| Reference | FOI 2025/1468 |
|---|---|
| Description | ADHD and autism assessments, Equality Impact Assessment (EqIA), Quality Impact Assessment (QIA), or clinical-safety / safeguarding assessment undertaken before implementation and other documents |
| Date Requested | 14/11/2025 |
| Date Replied | 23/12/2025 |
| Category | LDA Transformation |
I request the following information and supporting documentation.
Decision and Authority
1. The date, title, and authorising officer or committee for any decision to:
2. Copies of the decision papers, briefings, minutes, and sign-off documents recording or evidencing those approvals.
Classification of the Measure
Your previous correspondence described these measures as “indicative activity planning measures” rather than temporary, urgent or substantial service changes.
Please provide:
3. The origin and meaning of this terminology within NHS Greater Manchester.
4. The date on which it was adopted.
5. Any document, policy, or minute that authorised its use.
6. Clarification as to whether the ICB accepts these measures are implemented and affecting patients or maintains that they are still “in planning.
Consultation, Equality and Risk Assessment
7. Copies of any public consultation, Equality Impact Assessment (EqIA), Quality Impact Assessment (QIA), or clinical safety / safeguarding assessment undertaken before implementation.
8. If no such assessments were completed, please confirm this explicitly and explain the rationale for proceeding without them.
Scrutiny and Oversight
9. The specific meeting date(s), agenda item numbers, and minutes or papers evidencing when and how scrutiny members “were informed.”
10. Any briefings, presentations, or correspondence shared with the Greater Manchester Joint Health Scrutiny Committee.
11. Any communications or assurance exchanges with NHS England North West relating to these measures.
Scope, Duration and Impact
12. A definition of “minimum waiting times”: which services, providers, and specialties are affected, with start and expected end dates.
13. For ADHD and autism, confirmation of whether the restriction affects all referral routes (NHS, Right to Choose, GP or internal) and the earliest expected reopening date for new bookings.
14. Any risk or harm assessments, mitigation plans, or safeguarding reviews carried out before or after implementation.
Communications and Continuity of Care
15. Copies of any guidance or correspondence issued to GPs or providers regarding continuity of care or shared-care arrangements for patients diagnosed or treated privately.
16. Details of any public statements, webpages, or patient communications explaining these measures and their timescales.
NHS GM published papers can be accessed via the following link Meetings/Events | Greater Manchester Integrated Care Partnership. However, any further specific information from internal meetings is withheld under the following FOIA exemptions:
Section 36(2)(b)(i)(ii) – Prejudice to the Effective Conduct of Public Affairs
Section 36 of the Act sets out a qualified exemption from the right where in the reasonable opinion of a qualified person such disclosure would prejudice the effective conduct of public affairs through:
(2) Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act
(b) would, or would be likely to, inhibit—
(i) the free and frank provision of advice, or
(ii) the free and frank exchange of views for the purposes of deliberation, or
The Minister responsible for the Freedom of Information in the Department of Health has authorised the senior person in charge of the National Health Service bodies to act as ‘Qualified Persons’ and under Section 5 of the National Health Service Act 1977 this is the Chief Executive. Under the Section 36 exemption, the ‘qualified person’ for NHS Greater Manchester (NHS GM) is Mr Colin Scales, Acting Chief Executive.
Mr Scales is of the opinion that the information should be withheld as he considers that it would, or would be likely to prejudice, the effective conduct of public affairs.
Disclosure of the minutes would, or would be likely to:
The meetings in question were held in private and form part of the ICB’s internal governance and operational decision-making processes. They involve candid discussion of financial risk, commissioning pressures, provider performance, and clinical considerations. The ability of staff to discuss these issues openly would be undermined if detailed minutes were routinely disclosed.
The decision to apply this exemption has been made with the reasonable opinion of the qualified person, as required by the Act.
Public Interest Test
Factors favouring disclosure.
Openness and transparency – It is important that NHS GM acknowledges their responsibility to be open, transparent and accountable.
Factors favouring non-disclosure.
NHS GM consider sharing the information requested would inhibit advice/views and openness between decision makers, necessary to agree appropriate service provision for the patients it serves. It is critical that NHS GM maintain the greatest possible confidence without any concern that confidential or sensitive information provided, consulted, or relied on may be compromised. Furthermore, to divert resources to manage the impact of disclosure, would cause disruption to important services that NHS GM provides, and the organisations ability to efficiently conduct public affairs.
Balancing Test.
As such, it is the decision of NHS GM that the public interest at this time lies in non-disclosure of the information for the reasons outlined above. NHS GM consider that the public interest in withholding the information outweighs the public interest in disclosure.
Section 43(2) – Prejudice to Commercial Interests
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)”.
In this instance, disclosure of the information would be likely to prejudice the commercial interests of the NHS GM. This exemption is subject to the public interest test and for the reasons outlined below we are satisfied that the exemption applies.
Public interest test
Factors favouring disclosure.
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM was getting value for money from its purchasing decisions.
Factors favouring non-disclosure.
The minutes include information relating to:
Releasing this information would prejudice the commercial interests of both the ICB and its commissioned providers by revealing commissioning strategy, negotiating positions, and commercially sensitive data relevant to live contracts.
Balancing Test.
After considering the arguments outlined above, we have decided to withhold this information.
Section 40(2) – Personal Data
The minutes contain personal data relating to identifiable staff members, including names, roles, and contributions to discussion. These individuals had no reasonable expectation that their comments in a non-public internal meeting would be made publicly available. Disclosure would therefore breach the data protection principles, and the information is exempt under Section 40(2).
For the reasons set out above, the internal meeting minutes requested are withheld under Sections 36(2)(b)(i)(ii), 43(2) and 40(2) of the FOIA.
The release of this information is exempt from disclosure by virtue of section 22 of the Freedom of Information Act 2000 as it is intended for future publication.
Section 22(1) of the Freedom of Information Act 2000 states:
(a) the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),
(b) the information was already held with a view to such publication at the time when the request for information was made, and
(c) it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a).
This exemption is subject to the public interest test and for the reasons outlined below, we are satisfied that the exemption applies.
Public interest test
Factors favouring disclosure.
There is an inherent public interest in ensuring that there is openness and transparency to increase confidence. Furthermore, disclosure of this information would also be consistent with NHS GM’s commitment to proactively publish data that is in the wider public interest.
Factors favouring non-disclosure.
However, this information is subject to review, validation and approval, prior to publication. Early release of the requested information could be misrepresentative, and it is in the public interest that this information is true and accurate.
Balancing Test.
After considering the arguments outlined above, we have decided that, on balance, the public interest is better served at this time in withholding the documents under section 22 of the Freedom of Information Act 2000, on the basis that it will be published in the future once finalised, as outlined above.
**A PDF document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
