Freedom of Information (FOI)

The Freedom of Information (FOI) Act 2000 provides the general public (anyone, anywhere in the world) with a right of access to all types of recorded information held by public authorities, which includes NHS organisations, and the right to receive it subject to certain conditions and exemptions (for example it excludes personal information about individuals and environmental information).

The Act does not give people access to their own personal data (information about themselves), such as their health or employment records, or personal data about others.

The Act places two main obligations on public authorities:

• Publish certain information proactively through the adoption and maintenance of a Publication Scheme which sets out details of information that is routinely made available, how and where the information can be obtained and whether there is any charge for it.
• Respond to requests for information where by the public authority must inform the applicant in writing whether it holds the information requested and if so, and not exempt from disclosure, communicate that information to the applicant promptly but not later than 20 working days after receipt of the request.

The Act aims to make public authorities more transparent, open and accountable. It also aims to help people understand better how public authorities carry out their duties, why they make the decisions they do and how they spend public money.

If the information required cannot be located on our website or within our Publication Scheme, you may submit a request for information under the Freedom of Information Act. Under the Act, for a request to be valid it must:

• Be made in writing - either by email, letter or via our website
• Include your real name (the Trust does not have to respond to requests made under a pseudonym)
• Include your address for correspondence – either an email address or postal address
• Describe the information you want (clearly identify what you want, being as specific as possible, in order for us to answer your request)
• Outline any preferences for the format in which you wish to receive the information (e.g. electronic or hard copy – we will try as far as possible to provide the information in the format you want, but this may not always be possible, in which case we will contact you and explain why not)

Individuals wishing to submit a request for information should use one of the following methods:

By email: FOI@merseycare.nhs.uk

By post:         

Information Governance Team (Freedom of Information)
Hollins Park House
Hollins Lane
Winwick
Warrington
WA2 8WA

We have a legal obligation to reply to your FOI request within 20 working days of receiving it (although there are limited circumstances in which this can be extended).

Under the Act, we must inform you whether we hold the information requested and, if so, provide you with the information unless it is exempt from disclosure and an appropriate exemption applies.

Wherever possible, we will supply you with the information you requested but there are some circumstances where we may not be able to do so.

There may be occasions when we may refuse all or part of a request and decide not to disclose the requested information, for example if:

• We do not actually hold the information.
• One or more of exemptions apply. There are 23 specific exemptions that allow us to withhold information.
• The cost of complying with the request exceeds the appropriate limit of 18 hours (Section 12 exemption).
• The request is vexatious or repeated (Section 14 exemption).

Under the Act, we have to routinely publish information whenever possible within our Publication Scheme. This is based on the Model Publication Scheme and a Definition Document for NHS Organisations developed by the Information Commissioner’s Office (ICO) for adoption that outline the minimum expectations for disclosure.

The majority of information we make routinely available can be accessed through our website, by using the search facility.. Such information is continually updated. If you cannot find information on our website, please contact the Information Governance Team (Freedom of Information).