Internal Reference Number: FOI_7950
Date Request Received: 22/05/2024 00:00:00
Date Request Replied To: 03/07/2024 00:00:00
This response was sent via: By Email
Request Summary: Legal Function
Request Category: Private Individuals
| Question Number 1: I am request for the information listed below being disclosed to be according to the freedom of information framework: The current structure of Trust's in-house legal team (with structure, job description and banding); | |
| Answer To Question 1: The Trust has one Head of Litigation (band 8) and one Legal Assistant, banding below band 8. Job descriptions attached To accompany this answer to question 1 please also see the documents listed below:  final Job Description Lit Admin.pdf Head of Legal Services Job Description revised Oct 2019.pdf | |
| Question Number 2: Information about the governance related to all legal functions across the Trust: 鈥� Is/Are there any internal policies/Standard Operating Procedures related to legal functions including: employment law, data protection, claims management, coronial inquests, SENT Tribunal proceedings, Mental Health Tribunal proceedings, family law proceedings, criminal law proceedings, contracts, procurements, complaints, etc.? 鈥� If there are policies/Standard Operating Procedures, please provide me with the most up to date versions of all of them; 鈥� Is there any overarching policy related to the functions of in-house legal services within the Trust, governance structure related to this and what are areas of responsibility allocated to the in-house legal services? | |
| Answer To Question 2: Legal services deal with all litigation against the Trust under the various NHSR indemnity schemes (see NHSR website). Legal advice on a wide range of subjects and external advice sought when in-house expertise not available. Inquests and police enquiries. Court of protection matters PALS - https://viewer.microguide.global/SALIS/NONCLINICAL/content/nonclinical-managing-concerns-and-complaints-policy | |
| Question Number 3: Coronial Inquests: a. Number of inquests the Trust has been party to in each financial year between 2015/2016 and 2023/2024 b. Number of inquests the Trust acted via its in-house legal team in each financial year between 2015/2016 and 2023/2024 c. Number of inquests the Trust acted via instructed external legal representatives in each financial year between 2015/2016 and 2023/2024 d. Total cost of external legal representation in coronial inquests in each financial year between 2015/2016 and 2023/2024 e. Number of Prevention of Future Deaths Reports received by the Trust in each financial year between 2015/2016 and 2023/2024, with split byu the coroner's area; please provide copy of each PFD report received. | |
| Answer To Question 3: a) 203 b) Unable to answer as no response to request for clarification email sent 23.05.2024 d). Total cost of external legal representation in coronial inquests in each financial year between 2015/2016 and 2023/2024 from 2020 to present only one inquest required external instruction .. Cost as per solicitors hourly rate. From 2015 to 2020 .This information is not available. e). Nil | |
| Question Number 4: Court of Protection Proceedings a. Number of Court of Protection proceedings in which the Trust was an applicant and/or made a party to, in each financial year between 2015/2016 and 2023/2024 b. Number of Court of Protection proceedings in which the Trust acted via its in-house legal team in each financial year between 2015/2016 and 2023/2024 c. Number of Court of Protection proceedings in which the Trust instructed external legal representatives in each financial year between 2015/2016 and 2023/2024 d. Total cost of external legal representation in Court of Protection proceedings in each financial year between 2015/2016 and 2023/2024 e. Number of s49 MCA 2005 orders received by the Trust in each financial year between 2015/2016 and 2023/2024, and information whose responsible for all work and responsibilities related to the above within the Trust? Is there any policy/protocol/Standard Operating Procedure related to the above? f. Where does the MCA Lead's function sit within the Trust and what is the interplay between the MCA Lead and in-house legal services? | |
| Answer To Question 4: a). 3 (three) b). Two COP proceedings where trust involved but not as applicant. c). 3 (three) d). this is not available in-house and can be accessed externally from our solicitors e). No of s49 orders. Two. Re responsibility -this question is vague . Unable to answer re responsibility. A report will be actioned by the clinicans involved and then disseminated by legal services Please ask Safeguarding for SOP鈥檚 f). The MCA Lead is also the Adult Safeguarding Lead - There is very little interplay between MCA Lead & Legal Team | |
| Question Number 5: High Court proceedings (inherent jurisdiction): a. Number of High Court (inherent jurisdiction) proceedings in which the Trust acted as an applicant or was made a party to in each financial year between 2015/2016 and 2023/2024 b. Number of High Court (inherent jurisdiction) proceedings in which the Trust acted via its in-house legal team in each financial year between 2015/2016 and 2023/2024 c. 16 Number of High Court (inherent jurisdiction) proceedings in which the Trust instructed external legal representatives in each financial year between 2015/2016 and 2023/2024 d. Total cost of external legal representation in High Court (inherent jurisdiction) proceedings in each financial year between 2015/2016 and 2023/2024 | |
