A Journey to Transparency: My Successful FOIA Request to Countess of Chester Hospital NHS Foundation Trust
Navigating the labyrinthine corridors of public authority disclosures can often feel like an arduous journey, fraught with delays and obstacles. Yet, perseverance and a steadfast belief in the principles of transparency and accountability can yield significant results. This is a chronicle of my determined quest to obtain vital information from the Countess of Chester Hospital NHS Foundation Trust, leveraging the Freedom of Information Act 2000 (FOIA 2000) and the eventual intervention of the Information Commissioner's Office (ICO).
The Initial Request
On 19th August 2023, I submitted a Freedom of Information request to the Countess of Chester Hospital NHS Foundation Trust. My request was precise and aimed at uncovering critical information regarding child safeguarding policies, procedures, and referral records between January 2015 and December 2018. Specifically, I sought:
Policies, procedures, guidelines, or related documents on Child Safeguarding in effect during the specified period.
Records of the number of safeguarding referrals made concerning staff of the neonatal unit.
Confirmation of the number of referrals made to the Disclosure and Barring Service (DBS) regarding staff posing a threat to children, in accordance with the Safeguarding Vulnerable Groups Act 2006.
The Delayed Response
The response from the Trust, received on 8th September 2023, acknowledged the request but warned of potential delays and exemptions under FOIA. Despite the statutory requirement to respond within 20 working days, no substantial information was forthcoming by the deadline.
Growing concerned, I sent a follow-up on 19th September 2023, emphasising the Trust's obligation under FOIA to provide a timely response. Unfortunately, it was not until 25th October 2023 that I received a partial response, which was unsatisfactory and invoked exemptions that seemed misapplied.
The Internal Review
Unsatisfied with the response, I requested an internal review on 29th October 2023. I challenged the timeliness of the response, the inappropriate use of exemptions related to personal data (Section 40), ongoing criminal processes, and documents held for court inquiries (Section 32). I underscored the public interest in understanding the Trust's safeguarding practices, referencing statutory obligations under the Children Act 1989 and subsequent legislation.
Escalation to the Information Commissioner
Following an inadequate response to my internal review request, I escalated the matter to the ICO on 28th December 2023. The ICO's involvement marked a pivotal moment in my quest for transparency. On 15th January 2024, the ICO confirmed the eligibility of my complaint for investigation.
The investigation progressed, with the ICO assigning a case officer on 22nd January 2024. I provided additional arguments, emphasising the public interest and the principles of subject-blindness and the right to know under FOIA 2000.
The Final Victory
On 5th February 2024, after months of persistence and thorough advocacy, I received the full disclosure from the Trust. The documents, detailing the Trust's child safeguarding policies and procedures, were finally accessible. The successful outcome underscored the importance of the ICO's role in enforcing FOIA compliance and ensuring public authorities uphold their statutory duties.
Reflections on the Journey
This experience highlighted several critical aspects of navigating FOIA requests:
Persistence is Key: The journey from the initial request to final disclosure required unwavering determination and continuous follow-up.
Understanding Legislation: Familiarity with FOIA 2000 and related legislation such as the Children Act 1989 was crucial in formulating compelling arguments for disclosure.
Role of the ICO: The intervention of the ICO was instrumental in achieving a satisfactory resolution, demonstrating the importance of this regulatory body in safeguarding public access to information.
Public Interest: Emphasising the public interest and the broader implications of the requested information can strengthen the case for disclosure.
My journey to secure vital information from the Countess of Chester Hospital NHS Foundation Trust was challenging but ultimately rewarding. It reaffirmed the importance of transparency and accountability in public institutions, particularly concerning child safeguarding. This successful outcome serves as an encouraging testament to the power of determination, legal knowledge, and regulatory support in holding public authorities to account.
