Freedom of Information Service
RochfordHospital
Union Lane
Rochford
Essex
SS4 1RB
Telephone: 01702 538048
Fax: 01702 538210
Email:
Rob Coleman
Our ref: EB/JL/FOI/AP0453
DearMr Coleman
Re: Freedom of Information Act – Requested Information
I am writing in response to your request for information, made under the Freedom of Information Act 2000, which was received on 9 April 2012.
You requested information as follows:
Dear South Essex Partnership University NHS Foundation Trust
The NMC Standards of Conduct, Performance and Ethics for nurses and midwives, be open and honest, act with integrity and uphold the reputation of your profession, act with integrity, 51. You must inform any employers you work for if your fitness to practise is called into question.
Under the Freedom of Information Act, on what date did Dr P Geoghegan inform the Trust that he was under an NMC Fitness to Practise investigation?
The South Essex Partnership University NHS Foundation Trust (the “Trust”) regrets to inform you that the Trust has not enclosed the information you requested.
The Trust, as an employer, has a duty of care to employees. As such, the Trust always applies Section 40 (Personal Information) and/or Section 41 (Information Provided in Confidence) of the Freedom of Information Act 2000 when requests for personal information, about any member of staff, are received under the Act.
Section 40 provides an absolute exemption for personal data of an individual other than the applicant.
Section 41 provides an absolute exemption for personal data where the information requested was provided to the public authority in confidence and where disclosure of the information would give rise to an actionable breach of confidence. In other words, if the public authority disclosed the information, the provider or a third party could take the authority to court.
The Trust has not provided the information requested because it considers this exempt from disclosure under the above names section(s) 40 and 41.
Anyone who has made a request for information under the Freedom of Information Act, can appeal or complain about the answer to their request. The Trust has a duty to provide advice and assistance.
If you feel that your request has not been answered completely or you have any other questions, please write or telephone me, the contact details of which may be found at the top of this letter.
If you think your request has not been handled fairly, you can write direct to the Information Commissioner. For information on how to make an application please visit their website at
Alternatively, please write to:
Information Commissioner
Wylcliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
Janette Leonard
Director of ITT & Clinical Support Services