Request
Dear Chris Brady
thank you for your reply dated the 19th July. I wanted to clarify and request a review some answers in this reply.
a) In question 2 from your 19th July reply, the SHA states that since January 2009, £3892 was paid to Blue Horizon Associates.
My question asked for details from July 2006, I am unsure if this means there were no payments recorded previous to this, can you please review if there were any payments between July 2006 and Janaury 2009?
b) One other question was whether any other companies were asked for quotations for this work. Can you please review whether you have information to this question.
c) Another question was what the job title of the awarding person was.
Can you please review or confirm that the Head of Communications approved the requisition for this work?
d) A further question asked if the work was succesfully carried out. Can you please review whether you have information to this question.
e) I requested information in question 3) whether work Ms Burnett undertook at two NHS bodies listed as related parties and performance managed by the SHA had been approved by the SHA Chairman. Can you please review your answer and state if you hold any infomation relating to this?
I have some further FOI questions:
1) The Appointments Commission website gives the following description of an item to be completed by NHS Non-Executive applicants:
Declaration of interests
Do you have any business or personal interests that might be relevant to the work of the body for which you have applied and which could lead to a real or perceived conflict of interests were you to be appointed?
Declaration of interests [guidance]
All boards maintain a register of members' interests to avoid any danger of board members being influenced, or appearing to be influenced, by their private interests in the exercise of their public duties.
All board members are therefore expected to declare any personal or business interest that may influence, or may be perceived to influence, their judgement. This should include, as a minimum, personal direct and indirect financial interests, and should normally also include such interests of close family members.
Indirect financial interests arise from connections with bodies that have a direct financial interest, or from being a business partner of, or being employed by, a person with such an interest.
Please supply Ms Burnett's declaration on this item from the application form.
2) There is the following item for contracts awarded on the East Midlands SHA website:
For the Social Marketing & Communications Framework for NHS East Midlands & GOEM 27.04.2010
Which company was awarded this contract, and what was the value of the contract within bandings of £100,000 eg 0-£100k, £100k-£200k etc or other appropriate banding.
The Standards of Business Conduct of Staff in the NHS HSG (93) 5 document states:
Responsibility of NHS Staff
Outside employment
20. NHS employees are advised not to engage in outside employment which may conflict with their NHS work, or be detrimental to it. They are advised to tell their NHS employing authority they think they may be risking a conflict of interest in this area.
Was approval given by the Trust Board or Audit Committee or Chairman for Ms Burnett's company to bid for this SHA contract?
Does the SHA hold information or minutes about discussions on Hornbeam Associates bidding for this SHA contracts?
3) Please supply a copy of the minutes of The Education, Training and Development Subcommittee between April 2008 and December 2009.
Consider redactions if necessary.
4) Please give details of a contract won by Mutual One Ltd during 2009, giving the value of the contract and the names of other companies quoting for this contract.
Our Response
I refer to your email seeking further clarification of our previous response to you dated 19 July 2010.
We have now completed a review of our previous response and I can confirm that we do hold some of the information that you have requested.
I will address each of your points in turn:
a) In question 2 from your 19th July reply, the SHA states that since January 2009, £3892 was paid to Blue Horizon Associates. My question asked for details from July 2006, I am unsure if this means there were no payments recorded previous to this, can you please review if there were any payments between July 2006 and January 2009?
b) One other question was whether any other companies were asked for quotations for this work. Can you please review whether you have information to this question.
c) Another question was what the job title of the awarding person was. Can you please review or confirm that the Head of Communications approved the requisition for this work?
d) A further question asked if the work was successfully carried out. Can you please review whether you have information to this question.
e) I requested information in question 3) whether work Ms Burnett undertook at two NHS bodies listed as related parties and performance managed by the SHA had been approved by the SHA Chairman. Can you please review your answer and state if you hold any information relating to this?
If you remain dissatisfied by the response we have provided in respect of your review 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
I have some further FOI questions:
1) The Appointments Commission website gives the following description of an item to be completed by NHS Non-Executive applicants:
Declaration of interests
Do you have any business or personal interests that might be relevant to the work of the body for which you have applied and which could lead to a real or perceived conflict of interests were you to be appointed?
Declaration of interests [guidance]
All boards maintain a register of members' interests to avoid any danger of board members being influenced, or appearing to be influenced, by their private interests in the exercise of their public duties.
All board members are therefore expected to declare any personal or business interest that may influence, or may be perceived to influence, their judgement. This should include, as a minimum, personal direct and indirect financial interests, and should normally also include such interests of close family members.
Indirect financial interests arise from connections with bodies that have a direct financial interest, or from being a business partner of, or being employed by, a person with such an interest.
Please supply Ms Burnett's declaration on this item from the application form.
2) There is the following item for contracts awarded on the East Midlands SHA website:
For the Social Marketing & Communications Framework for NHS East Midlands & GOEM 27.04.2010. Which company was awarded this contract, and what was the value of the contract within bandings of £100,000 eg 0-£100k, £100k-£200k etc or other appropriate banding.
The Standards of Business Conduct of Staff in the NHS HSG (93) 5 document states: Responsibility of NHS Staff Outside employment
20. NHS employees are advised not to engage in outside employment which may conflict with their NHS work, or be detrimental to it. They are advised to tell their NHS employing authority they think they may be risking a conflict of interest in this area.
Was approval given by the Trust Board or Audit Committee or Chairman for Ms Burnett's company to bid for this SHA contract?
Does the SHA hold information or minutes about discussions on Hornbeam Associates bidding for this SHA contracts?
3) Please supply a copy of the minutes of The Education, Training and Development Subcommittee between April 2008 and December 2009. Consider redactions if necessary.
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Please see the attached pdf attachments. You will note that we have redacted some information contained therein. We are of the opinion that this information is subject to the exemptions offered by Section 36 (2)(b) and (c) of the Freedom of Information Act 2000. We have consulted our Chief Executive, as required when applying this exemption, who has expressed the opinion that, as the ‘qualified person’ identified in the FOIA, it is reasonable to apply this exemption.
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It is important that in order to support extensive discussion around significant issues, those responsible for the development of this work must feel able to communicate in a free and frank manner without any prejudice which might occur should ideas and opinions, which might subsequently be discarded, be put into the public domain. It is important that in order to achieve appropriate discussion around significant issues, those concerned feel able and comfortable to communicate freely. We feel that disclosing this information would inhibit frankness and candour in debate and decision making on this issue to the detriment of NHS East Midlands. For these reasons we are of the opinion that the balance of the public interest test lies with the engagement of the exemption and protection of the information.
4) Please give details of a contract won by Mutual One Ltd during 2009, giving the value of the contract and the names of other companies quoting for this contract.
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The Mutual One contract was for a review of the NHS Internal Audit Consortium arrangements operating across East Midlands.
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The review was undertaken by Mutual One who have experience of operating an internal audit consortia and its evolution to ensure it continues to meet the requisite standards and expectations of its clients.
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The value of the contract was £27,500 and no other companies quoted for this work.
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 me at:-
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 as per the address we have already provided above.
Regards
Moosa Patel
Director of Corporate Affairs
NHS East Midlands
