Hospitals Trust’s commercial interests block FOI request for health service shake-up Outline Business Case

The Hospitals Trust has just refused Plain Speaker’s Freedom of Information request to see the Trust’s Outline Business Case for the “Right Care Right Time Right Place” shake up of health and social care services. This is the document that the Clinical Commissioning Groups will consider and then consult the public about, if they decide to accept the Outline Business Case.

If the public can’t see the Outline Business Case, how can we know what we think about it?

I am asking the Trust to review their refusal.

This is the email correspondence to date on this matter between Plain Speaker and the Trust:

FW: FOI 2172 – request for Outline Business Case for reconfiguration of Calderdale and Greater Huddersfield NHS and social care

Dear Jenny

Thank you for your request dated 14 July 2014  which has now been considered and we regret to inform you that it is not possible to supply the information you have requested.

In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice.

Calderdale & Huddersfield NHS Foundation Trust (CHFT) has engaged FOI exemption S43(2) commercial interests.

The Outline Business Case is a commercial document which sets out models of care, the activity levels and cost of these. A public summary of the five year business plan, which incorporates elements of the Outline Business Case that can be shared publicly is being presented at our next Board meeting and is available on the Trust website with the meeting papers. A copy is attached for your information.

If you are not happy with our decision you may ask us to review of our decision.

If you ask us to carry out a review and are still not satisfied you may apply directly to the Information Commissioner for a decision.

Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by CHFT.

The Information Commissioner can be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane

Telephone: 01625 545745

Kind regards


On Behalf of the FOI Office

FOI Office
Calderdale and Huddersfield NHS Foundation Trust
Huddersfield Royal Infirmary
Tel:  01484 355933

From: Jenny Shepherd  
Sent: 14 July 2014 16:49
Subject: FOI request for Outline Business Case for reconfiguration of Calderdale and Greater Huddersfield NHS and social care

Dear CHFT FOI Office
I understand that CHFT, along with Locala and the South West Yorkshire Partnership Foundation Trust, has prepared an Outline Business Case for their proposals for the reconfiguration of health and social care services in Calderdale and Greater Huddersfield, that is based on the Strategic Outline Case that the 3 providers produced earlier this year.
Under FOI regulations, I would like to request a copy of this Outline Business Case.
Kind regards,
Jenny Shepherd

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