FOI 27808

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Freedom of Information Disclosure Log

The NHSBSA's responses to Freedom of Information requests. read more

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Open Government Licence 2.0 (United Kingdom) [Open Data]

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FOI 27808

Thank you for your request for information about the following:

In addition to the information requested i would also like to request the following information aslo:

  1. how many people have been applied & also how many persons have been awarded from a B.A.M.E background, broken down by ethic minorities.

  2. How many people from a B.A.M.E background have been applied and

  3. also how many persons from a B.A.M.E background have been awarded broken down by ethic group & specific job roles from between January 2020-September 2022.

  4. What is the percentage of none B.A.M.E persons who have been applied and

  5. also the percentage of persons awarded from a non B.A.M.E background, broken down by specific job roles.

Response

A copy of the information is attached.

Question 1 and 2 have been answered together as there is overlap in these questions.

Please be aware that I have decided not to release the exact numbers where the number of claims/awards falls below 5 as this adds a level of granularity which makes identification of deceased patients very likely, especially given the level of media coverage on this subject, and the fact that we’re combining job title with ethnicity.

Although the claims information about the deceased care staff is not personal data (information which can identify a living individual), their families/estate/claimants could be identified from this information, when combined with other information that may be in the public domain or reasonably available.

This information falls under the exemption in section 40 subsections 2 and 3A (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 applicant personal details to the world and is likely to cause damage or distress.

b) these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the applicant.

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

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

Breach of Patient confidentiality

Please note that the identification of deceased patients, as well as their surviving families/estate/claimants is also a breach of the common law duty of confidence. The estate of a deceased patient who has been identified could make a claim against the NHSBSA or yourself for the disclosure of the confidential information.

The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the Freedom of Information Act.

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

https://www.legislation.gov.uk/ukpga/2000/36/section/41

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.

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Last Updated November 21, 2022, 08:35 (UTC)
Created November 16, 2022, 15:43 (UTC)