HPA Code of Practice on Public Information: Transparency and Accessibility

July 2009

1. Introduction

1.1 Transparency and Accessibility are recognised as core values of the Health Protection Agency (HPA). This means we will use plain language and communicate in a timely way. We will explain the reasons for our decisions and advice, and we will publish our targets and our achievements against them.

1.2 The HPA is committed to operating in an open and transparent way. This Code of Practice spells out how we will act so as to meet these objectives and live up to our corporate values. It also provides contact details for requesting information from us.

1.3 The HPA will ensure that its practices and procedures comply with the law including the Data Protection Act 1998, the Health Service (Control of Patient Information) Regulations 2002, and the Freedom of Information Act 2000. To comply with this Act, the agency has a Publication Scheme outlining what information it holds and may make available to the public.

2. The HPA's Policy on transparency and accessibility

2.1 Information and Advice

We will aim to publish, as swiftly as possible, any substantive information or advice we provide to others, either actively or in response to specific requests. Advice on largely local matters may be issued in conjunction with or through partner organisations, such as Primary Care Trusts.

The HPA will make publicly available results, analyses and conclusions in as timely a manner as possible, especially when there are implications for protecting health and will lead to action by the HPA or others.

However, there will be circumstances where we will be unable to make certain information publicly available (outline listed in paragraph 2.9). In such circumstances we will be happy to explain our decision.

The HPA will issue annual reports covering national and regional health protection matters (hard copy and electronic), guidelines on health protection matters, and continue to issue and develop other regular reports, such as the weekly web-based Health Protection Report and Eurosurveillance. Regional and local health protection teams/units of the HPA are encouraged to make contributions for annual public health reports published by the Regional and Primary Care Trust Directors of Public Health and may also publish their own annual reports on health protection matters.

Information from local and regional services is captured via Programme Boards. This ensures that the HPA's strategic priorities are based on needs which have been identified by our front-line services. The HPA has produced a template for creating local newsletters, thus ensuring standard formatting and presentation across the agency is standardised.

Where specific requests are made for one of the Agency's publications to be made available in another format or language, each request will be considered on an individual basis. Where possible, the document, or a summary of its contents, will be produced in the requested format or language.

2.2 Developing Our Ideas

(a) Our stakeholders include all groups affected by, or with a direct interest in, our activities. Where viable, we will encourage and enable input from appropriate stakeholders in the formulation of our advice.

(b) Specific conclusions or recommendations from exchanges of internal correspondence will be released where they form a fundamental part of the evidence or analysis on which decisions are based. However, we will not usually publish or release copies of other internal correspondence.

(c) In general we propose to publish any substantive advice we give to Government Departments or partner organisations, but will need to respect their views, especially on timing.

(d) We will not usually publish detailed information of personnel, management or financial matters, other than through the Annual Report & Accounts, Corporate and Business Plans and other publicly available records (e.g. register of directors' interests). We would not make public any information on individual patients or people without their specific consent.

2.3 Surveillance and Research

The HPA does not see itself as owning surveillance data (as distinct from the research results). Rather it regards itself as being the custodian of such data and that it has a responsibility to analyse and draw conclusions from these data and make these publicly available in a timely manner.

We regard submission of research findings for peer review publication as the norm. We will encourage staff to agree publication in peer reviewed scientific literature as a performance target in customer contracts and in grant funded research. Data and results and conclusions from surveillance would normally be made available through publicly available reports, though some will also be released in peer review publications.

2.4 Requests for Information

We will treat all requests for information on a fair and equal basis, and without prejudice. Where we are unable to provide the information requested, we will explain why. If we decide not to release the requested information, we will explain why and give details of how to complain against our decision.

2.5 Public Involvement

To help people make informed choices about protecting their health the Health Protection Agency's public involvement strategy provides reliable, easily-accessible information at national, regional and local levels.  Clear, impartial information and advice, which is based on the best available science, is central to building the trust and confidence of the public.

2.6 Online Accessibility

The HPA is committed to developing its corporate website with the aim of making the site into an accessible, usable and engaging website for all its users. The website is a critical and primary interface with the public and with professionals in the field of health protection. The HPA recognises that the information it provides should be clear, timely, authoritative and delivered via user friendly site navigation and a responsive search engine. This is achieved through the ongoing development and maintenance of its website and the effective use of new forms of digital media as a means of communication with its stakeholders.

2.7 Future Communications

We continue to look for and adopt better means of making information available to the public and to other stakeholders. We would welcome suggestions on this.

