Freedom of Information

Hampshire and Isle of Wight Healthcare is committed to supporting the national Covid enquiry and the NHS’s position of being open and transparent with the public. As a result of this we will be publishing a list of information / documents shared with the National Enquiry monthly. We also intend to publish all documents shared with the enquiry, post the conclusion of the enquiry. With this in mind, although the Trust will consider all Freedom of Information Requests on a request-by-request basis, exemptions may be applied to such requests, including for; 

• S12 – The cost of compliance exceeds the “appropriate limit”
• S21 – The information is accessible by other means – a link to where this information can be obtained will be included
• S22 – The information is held with a view to publication at a future date – the intended time period will be made available
• S40(1) Information which constitutes personal data of the applicant
• S40(2) Information which constitutes personal data of any person other than the applicant, where disclosure would not be permitted under the Data Protection Act
• S41 Information obtained from another person and disclosure would constitute an actionable breach of confidentiality
• S42 Information covered by legal professional privilege (i.e. legal advice)

If any of the above exemptions are applied, you will be provided with an explanation as to why this exemption has been applied. However, Hampshire and Isle of Wight Healthcare NHS Trust will aim to respond to Freedom Information Requests, where possible and will continue to publish our responses to the public, via our Freedom of Information page.

The Freedom of Information Act (FOIA 2000) gives members of the public the right to ask for information that is held by public sector organisations such as local councils and the NHS. 

A request must be made in writing (e-mail is acceptable) and it must state the name of the applicant and an address for correspondence. The request must also describe the information requested. Requests can be submitted to freedomofinformation@solent.nhs.uk or via post to:

Head of Information Governance
Hampshire and Isle of Wight Healthcare NHS Foundation Trust
Highpoint Venue
Bursledon Road
Southampton
SO19 8BR

Alternatively, if you would like assistance in making a request, please contact 0300 123 3919 and leave a message and one of the Freedom of Information team will get back to you and support you in making your request.

If you'd like any guidance, please contact the team.

The FOIA requires public authorities to comply with requests for information within 20 working days following receipt of the request.

Where a public authority is considering the application of an exemption that is subject to a public interest test, the FOIA requires the authority to reach its decision "within such time as is reasonable in the circumstances."

Information that is recorded, i.e. written down or stored electronically. You also have a right to access information that may be held by a third party on behalf of the public authority.

If we decide not to disclose the information that has been requested, you are entitled to know why. We must give notice the information is available but is not being disclosed and must specify the relevant exemption(s) being relied upon. The Trust will also explain why exemptions apply in that particular case.

Internal reviews

If you make a request under the FOI Act and you are not satisfied with our response, you are entitled to an internal review where we have made a decision under Part 1 of the Act.

For example, an internal reviewer might review the Trust's decision to withhold information under a particular exemption.  

If you have made a request and believe you are entitled to an internal review, please either email or write to us at the address below:

Director of Information Governance & Cyber Security Assurance (DPO)
Hampshire and Isle of Wight Healthcare NHS Foundation Trust
Highpoint Venue
Bursledon Road
Southampton
SO19 8BR 

Please include:

• Your name
• Address
• Unique reference number that would have been included with all previous correspondence from the Trust.
• An explanation of what you would like us to review from our original response.

We aim to handle most internal reviews within 20 working days. However, if the review involves complex issues that require further investigation and additional consideration of the public interest test, we aim to handle these within 30 working days.

Complain to the Information Commissioner's Office (ICO)

If your review is not resolved to your complete satisfaction, you have the right to apply to the Information Commissioner for a decision. The Information Commissioner's Office can be contacted by a letter setting out your concerns, our reference for your request, and information about the Internal Review undertaken, addressed to:  Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

The Re-Use of Public Sector Information (RoPSI) regulations govern the re-use of information created and used by Public Authorities in the UK as part of fulfilling their public task. Re-using the information means to use it for a purpose other than the initial public task it was produced for.

Access to the corporate information of Public Authorities is provided under Freedom of Information legislation. The RoPSI regulations do not change the provisions for accessing our information but provide the public and the private sector with a framework to re-use this information once it has been disclosed.

The RoPSI regulations are about encouraging the re-use of public sector information and governing how it is made available.

Further guidance on the RoPSI regulations has been created by the ICO and the National Archives:

• National Archives guidance
• ICO guidance

Public sector information is information which we produce as part of our public task. Our public task is our core roles and functions as defined by legislation and regulations. Information on our public task, such as the services we provide and our key functions, can be found in the About us section of our website.

Information which is not within the scope of our public task is not covered by RoPSI regulations.

Information is not covered by RoPSI regulations if it would be exempt from disclosure under information access legislation like the Freedom of Information Act or the Data Protection Act.

If you would like to make a request for re-use under the RoPSI regulations you need to contact us in writing (preferably by email), include your name and address for correspondence, specify the information you want to re-use, and specify the purpose you intend to use it for.

You can contact us by email or by post (address can be found at the bottom of this page). 

Please note that where Hampshire and Isle of Wight Healthcare permits re-use of information under the Re-Use of Public Sector Information Regulations 2015 it is licensed under the Open Government Licence.

Hampshire and Isle of Wight Healthcare will, as a matter of routine, not charge for the re-use of information beyond reasonable disbursement costs (printing, postage, etc.) as per our Freedom of Information process.

Please note that Hampshire and Isle of Wight Healthcare reserves the right to charge for re-use (such as where a small return on investment is reasonable) and to licence more restrictively where appropriate.

If our standard practice of allowing free-of-charge, Open Government Licence governed re-use will not apply to an application for re-use, this will be discussed with and communicated to the applicant as soon as it becomes apparent.

Internal complaints process

If you are dissatisfied with the response you have received to your request for re-use, or the conditions applied, you can make a formal complaint.

Please ensure that you submit any complaints in writing, state the nature of the complaint in detail, and explain what you hope the outcome of your complaint will be. Please ensure you send these to the address below within 60 days of the date of our response to your request. We regret that we will not respond to any complaints outside of the 60 day period.

Head of Information Governance
Hampshire and Isle of Wight Healthcare NHS Foundation Trust
Highpoint Venue
Bursledon Road
Southampton
SO19 8BR 

Your complaint will be reviewed and a response sent to you within 20 working days of submission.

Complain to the Information Commissioner’s Office (ICO)

If your complaint is not resolved to your complete satisfaction, you have the right to appeal to the Information Commissioner for a decision. The Information Commissioner’s Office can be contacted by way of letter addressed to: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF