Freedom of Information (FOI)

The Freedom of Information (FOI) Act 2000 received Royal Assent on 30 November 2000. The Act was fully implemented on 1 January 2005, and supersedes the Code of Practice on Access to Government Information 1997 (the Code of Practice). 

The Act requires all public authorities to be open and transparent with the information that they collect and hold. It gives a general right of access to all types of recorded information held by public authorities. 

View our information disclosure logs >

The Act came into force in two stages:

1. October 2003: The Trust adopted and now maintains a Publication Scheme. 
2. From January 2005 any person who makes a request to the Trust for information must be informed whether the Trust has that information and (subject to exemptions) supplied with that information. 

The Freedom of Information Act 2000 does not change the right to protection of personal confidentiality (for example, patient records) in accordance with Article 8 of the Human Rights convention, GDPR and common law.

In order to comply with the Freedom of Information Act 2000 public sector organisations such as ours have to routinely publish information as suggested in the ICO's model publication scheme, of which this Trust has adopted. Please see our Publication scheme > for more information.

The individual right of access applies to all types of recorded information held by public authorities regardless of the date of the information. The Act does, however, set out some exemptions to this right. It also places a number of obligations on public authorities about the way in which they provide information. Subject to the exemptions, anyone making a request must be informed whether the public authority holds the information and, if so, be supplied with it - within 20 working days. There is also a duty to provide advice or assistance to anyone seeking information.

The Freedom of Information Act and the associated Fees Regulations stipulate that we cannot levy a fee for information unless there is a statutory basis for doing so or the amount of time taken to locate the information exceeds the appropriate limit as specified within the Act.  However we are allowed to charge for disbursements related to the provision of information or any reformatting requested by the applicant provided we ensure that applicants are aware of any charges which may be made. 

All information included within the Publication Scheme is available free of charge via this website. Further information is available from the Trust's Freedom of Information Manager. 

Freedom of Information Manager 
University Hospitals of Derby and Burton NHS Foundation Trust 
Royal Derby Hospital 
Uttoxeter Road 
Derby 
DE22 3NE 

Email  uhdb.foi@nhs.net

Requests for multiple printouts, or copies of archived documents which are no longer available on the web, may attract a charge for the cost of retrieval, photocopying, postage etc. We will let you know the amount chargeable at the time of request (the charge would be payable in advance). The Trust will also endeavour to assist with all special needs requests. For example, interpreting services and large print copies are available by contacting the Freedom of Information Office as above.

Where a request for information under the individual right of access is denied, it may be possible to appeal against the decision. In the first instance, any such appeals must be referred to the Trust for and internal review; if the Trust’s initial response is upheld and the applicant still wishes to contest the response, they are entitled to a right of appeal to the Information Commissioner’s Office. 

The Information Commissioner’s Office (ICO)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Responsibility for overseeing the operation of the Act rests with the Information Commissioner, who is an independent public official responsible directly to Parliament. As well as approving Publication Schemes and promoting compliance with the Act, the Commissioner has powers of enforcement.