| Answer To Question 5: a). nil b). nil c). nil d). nil | |
| Question Number 6: High Court proceedings (judicial reviews): a. Number of High Court (judicial reviews) cases at the pre-action protocol stage, which did not result in an application being lodged, in which the Trust was named as a defendant in each financial year between 2015/2016 and 2023/2024; b. Number of High Court (judicial reviews) cases at the pre-action protocol stage, which did not result in an application being lodged, in which the Trust was not formally named as a defendant, but required input from Trust's legal services/external solicitor, due to the duties performed on behalf of particular Local Authority, in each financial year between 2015/2016 and 2023/2024 (please provide split by Local Authority); c. Number of High Court (judicial reviews) cases at the pre-action protocol stage, which did not result in an application being lodged, in which the Trust was not formally named as a defendant, but required input from Trust's legal services/external solicitor, due to the duties performed on behalf of particular Integrated Care Board, in each financial year between 2015/2016 and 2023/2024 (please provide split by Integrated Care Board); d. Number of High Court (judicial reviews) proceedings in which the Trust was made a party to in each financial year between 2015/2016 and 2023/2024; e. Number of High Court (judicial reviews) proceedings in which the Trust acted via its in-house legal team in each financial year between 2015/2016 and 2023/2024 f. Number of High Court (judicial reviews) proceedings in which the Trust instructed external legal representatives in each financial year between 2015/2016 and 2023/2024 g. Total cost of external legal representation in High Court (judicial reviews) proceedings in each financial year between 2015/2016 and 2023/2024 h. What is the governance related to the performance of the duties related to any High Court proceedings (judicial reviews), including at the pre-proceedings stage (pre-action protocol stage) within the Trust? Does the Trust have any written policy/protocol/Standard Operating Procedure outlining how to manage above cases (please provide the most up-to-date copy)? What is the system of analysing the issues raised and learning from this type of cases? | |
| Answer To Question 6: a) to g) - NIL h). No internal trustwide SOP required as this is dealt with solely by legal and the standard court pre-action protocols will be followed as required. | |
| Question Number 7: Employment law proceedings: a. Number of employment law related at the pre-action stage, which did not result in an application being lodged, in which the Trust was named as a defendant in each financial year between 2015/2016 and 2023/2024; b. Number of employment law related at the pre-action stage, which did not result in an application being lodged, in which the Trust was named as a defendant in each financial year between 2015/2016 and 2023/2024, by split by the type of claim (issue giving raise to the claim) made by the applicant. c. Number of employment law related settles by the Trust, in each financial year between 2015/2016 and 2023/2024, with the clearly stated (separately) total amount of damaged agreed/paid and total cost of any legal advice/representation instructed/obtained by the Trust; d. Number of employment law related cases lodged with the Employment Tribunal, in which the Trust was named as a defendant, in each financial year between 2015/2016 and 2023/2024; e. Number of employment law related cases in employment tribunal (and upper tribunal) in which the Trust acted via its in-house legal team in each financial year between 2015/2016 and 2023/2024 f. Number of employment law related cases in employment tribunal (and upper tribunal) in which the Trust instructed external legal representatives in each financial year between 2015/2016 and 2023/2024 g. Total cost of external legal representation in employment law related cases in employment tribunal (and upper tribunal) accrued in each financial year between 2015/2016 and 2023/2024. h. Total cost of damages awarded by the employment tribunal in relation to civil employment law related claims in each financial year between 2015/2016 and 2023/2024 i. What is the governance related to the performance of the duties related to any claims, including at the pre-proceedings stage, related to employment law matters within the Trust? Does the Trust have any written policy/protocol/Standard Operating Procedure outlining how to manage above cases (please provide the most up-to-date copy)? What is the system of analysing the issues raised and learning from this type of cases? | |
| Answer To Question 7: Please see attached To accompany this answer to question 7 please also see the documents listed below: FOI 7950.pdf | |
