should any of the above exemptions apply (and others not listed), then we will state the reason why the information cannot be released and the course of action to appeal if not satisfied. Where information is refused, this is in accordance with the ‘exemptions to disclosure’ as outlined within the Freedom of Information Act.

Schedule of Charges:

Depending on the nature of the request, a fee maybe payable. For the most part we will charge you only for hard copies or copying onto media (eg CD ROM). The charges will vary according to how information is made available. Charges are as follows:

Via the Trust’s web site. This is free of charge, although any charges for Internet Service Provider and personal printing costs would have to be met by the individual.

For those without internet access, a single print-out as on the website would be available free of charge by post from the Information Governance Manager at the address given above. Requests for multiple printouts or for archived copies of documents, which are no longer accessible or available on the web, may attract a charge for the retrieval, photocopying, postage, etc. Should this apply, we will let you know the cost and charges that will have to be paid in advance and how a charge is arrived at ie printing, copying and postage. As a guide, any hard copy records requested, may incur a charge of 5p per sheet. We will not provide printouts of other organisation's websites.

Leaflets and brochures are free of charge unless otherwise stated. There is a charge for ‘glossy’ or bound paper copies, or in some cases a CD Rom, video or other mediums.

Email will be free of charge unless it says otherwise.

The charges will be reviewed regularly and are in accordance with guidance published by the Department of Health.

The material available through this Publication Scheme is subject to the organisation’s copyright unless otherwise indicated. Unless expressly indicated on the material to the contrary, it may be reproduced free of charge in any format or medium, provided it is reproduced accurately and not used in a misleading manner. Where any of the copyright items in this Scheme are being republished or copied to others, you must identify the source of the material and acknowledge the copyright status. Permission to reproduce material does not extend to any material accessed through the Publication Scheme that is the copyright of third parties. You must obtain authorisation to reproduce such material from the copyright holders concerned. For HMSO Guidance Notes on a range of copyright issues, see the HMSO web site.

Re-use of Information:

Information routinely published by the Trust may be re-used by any individual or organisation. There is no charge for re-use of routinely published information, but in line with the ‘re-use of public sector information regulations (2005)’, we ask that if you do re-use any information that you quote the document title and acknowledge that it was published by the Trust and remains our copyright. If there is specific information you require that is not published, you may make a written request under the terms of the Freedom of Information Act 2000.

Feedback:

Any questions, comments, general enquiries about our Publication Scheme should be sent in writing to Information Governance Manager who is the Publication Scheme Co-ordinator at the address given below.

Contact Details

Contact:	Glyn Young, Information Governance Manager
Email:	foi@banes-pct.nhs.uk
Telephone:	01225 831763
Fax:	01225 840407
Address:	Corporate Affairs Department Trust Headquarters NHS Bath & North East Somerset St Martins Hospital Clara Cross Lane BATH BA2 5RP
Author:	Glyn Young
Author Email:
Modified:	16/02/2010 16:26