Request

Please could you provide me with the following information regarding the appeals procedures against Penalty Charge Notices (PCN):

A. Any guidance documents and training materials issued to staff in relation to addressing PCN appeals; for example, guidance on what constitutes successful vs. unsuccessful appeals

B. Guidance documents and training materials issued to staff giving information on the deadlines for appeals, as well as deadlines for your reply to appeals. Specifically, how long do you have to reply to an email sent to appeal a PCN received.

C. Any training information and training materials issued to staff who have responsibility of assessing and determining appeals to PCN notices.

Response

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority. Staff do not have access to guidance as described in your request. NHS Business Services Authority (NHSBSA) staff follow both the National Health Service Act 2006 and The National Health Service (Penalty Charge) Regulation 1999 for all aspects in delivering Loss Recovery Services. Copies of these acts/regulations can be found below:

National Health Service Act 2006

http://www.legislation.gov.uk/ukpga/2006/41/contents

National Health Service (Penalty Charge) Regulations 1999

http://www.legislation.gov.uk/uksi/1999/2794/contents/made

Other Guidance

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. Additional guidance staff have access to additional articles held at:

https://faq.nhsbsa.nhs.uk/knowledgebase/category/?articlecategory=NHS%20Penalty%20Charges&id=CAT-01005&parentid=

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.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2022” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.