Request

Dear Information Team, This is an information request relating to losses and special payments.

Please include the information for each of the following periods; 2018-19, 2019-20 and 2020-21:

• The total number of cases of losses in each year.

• The total cost of losses in each year.

• An itemisation of each loss including what it was for and how much it cost.

• The total number of special payments in each year.

• The total value of special payments in each year.

• An itemisation of each special payment including what it was for and how much it cost

Response

2019-20 and 2020-21

The information you requested is being withheld as it falls under the exemption in section 22(1) of the Freedom of Information Act. In applying this exemption we have balanced the public interest in withholding the information against the public interest in disclosing the information. The below web link sets out the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/22

Please see the below factors in favour of maintaining the exemption, and in favour disclosure of the information.

Factors for Disclosure

Public Accountability/transparency in relation to information on public funds.

Factors for withholding

• An audit by the National Audit Office is on-going, in relation to the financial information which will be included in our Annual Report and Accounts. Disclosure of the information prior to conclusion of those audits could prejudice those audits.

• This is work in progress and has not been completed, the incremental advantage to releasing this information now (rather than upon the planned publication date) is outweighed by the fact that the plans have not been finalised and may be subject to significant change and therefore it is inappropriate to disclose at the present time.

• The information could be used to produce a news article which later proves to be an incorrect/inaccurate reflection of the final approved figures.

• Transparency will be achieved when the data is published in the annual reports

Based on the above, I consider that the advantage to releasing this information now (rather than upon the planned publication) is outweighed by the potential prejudice to the audit process, and the completeness and consistency of the data provided.

Although an exact date for publication of the annual reports has yet to be agreed, it is hoped that the reports containing the requested information will be published later this year. Please keep checking at the below web link for updates:

https://www.nhsbsa.nhs.uk/what-we-do/strategy-business-plan-and-annual-report

2018-19

Under Section 21 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. Total value of, and number of, losses and special payments are available in our annual report and accounts, published at the below web link:

https://www.nhsbsa.nhs.uk/sites/default/files/2020-01/NHSBSA%20Annual%20Report%202018-19%20%28V1%29%20Online%20-%2001.2020.pdf

Details of losses and special payments can be found in table 24, on page 77 of the report.

Itemisation of Losses

Please be aware that I have decided not to release an itemised list of each loss as this information relates to an identifiable individual customer. There this information falls under the exemption in Section 40 subsections 2 and 3(A)(a) of the Freedom of Information Act.

This is because it would breach the first data protection principle as: a) It is not fair to disclose these people’s personal details to the world and is likely to cause damage or distress to our customers. b) These details are not of sufficient interest to the public to warrant an intrusion into the privacy of those customers.

Although the figures which will be published for 2019-20 and 2020-21 will not include the itemised list requested, the itemisation is being refused for the same reasons outlined above.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/40

Itemisation of Special Payments

Please note that for the same reasons outlined above, we are unable to disclose an itemised list of special payments. However, some figures in our itemised list of special payments are not unique to an individual.

Examples of figures of payments which were not unique are as follows:

£100 x 6 £250 x 43 £500 x 66 £1,000 x 13

All special payments were recorded against the category of “Ex-Gratia payment”.

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact nhsbsa.foirequests@nhs.net ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data please contact nhsbsa.communicationsteam@nhs.net. This is important to ensure that the figures are not misunderstood or misrepresented.