| Question Number 8: Civil claims: a. Number of civil claims (non-employment law related) at the pre-action stage, which did not result in an application being lodged, in which the Trust was named as a defendant in each financial year between 2015/2016 and 2023/2024; b. Number of civil claims (non-employment law related) at the pre-action stage, which did not result in an application being lodged, in which the Trust was named as a defendant in each financial year between 2015/2016 and 2023/2024, with split by the type of claim (using the NHS Resolutions categorisation) and cause of identified; c. Number of civil claims (non-employment law related) settled by the Trust, in each financial year between 2015/2016 and 2023/2024, with the clearly stated (separately) total amount of damaged agreed/paid and total cost of any legal advice/representation instructed/obtained by the Trust; d. Number of civil claims (non-employment law related) lodged with the courts, in which the Trust was named as a defendant, in each financial year between 2015/2016 and 2023/2024; e. Number of civil claims (non-employment law related) lodged with the courts, in which the Trust was named as a defendant, in which the Trust acted via its in-house legal team in each financial year between 2015/2016 and 2023/2024 f. Number of civil claims (non-employment law related) lodged with the courts, in which the Trust was named as a defendant, in which the Trust instructed external legal representatives in each financial year between 2015/2016 and 2023/2024 g. Total cost of external legal representation in civil claims (non-employment law related) in civil courts accrued in each financial year between 2015/2016 and 2023/2024 h. Total cost of damages awarded by the court in relation to civil claims (non-employment law related) in each financial year between 2015/2016 and 2023/2024 i. What is the governance related to the performance of the duties related to any claims (non-employment law related), including at the pre-proceedings stage, within the Trust? Does the Trust have any written policy/protocol/Standard Operating Procedure outlining how to manage above cases (please provide the most up-to-date copy)? What is the system of analysing the issues raised and learning from this type of cases? | |
| Answer To Question 8: a). Applications are rarely made in the pre-action stage and we have none. The trust will not be a defendant until a claim is issued in court. the requestor does not seem to understand the legal process for claims against the NHS b). Please seek information via https://resolution.nhs.uk/ c). The Trust do not pay out the payment of damages and costs is paid by the NHSR d). claims issued - https://resolution.nhs.uk/ e). Nil f). All g). For NHSR The Trust does not hold this data - https://resolution.nhs.uk/ h). For NHSR The Trust does not hold this data - https://resolution.nhs.uk/ i). All civil claims are handled by NHSR or instructed solicitor (instructed panel firms by NHSR directly). Feedback from NHSR on an annual basis. Learning from claims discussed with divisions/directorates quarterly Triangulation with complaints | |
| Question Number 9: Contracts: a. Who provides legal advice and support, including drafting, reviewing and assessment of legal risks, regarding to any current and future contracts the Trust enters? b. How does this function fit into the wider in-house legal services and the related governance framework? c. Does the Trust entered any contracts/arrangements with any Local Authorities, pursuant to s76 National Health Service Act 2006? If yes, please provide details of the Local Authorities which the Trust has contract with. d. If the Trust entered contracts mentioned in par 42, please elaborate what are the governance and operational arrangements related to the provision of legal advice and guidance to the staff, regarding cases where the Trust delivers duties on behalf of the Local Authority? e. If the Trust entered contracts mentioned in par 42, please provide the copy of such contracts. f. Does the Trust entered any contracts/arrangements with any Integrated Care Board, related to the delivery of ICB鈥檚 functions regarding Continuing Healthcare (CHC) Framework? If yes, please provide details of the ICBs which the Trust has contract with. g. If the Trust entered contracts mentioned in par 45, please elaborate what are the governance and operational arrangements related to the provision of legal advice and guidance to the staff, regarding cases where the Trust delivers functions related to CHC Framework? h. If the Trust entered contracts mentioned in par 45, please provide the copy of such contracts. i. Does the Trust entered any contracts/arrangements with any Integrated Care Board, related to the delivery of ICB鈥檚 functions regarding s117 Mental Health Act 1983 (aftercare duty)? If yes, please provide details of the ICBs which the Trust has contract with. j. If the Trust entered contracts mentioned in par 48, please elaborate what are the governance and operational arrangements related to the provision of legal advice and guidance to the staff, regarding cases where the Trust delivers functions related to aftercare duty? k. If the Trust entered contracts mentioned in par 48, please provide the copy of such contracts. | |
