Version 3.0
Date published: December 2017
Coleridge Medical Centre
FREEDOM OF INFORMATION POLICY
The following policy sets out a possible approach to the Freedom of Information (FOI) Act 2000 by a practice.
Introduction
The Freedom of Information (FOI) Act was passed in 2000 and replaces the Open Government Code of Practice that has been in place since 1994. The Act gives the public a general right of access to all types of recorded information held by public authorities. The Act came into full effect on the 1st January 2005.
The Act places a statutory obligation on all public bodies to publish details of all recorded information that they hold and to allow, with a few exceptions, the general public to have access to this information on request.
The practice recognises the importance of the Act and it will ensure that appropriate systems are put in place to publicise what recorded information is kept by the practice and how this information can be accessed on request by the general public.
1.0The FOI Act
The main features of the Act are:
- a general right of access to information held by public authorities
- exemptions from the duty to provide information
- a requirement on public authorities to exercise discretion; they may have to disclose information even when exempt under the Act (the ‘public interest test’)
- arrangements in respect of costs and fees
- a duty on public authorities to adopt publication schemes
- arrangements for enforcement and appeal
- a duty to provide advice and assistance to people who wish to make, or have made requests for information
- Codes of Practice
The UK legislation is wholly retrospective and applies to all information held by public authorities regardless of its date.
The Act is overseen by the Information Commissioner who will have the power to issue enforcement notices and, if needs be, initiate court proceedings to ensure compliance.
The practice recognises its corporate responsibility under the Act to provide the general right of access to information held. The overall responsibility for this policy is with the Partners.
2.0 Employee Responsibilities
All employees will, through appropriate training and responsible management:
- observe all forms of guidance, codes of practice and procedures about the storage, closure, retention and disposal of documents and records
- be aware that ultimately the general public may have access to any piece of information held within the practice and must pay due regard to how they record information as part of their normal duties
- on receipt of an information request immediately notify the IG/FOI lead
- provide information promptly when requested from the IG/FOI lead
- understand that breaches of this Policy may result in disciplinary action, including dismissal
3.0 Organisation Responsibilities
The practice will:
- Comply with the FOI Act and sees it as an opportunity to enhance public trust and confidence in the practice
- Ensure that there is always a person with overall responsibility for FOI. Currently this person is the Senior Partner.
- Maintain a comprehensive 'Publication Scheme' that provides information which is readily accessible without the need for a formal FOI Act request.
- Seek to satisfy all FOI Act requests promptly and within 20 working days. However, if necessary we will extend this timescale to give full consideration to a public interest test. If we do not expect to meet the deadline, we will inform the requester as soon as possible of the reasons for the delay and when we expect to have made a decision
- Continue to protect the personal data entrusted to us, by disclosing it only in accordance with the Data Protection Act 1998
- Provide advice and assistance to requesters to facilitate their use of FOI Act. We will publish our procedures and assist requesters to clarify their requests so that they can obtain the information that they require.
- Work with the Clinical Commissioning Group, NHS England, the local Area Team and other bodies with whom we work to ensure that we can meet our FOI Act obligations, including the disclosure of any information that they hold on our behalf.
- Apply the exemptions provided in the FOI Act and, where qualified exemptions exist, the practice will disclose the information unless the balance of public interest lies in withholding it.
- Consult with third parties before disclosing information that could affect their rights and interests. However, according to the FOI Act, the practice must take the final decision on disclosure
- Charge for information requests in line with the FOI Act fees regulations or other applicable regulations, including the Data Protection Act 1998
- Record all FOI Act requests and our responses and will monitor our performance in handling requests and complaints
- Ensure that all staff are aware of their obligations under FOI Act and will include FOI Act education in the induction of all new staff
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Version 3.0
Date published: December 2017
Information available from Coleridge Medical Centreunder the Freedom of Information Act model publication scheme
Introduction
The Freedom of Information Act gives the general right of access to all types of recorded information held by the practice. The intention of the act is to encourage a spirit of openness and transparency in the NHS and the whole public sector. Our organisation aims to fully support this.
