Request
Please disclose the following information under the FOI Act:
This is a request for information relating to planning and projections about how the workforce will change between now and 2014 including, in particular, changes to the numbers of managers, admin staff, doctors, dentists and nurses in secondary and primary care within the SHA.
I would like to receive any such information which is found within:
- correspondence between the SHA and the Department of Health; or
- correspondence between the SHA and the office of David Nicholson.
In terms of correspondence this should include, but is not limited to letters, emails, faxes, memos, records of discussions and minutes of meetings.
Please search for this information from June 2009.
Our Response
I refer to your email requesting information in respect of planning and projections relating to staff changes between now and 2014. In particular, you ask for changes to the numbers of managers, admin staff, doctors, dentists and nurses in secondary and primary care and correspondence between the Strategic Health Authority, the Department of Health and Sir David Nicholson’s office including letters, emails, faxes, memos and minutes of meetings.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do hold some information relevant to your request. However, we are of the opinion that this information is subject to the exemptions offered by Sections 22 and 36 (2)(b) and (c) of the FOIA. 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.
Section 22 – Workforce Plans
We consider that your request for information relating to our workforce and planning projections is exempt from disclosure under Section 22 of the FOIA as this information will be put into the public domain later this year. Section 22 allows the Department to refuse to release information that is intended for future publication, subject to consideration of public interest.
We recognise that there is a public interest in providing this information to you in order to be helpful, and to promote accountability and transparency. However, in this case, there are strong arguments to support the use of the future publication exemption on the basis that the best use of public resources would be directed to ensuring that the information in question is accurate, up to date and in a consistent and comprehensive format.
Section 36 – Workforce Plans and related correspondence
Whilst we do accept that there is a public interest in disclosure, we do feel that what comes first is getting this planning correct without the inhibition of disclosure, and the opportunity to tell staff what the plans are. The final shape and extent of the information that you have requested is still far from clear and the plans are still very much at development stages. It is important that in order to support extensive discussion around such far reaching and significant issues, those responsible for the development of the plans 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 prematurely.
Section 36 is a qualified exemption in which an assessment of the public interest test has to be made by us before final decisions can be taken in relation to the protection or disclosure of the information you have requested. NHS East Midlands considers that the greater public interest is in allowing the appropriate discussions to take place in a free and frank manner between relevant stakeholders. 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 the whole community in the East Midlands.
Until the necessary discussion, planning and staff consultation around these issues has taken place, we feel that the information should be protected and that the balance of the public interest in this issue at this moment, does not fall in favour of disclosure at this point in time.
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