2.9 Exemptions

For practical and legal reasons, there are a number of well-defined circumstances in which we will not release advice or information. Principally, the exemptions under the Freedom of Information Act 2000 establish the legal basis for non-disclosure of information. For example:-

• The information is intended for future publication and premature release would be likely to lessen the accuracy, effectiveness, or completeness of a planned announcement;
• The effort required is disproportionate to the request and the information is broadly available elsewhere for example via the 'web'. These requests will be used to develop new outputs.
• The information is incomplete or unsubstantiated and potentially misleading, e.g. information emerging from an ongoing scientific project, the results of which would not normally be released until the study is complete;
• We consider that the public health concerns or public interest in publication are outweighed by considerations of confidentiality, e.g. where disclosure of information would constitute an unwarranted invasion of privacy (e.g. under the Human Rights Act 1999); or concerns individual patients.
• Publication relates to bodies dealing with security matters; it might prejudice national security or defence;
• The information is part of confidential or contractual arrangements. However, where confidential information might directly inform urgent decisions about public health or safety, we will urge that it be made publicly available at the earliest opportunity and will not let a refusal to do so prevent us from taking whatever action is legally open to us, including unilateral publication, to protect the public in the UK or elsewhere;
• Disclosure would be contrary to law (in particular the Data Protection Act 1998, and the Human Rights Act 1999), would breach the HPA's international or EU obligations, or would be in contempt of Court;
• The information relates solely to internal personnel, financial or organisational issues within the HPA, and does not relate directly to issues of public health;
• Disclosure might prejudice commercial interests;
• Disclosure might prejudice effective conduct of public affairs, law enforcement or the UK's position in international negotiations, or is covered by parliamentary privilege.
• The advice is of a legal nature, has been given in relation to possible litigation, or is otherwise covered by legal privilege;
• The HPA considers that particular information should not be released where it may be used by another party to undermine the HPA's legal business or where it may place HPA staff, customers, contractors or any other stakeholder at personal risk.

3. How the HPA will deliver its Policy on Transparency and Accessibility

3.1 Decision Tracking

Subject to the exemptions listed in paragraphs 2.3 and 2.9, we will provide, on request, information on our decisions and the evidence and analysis on which they were based. Decisions include, but are not limited to:-

• All decisions and advice on public health matters made by the Board of the HPA;
• Appointments made to expert committees;
• Cases where requests for information or advice have been turned down.

Evidence and analysis include, but are not limited to:-

• Advice from  Centres and Divisions, employees, local units and our expert advisory committees;
• The results of research, surveillance and surveys carried out, or commissioned, by us.

3.2 Consultation

Where feasible, strategic decisions and substantive advice will be formed in the light of the responses we receive to consultations eg. over a surveillance strategy. We will make the responses to consultation publicly available. We will respect any request from consultees to keep all or part of their responses confidential, but would wish to keep these to a minimum. We do reserve the right to disclose responses if we believe that, on balance, the public interest favours disclosure. For example, it may be necessary to publish responses in order to show how we have arrived at a particular decision, or why we have framed our advice in the way we have. We would discuss this with the consultees concerned first.

For more information regarding our consultation policy and procedure, please refer to our document which can be found on our website http://www.hpa.org.uk/

3.3 Board Meetings

Some Meetings of the Board will be held in public. There may need to be parts of the agenda which are closed, but we will strive to keep these to a minimum. There will be an opportunity for the public to raise questions to the Board in the open session of the meeting. As part of our policy of Transparency and Accessibility, papers and minutes of Board meetings will be published on our website. Some papers and minutes may have to be excluded, or edited, in accordance with the exceptions identified in sections 2.3 and 2.9

All Board members will sign a declaration agreeing to comply with the Code of Conduct for NDPB Board Members published by the Cabinet Office and the Nolan Committee's "Seven Principles of Public Life". Members and attendees are required to declare any potential conflict of interest at each Board meeting.

3.4 Regular Meetings of Partner Organisations

Much of our work will be carried out with partner organisations in the NHS and local authorities. These bodies are encouraged to discuss local health protection issues at their open Board and committee meetings, with full participation from HPA officers. The national and local health protection agreements  with partner organisations, clarify the respective responsibilities of the parties for the disclosure of information related to local health protection and, the accountability to the public for this.