The public have had full access rights from January 2005. This means that far more information is routinely and freely made available. This is subject to some exemptions which are outlined below.
Any individual or organisation can make a request for information. The applicant does not have to explain why this information is requested. The Act gives the right to:
Be told if information exists
Receive information (ideally in the format requested or the applicant may ask to inspect a record)
The Publication Scheme
The practice has adopted the publication scheme for general practice. It is a guide to the information routinely published and gives indication of information intended to be published. The publication scheme describes the form in which the information is published and any fees that will be charged. A request can be made from information listed in this publication scheme.
Responding to Requests
The publication scheme can be accessed via the Practice Manager. A request will be responded to within 20 working days. A fee can be charged when dealing with a request. This will be calculated in accordance with the Act. If a fee is required for information requested, the 20 day timescale can be extended to up to three months.
The Secretary of State has set limits to charges, should the request for information exceed these charges this practice does not have to action the request. There may be a charge for information not covered by the Act or for large amounts of information that might not otherwise be disclosed due to the cost.
The practice is not obliged to comply with vexatious requests or repeated or substantially similar requests from the same person or organisation other than at reasonable intervals.
Exemptions
There is a range of exemptions covering personal data, security, formulation of government policy, commercial and individual confidentiality. A further absolute exemption is where information is accessible by other means or if the information has been provided in confidence. Other exemptions include information relating to commercial interests and audit functions.
Requests
Requests must be in writing (email and fax are also acceptable) and must include the name and address for the correspondence and a clear description of the information requested. Requests for information should be made to The Practice Manager, Coleridge Medical Centre, Canaan Way, Ottery St Mary, Devon. EX11 1EQ.
Information covered by this scheme is only about the primary, general or personal medical services we provide under contract to the National Health Service.
Information to be published / How the information can be obtained(eg hard copy, website)
Class1 - Who we are and what we do
Main site
Coleridge Medical Centre
Canaan Way
Ottery St Mary
Devon EX11 1EQ
Branch sites:
Sandfords Surgery
Church Road
Whimple
Devon EX5 2TS
The Surgery
Roberts Way
Newton Poppleford
Devon EX10 0SP / Practice leaflet
Doctors in the practice
Dr C J Dilley
Dr S Kerr
Dr K Gurney
Dr N de Sousa
Dr E Stuart
Dr J Nelson
Dr S Caswell
Dr S Fletcher
Dr A Jones
Dr A Werhun
Dr L Knight / Practice leaflet
Contact details for the practice
Tel: 01404 814447
Fax: 01404 816716
Email:
Web: / Practice leaflet
Opening hours
Monday to Friday 0800 to 1830
Closed on Saturday, Sunday and bank holidays
Out of hours is provided by Devon Doctors between the hours of 1800 to 0800 weekdays, and over weekend and bank holidays / Practice leaflet
Other staffing details / Practice leaflet
Class 2 – What we spend and how we spend it
We receive fees from NHS England, NEW Devon CCG and Public Health England to provide services to our local population. From these fees the practice has to meet the costs of running the practice. This includes the following main expenses:
- Paying doctors and nurses
- Running costs and maintenance of the premises and equipment
- Administrative costs including pay
- Communications support, maintenance and running costs
- Infrastructure investment such as clinical equipment and buildings
Total cost to the NHS of our contracted services. / Available on application
Audit of NHS income / None
Class 3 – What our priorities are and how we are doing
(Strategies and plans, performance indicators, audits, inspections and reviews)
Statement of purpose:
We aim to provide a high quality, caring, safe and friendly atmosphere within which we help members of our community achieve and attain optimum levels of health.
We aim to integrate with multiple partners from other clinical disciplines to create a most supportive environment for our patients accessing the best of local health and social care facilities.
