Request
List and detailed breakdown of Serious Untoward Incidents (SUIs) linked to swine flu since January 2009. Please include details of the SUI without naming the patient, including patient outcome, cause of SUI, full details of the incident, and date of incident.
Our Response
I refer to your email requesting information in respect of Serious Untoward Incidents linked to Swine Flu.
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.
I regret that we feel unable to give you details of the statistics that you have asked for as we are of the view that since such small numbers are involved and since these events are relatively recent, it is likely that it would be possible to identify individuals from the data thus breaching the Data Protection Act 1998. We are therefore of the view that we should engage S.40 in relation to the information you requested.
We are also of the opinion that this information is protected by S.38 of the Freedom of Information Act (FOIA) in that disclosure of information which might lead to the identification of those concerned and would likely cause harm and distress to the mental health of members of their families. This exemption is a public interest tested exemption and having considered the position very carefully we are of the view that the balance of the public interest falls in favour of protecting the data rather than disclosing it.
I can however confirm that although a very small number of incidents arose most were dealt with under the SHA Serious Incident Policy, the only exceptions being where the criteria for such investigations was not applicable.
I do hope that this information is of use to you. However, please note that if you are dissatisfied with the way in which we have dealt with your request you can write 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
