Request
1. Since 1 January 2007, how many requests have been made by staff appointed to NHS posts within the East Midlands SHA to count previous service outside the NHS, and how many requests were approved? Please provide details of the periods of service deemed relevant
2. With regard to clause 1 of these requests (Since 1 January 2007, how many requests have been made by staff appointed to NHS posts within the East Midlands SHA to count previous service outside the NHS), did any requests include previous experience gained within the Deanery whilst an employee of either the University of Nottingham or Leicester. Please provide details of the number of requests, the number which were successful and the period of service deemed relevant
3. Please provide copies of communications (e mails, letters, notes) whether or not I was directly involved in any of the communications relating to my request for previous service to be considered reckonable since 22 June 2009 (your start date in post)
Our response
I refer to your letters requesting the following information:
1. Since 1 January 2007, how many requests have been made by staff appointed to NHS posts within the East Midlands SHA to count previous service outside the NHS, and how many requests were approved? Please provide details of the periods of service deemed relevant
2. With regard to clause 1 of these requests (Since 1 January 2007, how many requests have been made by staff appointed to NHS posts within the East Midlands SHA to count previous service outside the NHS), did any requests include previous experience gained within the Deanery whilst an employee of either the University of Nottingham or Leicester. Please provide details of the number of requests, the number which were successful and the period of service deemed relevant
3. Please provide copies of communications (e mails, letters, notes) whether or not I was directly involved in any of the communications relating to my request for previous service to be considered reckonable since 22 June 2009 (your start date in post)
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.
We wrote to acknowledge your letter on 16 July and to seek further clarification of the information that you require in particular whether you required information relating to all employees of NHS East Midlands or only employees of the East Midlands Healthcare Workforce Deanery (EMHWD). On 22 July you confirmed that you wanted the information in respect of both NHS East Midlands and the EMHWD.
I have considered your questions carefully and would advise you that whilst we do hold electronic staff records here on site at NHS East Midlands, the information that you have requested in terms of your three questions is not available to us electronically. Provision of all of this information would entail us initiating a manual search of each and every paper file and we have estimated that complying with your request would exceed the appropriate costs limit as laid out in section 12 of the FOIA. This limit is currently set at £450. We have estimated that in order to locate, retrieve and extract this information from in excess of 400 records would take in excess of 18 hours. At the hourly rate of £25 per person per hour as set by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, this would exceed the costs limit. Therefore, we are unable to disclose information to you in this instance as this would place too high a burden on the resources of NHS East Midlands.
In accordance with our duty under section 16 FOIA to provide advice and assistance, we would like to make you aware that you may resubmit a narrowed down request for information which can be handled within the 18 hours fees limit. Please note however that whilst we would not look to discourage you from narrowing your request, it is possible that further exemptions may be applicable which would potentially prevent disclosure.
I am however able to confirm that in terms of the EMHWD and the records held at the Deanery campus, there has been one other request for consideration of previous service and no requests which have received approval.
Your third question concerns personal data about yourself and is therefore exempt under S40 (1) of the FOIA. This is because a right of access to such information exists under Section 7, part ll of the DPA via the Subject Access provisions. Section 7 (3) sets out the requirements relating to the right of access to personal data by a data subject. You can find out more about making a Subject Access Request, by following the link below to our website:
http://www.eastmidlands.nhs.uk/about-us/access-to-information/data-protection/
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