We aim to provide a supportive, harmonious working and social relationship within the practice team and we recognise the opportunities and job satisfaction that its members have each gained and will gain from their continuing commitment and ongoing development through training and development opportunities
We aim to linking actively with other local GP practices, working alongside our patient participation group and our local voluntary sector.
We will aim to adapt to new opportunities for primary care and wherever possible to meet the health needs of our patients within our competence.
We recognise the larger GP practice as the future potential and sustainable cornerstone of market town healthcare provision in Devon and we aim to position ourselves to actively lead and be part of the delivery of local health and wellbeing to those people who are registered with us.
Our intention is to offer patients the very best modern medical care in our purpose built premises whilst maintaining a compassionate family doctor touch that should continue to be a strong foundation of modern General Practice. /
Achievement of Quality and Outcomes framework can be found on the NHS information centre web site /
CQC Inspection rating and report can be found on the CQC web site /
Achievement in national patient survey can be found on the NHS survey web site /
Class 4 – How we make decisions
(Decision making processes and records of decisions) / Partnership business meetings
Executive sub group meetings
Staff & team meetings
Patient group meetings
Records of decisions made in the practice affecting the provision of NHS services / Minutes of meetings. News is shared with patient group and via newsletter, web site and social media
Class 5 – Our policies and procedures
(Current written protocols, policies and procedures for delivering our services and responsibilities)
Policies and procedures about the employment of staff / Available on application
Internal instructions to staff and policies relating to the delivery of services / Available on application
Equality and diversity policy / Available on application
Health and safety policy / Available on application
Complaints procedures (including those covering requests for information and operating the publication scheme) / Practice leaflet
Waiting room
Records management policies (records retention, destruction and archive) / NHS Digital Retention of Records
Data protection policies /
Waiting room
Policies and procedures for handling requests for information /
Waiting room
Patients’ charter / Statement of purpose
Class 6 – Lists and Registers
Any publicly available register or list (if any are held this should be publicised; in most circumstances existing access provisions will suffice) / None
Class 7 – The services we offer
(Information about the services we offer, including leaflets, guidance and newsletters produced for the public)
The services provided under contract to the NHS / Practice leaflet
Practice newsletter
Charges for any of these services / n/a
Information leaflets / Web site
Waiting room
Out of hours arrangements / Practice leaflet
Charges
Some information is available free of charge but there may be a nominal charge to cover costs if you require a hard copy of information. These charges will vary according to how the information is available. We require payment in advance.
You may download any publication that we post on the web site using your own computer. Charges for the internet service provider and personal printing costs would have to be met by you.
If you do not have access to the internet the Public Library has a service you can use. Printouts are available from the practice by writing to the Practice Manager and enclosing a stamped addressed envelope. A single print out from the website will attract a charge of £0.39 (incl VAT) per sheet.
Requests for multiple printouts or for archived copies of documents that are no longer accessible or available on the website will attract a charge for retrieval, photocopy and postage etc. We will let you know the cost and charges that will have to be paid in advance. We are not able to provide printouts of other organisations’ websites.
Leaflets and brochures about our practice are available at the reception desk are free of charge for single copies.
Glossy, laminated or other bound paper copies will be charged for. We will let you know the cost and charges that will have to be paid in advance.
Any cost incurred for postage will be charged for. You are requested to submit a stamped self addressed envelope with any request for hardcopies to be sent by post.
The charges will be reviewed regularly.
Any enquiries regarding information management in this practice should be referred to the Practice Manager.
Copyright
Material available through the publications scheme is subject to this Practice’s copy right unless otherwise indicated. Unless expressly indicated to the contrary it may be reproduced free of charge in any format or medium provided it is done so accurately in a manner that will not mislead. Where items are republished or copied to others you must identify the source and acknowledge copyright status. This permit does not extend to third party material accessed through the scheme.
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