| Answer To Question 9: a). Depends on the nature and complexity .In-house lawyer or external solicitors b). Unable to answer as no response to request for clarification email sent 23.05.2024 c). Wiltshire Local Authority d) Unable to answer as no response to request for clarification email sent 23.05.2024 e) The Wiltshire Local authority contract requires that the sharing of the contract with a third party needs to be confirmed by Wiltshire local authority. In addition, any personal identifiable information and tender details, which are contained within the contract, will need to be redacted. On this basis the contract is not shared under the FOI due to commercial interests, please find attached exemption notice f). No g- h). Unable to answer as no response to request for clarification email sent 23.05.2024 | |
| Question Number 10: Mental Health Act related: a. What are the governance arrangements related to the performance by the Trust its duties under the Mental Health Act? b. Who is the lead responsible for the overall governance arrangements related to the Mental Health Act? c. What is the relationship between the MHA lead and the in-house legal services? d. Number of MH Tribunal proceedings in which the Trust was a party to (as a Responsible Authority), in each financial year between 2015/2016 and 2023/2024 e. Number of MHA related cases in which the Trust obtained legal advice from the external legal representative, in each financial year between 2015/2016 and 2023/2024, and the cost of above advice per year. f. Number of MH Tribunal proceedings in which the in-house legal services were instructed to represent the Trust, in each financial year between 2015/2016 and 2023/2024 g. Number of MH Tribunal proceedings in which the Trust instructed external legal representatives in each financial year between 2015/2016 and 2023/2024 | |
| Answer To Question 10: a). Agreement with Avon Wiltshire Partnership- they provide governance, Mental Health Liaison Team, Consultant Psychiatrist & MHA administration to SFT b). Medical Director c). There is no direct reporting requirement with medical director . legal services would be asked for assistance as and when . There is no direct line management between the medical director and legal re mental health issues. Legal services would liaise with medical director regarding any court of protection matters d). Nil - MHA Tribunals for inpatients here are arranged by AWP MHA Admin services 鈥� Please contact AWP https://www.awp.nhs.uk/contact-us/freedom-information e).Information for 2015/16 is not available - 2023/2024 - 2. Cost : 1300 f). The Trust is not responsible for arranging MHA Tribunals- AWP is. AWP provide the Responsible Clinician role for all patients detained under the MHA at SFT- its part of the SLA g). The Trust is not responsible for arranging MHA Tribunals- AWP is. AWP provide the Responsible Clinician role for all patients detained under the MHA at SFT- it鈥檚 part of the SLA | |
| Question Number 11: SEND Cases: a. Number of SEND Tribunal cases, in which the Trust was ordered to provide evidence, in each financial year between 2015/2016 and 2023/2024 b. What is the governance framework and internal policy related to the provision of evidence for the purpose of SEND Tribunal proceedings? | |
| Answer To Question 11: Special Education Needs & Disabilities is relevant to Education establishments, not hospitals | |
| Question Number 12: Family law proceedings: a. Number of family law cases (private and public), in which the Trust was ordered to provide written witness statement, in each financial year between 2015/2016 and 2023/2024. b. What is the governance framework and internal policy related to the provision of evidence for the purpose of both private and public family law proceedings? | |
| Answer To Question 12: a) Unable to answer as clinicians are often approached directly with no involvement from legal. b) There is no internal policy .if the court requests a statement it is provided .we do not require a policy for statement production | |
| Question Number 13: Other: a. Number of family law cases (private and public), within which the court issued third party disclosure order against the Trust, in each financial year between 2015/2016 and 2023/2024. b. Number of Court of Protection related proceedings, within which the court issued third party disclosure order against the Trust, in each financial year between 2015/2016 and 2023/2024. c. Number of immigration cases, within which the tribunal issued third party disclosure order against the Trust, in each financial year between 2015/2016 and 2023/2024. d. Number of SEND cases, within which the tribunal issued third party disclosure order against the Trust, in each financial year between 2015/2016 and 2023/2024. e. Number of criminal cases, within which the court ordered for the Trust to provide assessment of defendant鈥檚 fitness to plea, in each financial year between 2015/2016 and 2023/2024. f. Number of criminal cases, within which the court ordered for the Trust to provide assessment of defendant鈥檚 fitness to stand trial and/or any adjustments required, in each financial year between 2015/2016 and 2023/2024. g. Number of other type of cases (not listed above) in which the Trust obtained external legal advice, in each financial year between 2015/2016 and 2023/2024, and their cost per financial year. | |
| Answer To Question 13: a). Previously advised b). NIL for court of protection c). Nil d). Special Education Needs & Disabilities is relevant to Education establishments, not hospitals e). Nil Known f). Nil Known g). Multiple some verbal advice therefore not documented and unquantifiable | |
| Please see Attachments: | |
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