Information for NHS and Health Service Authorities

What are the timescales for compliance with the FOI Act for the Health Service?

The duty to adopt a Publication Scheme comes into force first, with different public authorities being under an obligation to adopt a Publication Scheme in accordance with a set timetable.

Health Service Authorities must have submitted a Publication Scheme by 31 August 2003, with the scheme fully active from 31 October 2003.

Full compliance with the act must be met by 1st January 2005.

Exactly what information does the Freedom of Information Act cover?

The act creates a general right of access to all types of recorded information held by public authorities, subject only to certain prescribed conditions and exemptions set out in Part II of the Act (sections 21-44). A member of the public will have a statutory right to be told whether the authority holds information of the description specified in the request, and if so, to have that information disclosed.

Some information could be exempt under the 'cost of compliance' clause, or under the 'vexatious request' clause (for example, consider the possibility of a stationary supplier requesting to know how many envelopes have been used in the past 12 months).

Does the NHS have an implementation programme?

Taken from the NHS FOI site
Yes. Pilot sites have completed the implementation of their publication schemes and model publication schemes have been approved by the Information Commissioner. A number of months have now also been spent on the implementation of model publication schemes across all NHS organisations.

It has been recognised that the programme for implementation for independent practitioners will be distinctly different to that for acute trusts, ambulance trusts, mental health trusts, primary care trusts, strategic health authorities (workforce development confederations will be covered by the SHA for this purpose) and special health authorities.

Independent practitioners section, for:

• dental practices
• general practitioners
• optometrists and opticians
• pharmacists

All other organisations section, for:

• acute trusts
• ambulance trusts
• mental health trusts
• primary care trusts
• special health authorities
• strategic health authorities
• workforce development confederations

Health Authority Links

Department of Health
www.dh.gov.uk/en/Policyandguidance/FreedomOfInformation/index.htm

NHS Freedom of Information site
www.foi.nhs.uk

Important Notice
Some of the information in this section is extracted from the website of the Information Commissioner, which should be regarded as the most complete and up-to-date reference.