3.5 Public Meetings (Health Issues)

There will be a need on occasion for HPA officers to call, or attend, public meetings covering specific health issues. Such matters may cover national public health concerns but will, more likely, cover local concerns arising from an outbreak of disease, an increased incidence of a particular illness or any general health concern. Such meetings may be initiated by the HPA, or HPA officers may attend public meetings called by an NHS Trust, Primary Care Trust or local authority.

3.6 Public Meetings (Scientific Seminars)

The HPA will hold scientific seminars, predominantly for professional, academic or industrial stakeholders, though where space permits members of the public will be able to attend.

Conferences and events give opportunities to reach targeted audiences on specific issues and raise the profile of an organisation. They help the HPA to achieve core corporate goals of sharing our knowledge and expertise, and to promote the work of the Agency.

The Health Protection Agency ensures that HPA conferences and events, whatever size, reflect the standards of excellence and professionalism core to the Agency and contribute positively to its reputation.

The HPA reserves the right to charge reasonable admission and/or administration fees for all seminars and/or public meetings. Details of such events are posted on our website.

3.7 Advisory Committees (Expert, including lay members)

We encourage our advisory committees to be open at all stages of their deliberations and in their consideration of all issues affecting public health. Subject to the exceptions listed in sections 2.3 and 2.9, we make the minutes of national advisory committee meetings available via our website. Each committee is invited to consider whether it should hold at least part of its meetings in public and is encouraged to do so.

4. How to obtain information from the HPA

4.1 We publish a wide range of information on our website www.hpa.org.uk. If it is practical and with the exceptions in 2.9 we will provide, on request, hard copies of any such information to people who do not have internet access (see paragraph 4.5).

4.2 We may, from time to time, publish free documents in paper versions, including consultation documents, proposals for European Community regulations, leaflets and factsheets providing health advice for the public and bulletins covering any of our activities.

4.3 Requests for copies of any of the above information should be made in writing (mail, fax or email), to the appropriate division or local units of the Health Protection Agency, details are on our website under "contact us".

If you do not have access to the web, you can write to us at:

Leigh Hopkins
Freedom of Information Officer
Communications Division
Health Protection Agency
61 Colindale Avenue
London
NW9 5EQ

Tel:  020 8327 6476
Fax: 020 8327 6007
Email: foi@hpa.org.uk

4.4 Copies of responses to our consultation exercises will be available from the HPA.

4.5 We will not normally charge a fee to supply copies of information or advice, unless the request is for a publication or data set for which we charge. However, we reserve the right to make a reasonable charge to cover the cost of transcriptions, photocopying, packaging and postage, or where a considerable amount of staff time would be needed to identify, process and collate the information requested. There are separate charging arrangements for the supply of information for medico-legal requests. We will inform you of any charges that apply before processing your request.

4.6 Where the information requested is available in a publication for which we charge, we will give details of the publication and where it may be obtained.

5. How you may use information and data provided by the HPA

5.1 Most information and advice we provide will not have any restrictions placed on its use. Some information may be protected by copyright or other intellectual property rights. Where we are aware of such restrictions, we will make clear to you any restrictions on the use of the information.

Unless otherwise agreed, the use of any information we supply will be at your own risk.

6. How the HPA will monitor its performance

6.1 We aim to answer all requests for copies of information or advice within 20 working days. We might take longer if information needs to be recovered from our archives, or extensively processed, or if we need to consult other parties. If it is going to take more than 20 days to answer your request, we will let you know in writing, explaining the reasons and letting you know when to expect our reply. We will monitor our performance against these deadlines as part of our service standards.

6.2 If you are unhappy about how we have dealt with your request for information, please tell the person you have been dealing with. We will try to resolve any problem quickly and explain what we have done and why. If you are still dissatisfied and would like to take your complaint further, you should contact:-

George Stafford
Head of Public Information Access
Health Protection Agency - Communications Division
61 Colindale Avenue, London NW9 5EQ

Direct Dial: +44 (0)20 8327 6629
Fax: +44 (0)20 8327 6633
Email: george.stafford@hpa.org.uk

He will acknowledge your letter within 3 working days of receiving it. He will write to you with a full reply within 20 working days of receiving your complaint. If this is not possible, he will explain why and say when you will get a full reply. He will also advise you of the HPA Complaints Procedure should you wish to take matters further. A copy of the Complaints Procedure can also be found on our website.

7. Improving our service

We are constantly looking for ways to improve our service, and of meeting your needs. We welcome any comments and suggestions on our service, or this Code of Practice, which should be sent webteam@hpa.org.uk or alternatively please consult our website http://www.hpa.org.uk for more information.

Last reviewed: 8 January 2010