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Part 1: Introduction

What a Publication Guide is

This Guide to Information is a complete guide to the information routinely published by Torbay and South Devon NHS Foundation Trust. It is a description of the information about our Trust that we make publicly available. We shall review the Guide at regular intervals and monitor how it is operating.

It is important to us that this Guide meets your needs and we have designed it to be a route map so that you can find information about Torbay and South Devon NHS Foundation Trust easily. Under Section 19 of the Freedom of Information Act 2000, the Torbay and South Devon NHS Foundation Trust has a legal duty to adopt and maintain a Guide to Information for the publication of Torbay and South Devon NHS Foundation Trust information. The purpose of the Act is to promote greater openness by public authorities (of which Torbay and South Devon NHS Foundation Trust is one).

The Guide to Information will help you to find all the information that the Trust publishes. The Freedom of Information Act does not change the right of patients to protection of their patient confidentiality in accordance with Article 8 of the Human Rights Convention, the Data Protection Act and at common law. Maintaining the legal right to patient confidentiality continues to be an important commitment on our part. To help with this, we have appointed someone who is called a Caldicott Guardian, and who has responsibility to ensure the protection of patient confidentiality throughout the Trust in accordance with your legal rights. In the Torbay and South Devon NHS Foundation Trust, the Caldicott Guardian is:

Dr Andrew Gunatilleke
Hengrave House
Torbay Hospital
Lowes Bridge
Torquay TQ2 7AA

Tel: 01803 654507
Email: Caldicott Guardian

Information management

Information falling into the Classes will be retained in line with the Torbay and South Devon NHS Foundation Trust’s retention and disposal schedules, which comply with the Department of Health Records Management Code of Practice and Public Record Office Guidance.

Feedback

Any questions, comments or complaints about this Guide should be sent in writing to the Data Protection & Freedom of Information Lead at:

Data Access & Disclosure Office
Kitson Hall
Torbay Hospital
Lowes Bridge
Torquay TQ2 7AA

Tel: 01803 654868
Email: Data Access & Disclosure Office

If you have a complaint about the operation of the Guide to Information, or how the Torbay and South Devon NHS Foundation Trust has dealt with your request for information, please write to:

Chief Executive
Torbay Hospital
Lowes Bridge
Torquay TQ2 7AA

Tel: 01803 655703
Email: Chief Executive

Rights of access to information

  • At the present time, in addition to accessing the information identified in this Guide to Information, you are entitled to request information about Torbay and South Devon NHS Foundation Trust under the Freedom of Information Act 2000. Printed copies are available free of charge from the Department of Health, Quarry House, Quarry Hill, Leeds, LS2 7UE.

    Sometimes, some or all of the information cannot be provided and we will explain the reasons why not when this happens.

  • The Freedom of Information Act recognises that as a member of the public, you have the right to know how public services such as the NHS are organised and run, how much they cost and how you can make complaints if you need to. You have the right to know which services are being provided, the targets that are being set, the standards of services that are expected and the results achieved.

  • If you require information that is not published in this Guide, please write to us providing your name and a contact address. You do not have to say why you want the information. The Freedom of Information Act requires the Trust to respond to requests for information which it holds within 20 working days of receipt of a written request. If we are unable to meet this time frame we will let you know. Some information recorded and held by the Trust may not be disclosed to you as the information may be subject to one or more exemptions (grounds for withholding information) for example, disclosure would unfairly reveal details about somebody else or disclosure would damage commercial interests. We will explain any reasons for withholding information in our response to you.

  • Under the Data Protection Act 2018, you are also entitled to access your clinical records or any other personal information held about you and you can contact the:

    Data Access & Disclosure Office
    Kitson Hall
    Torbay Hospital
    Lowes Bridge
    Torquay TQ2 7AA

    Tel: 01803 654868
    Email: Data Access and Disclosure Office

  • The Environmental Information Regulations came into force on 1st January 2005. These will enable similar access to environmental information, as under the Freedom of Information Act 2000.