Request
Please can I have
a copy of the SHA investigations into the serious untoward
incidents involving controlled drugs in the NHS Leicestershire
County and Rutland primary care trust area. Please regard this as a
formal request under the Freedom of Information Act.
*********************************************************
Our Response
I refer to your
email requesting a copy of NHS East Midlands report into the
serious untoward incidents involving controlled drugs in the NHS
Leicestershire County and Rutland Primary Care Trust
area.
I can confirm in
accordance with S.1 (1) of the Freedom of Information Act 2000 that
we do hold the information that you have requested which I have
included in the attached pdf.
Please note that
I have made a number of redactions under Section 40(2)(a) and (b)
of the Freedom of Information Act 2000 to the report to
ensure that the personal data of some of the individuals concerned
is not unfairly or unlawfully processed and to avoid breaching the
Data Protection Act 1998. S.40 is an absolute exemption and we are
not therefore required to consider the public interest test when
engaging the exemption. The redactions I have made do not
have any bearing on the information contained within the
report.
I have also
engaged Section 43 of the Act to protect the commercial interests
of a specific local business that could also be identified from the
report. As I am sure you will appreciate, any widespread
publicity, particularly if it is adverse and en passant, could
significantly prejudice that particular business which was not in
any way central to the investigation. I therefore feel
that in order to ensure that the business does not suffer any
unwarranted prejudice we should protect this information from
disclosure to limit any damage to the business reputation and loss
of confidence that existing customers, suppliers or investors may
have in it. S.43 is an
exemption which requires us to consider whether there is a wider
public interest in disclosure than in protecting the information.
On this occasion, since the business concerned was not central to
the issues considered by the report, there can be little or no
public interest in disclosure while there is a general interest in
ensuring that organisations such as pharmacies which are part of
and essential to the wider health of the community are not
adversely affected by inappropriate disclosure. I therefore
consider that the balance of the public interest in disclosure is
outweighed by that of protecting this information.
I do hope that
this information is of use to you. If you are dissatisfied
with the way in which we have dealt with your request you can ask
us to review our decision in this case by writing to:-
Mr Kevin
Orford
Deputy Chief
Executive and Director of Finance
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
(NB – please contact the SHA if you
require sight of this document)
