Freedom of Information Act 2000

Guide to information provided by NHS dentists under the model publication scheme

Introduction

The Freedom of Information Act 2000 (FOIA) requires all public authorities to adopt and maintain a publication scheme for information relating to the services provided to ensure transparency. Dentists working under NHS contracts in England, Wales and Northern Ireland are regarded as public authorities.

In 2008, the Information Commissioner’s Office (ICO) introduced a single generic model publication scheme for adoption by public authorities that are subject to FOIA. The generic scheme commits all public authorities to describe how specific information is made easily available to the public. For dentists, the information that must be made available relates only to the provision of NHS dentistry.

The model publication scheme is available on the ICO website and further information is available in ICO guidance using the definition documents.

You must adopt the model scheme in full and unedited and promote it alongside the guide to information. You do not need to inform the ICO that you have adopted the scheme; the ICO will assume that you have done so unless it hears otherwise.

You are in breach of FOIA if you have not adopted the model scheme or are not publishing in accordance with the scheme.

The guide to information

The template lists the information that you should hold and make available within each class. When completed, it provides a list of the information that you will make routinely available, explains how the information can be accessed and if a charge will be made for it.

You must:

  • State how the specific information can be obtained and if there is a cost involved;
  • Complete the relevant columns in the template guide; and
  • Ensure the public can access the completed guide and the information listed in it.

The guide, like the model scheme document itself, does not need further approval by the Information Commissioner.

You are expected to make the information in the guide available unless:

  • You do not hold it  
  • The information is exempt under one of the FOIA exemptions or Environmental Information Regulations 2004 (EIR) exceptions, or its release is prohibited under another statute
  • The information is readily and publicly available from an external website and has been provided by you or on your behalf – you must provide a direct link to the information
  • The information is archived, out of date or otherwise inaccessible, or
  • It would be impractical or resource-intensive to prepare the material for routine release.

If the information is only held by another public authority, you should provide details of where to obtain it.

For guidance on responding to requests for personal data, please refer to the Subject Access code of practice.

Datasets: publishing datasets for re-use

FOIA requires public authorities, including dentists, to publish under their publication scheme any dataset they hold that has been requested, together with any updated versions, unless they are satisfied that it is not appropriate to do so. So far as reasonably practicable, they must publish it in an electronic form that is capable of re-use.

For the purpose of this guide to information, a dataset is a collection of factual raw data held electronically that has been obtained or recorded in connection with providing NHS dentistry. The dataset provisions are about making information that is released under FOIA available for re-use. You do not have to publish in your publication schemes any information that would be exempt from disclosure in response to a FOIA request eg patient records.

If you are making a dataset routinely available under their publication scheme, then so far as reasonably practicable, you must publish it in an electronic form that is capable of re-use.  If the dataset or any part of it is a relevant copyright work and you are the only owner of the copyright, you must make it available for re-use under the terms of a specified licence. The Datasets Code of Practice recommends that public authorities make datasets available for re-use under the Open Government Licence.

The term ‘dataset’ is defined in section 11(5) of FOIA. The terms ‘relevant copyright work’ and ‘specified licence’ are defined in section 19(8) of FOIA. The ICO has published guidance on the dataset provisions in FOIA. This explains what is meant by ‘not appropriate’ and ‘capable of re-use’.

Fees and charging

Information available through your publication scheme should be readily available at a low cost or at no cost. If you charge for this information, the ICO expects the charges to be justifiable, clear and kept to a minimum.

You can make a charge for printing, photocopying and postage, as well as for information that you are legally authorised to charge for. You must inform anyone requesting information of any charges before providing the information and you can ask for payment before providing it. ICO guidance on charging for information in a publication scheme provides more details.

If you charge a fee for licensing the re-use of datasets, you should state in your guide to information how you calculate the charge and whether it is made under the Re-use Fees Regulations or under other legislation. You cannot charge a re-use fee if you make the datasets available for re-use under the Open Government Licence.

FOIA requests and the publication scheme

It is important to note that a publication scheme simply sets out the information that is routinely available. Information that is not listed in the guide to information can still be requested and should be made available unless it can be legitimately withheld. 

The Portland Practice

Information available from The Portland Dental Practice under the Freedom of Information Act model publication scheme

Information covered by this scheme is only about the dental services we provide under contract to the Health and Social Care Service.

This is a guide to the information published by each of the NHS dentists at The Portland Practice.  This guide is the dentists’ Publication Scheme as required by the Freedom of Information Act 2000.

The dentists are :     

Jose M. Gomez Gavilan

Fiona McLean

Introduction

This Publication Scheme is a complete guide to the information routinely made available to the public by the dentists at The Portland Dental Practice.  It is not a complete list of publications since this will change as other things are produced, but it is a description of the classes of information that we provide.  A full list of publications is available by contacting Jose M. Gomez Gavilan who is responsible for our Scheme.

This guide will be reviewed at regular intervals and we will monitor its effectiveness. All publications are free unless otherwise stated. All of the information is available in hard or electronic copy from Jose M. Gomez Gavilan. As well as our published information, present and former patients of the practice have the right to access the personal information that we hold about them in accordance with the Data Protection Act 1998. Details of how to do this is contained in the Practice Data Protection Policy which is available from Jose M. Gomez Gavilan.

Feedback

We have produced this guide in order to comply with the Freedom of Information Act 2000.  The purpose of the Act is to encourage organizations working for the public to be more open about the information they have.  We welcome your views on additional classes of information which might be included and on the publications themselves. If you have any comments or suggestions about the scheme, please send them in writing to Jose M. Gomez Gavilan at The Portland Dental Practice.

Classes of information

We hold various types of information which we review, retain or dispose of according to NHS rules. Our information is classed into seven categories:

  1. Who we are
  2. Our services
  3. Financial information
  4. Information for patients and the public
  5. Complaints
  6. Our policies and procedures
  7. This guide.

Class 1: Who we are

The Portland Dental Practice is a provider of NHS and private dental care. It is an independent dental practice run by Jose m. Gomez Gavilan. It is our aim to provide our patients with top class dental treatment and affordable prices in a friendly and safe environment

Details of all the dentists, dental therapists and dental hygienists are contained in the practice information leaflet or www.theportlandpractice.com. Details include name, sex and date of first registration with the General Dental Council, specialist status and whether they are full or part time. 

Class 2: Our services

Information about our services is contained in the practice’s patient information leaflet which is available at Reception.  The information includes:

  • Opening times

Our Opening times are Mon to Friday from 8:30 to 17:15. Phone lines are operative from 8:30 to 16:30.

  • Arrangements for emergency care

Our arrangement for out of hours emergency care are to be found by dialling our telephone number (028 9083 2202) and listening to the message.

  • Details of access to the premises for people with disabilities

We have a ground floor surgery to provide treatment to patients with reduced mobility or disabled.

  • The languages we speak and the availability of interpreters

The languages spoken in the practice are English and Spanish.

  • Whether we have a dental hygienist or orthodontic treatment is available

We have a dental hygienist but we do not offer orthodontic treatment at the moment.

  • Whether we provide intravenous sedation for anxious patients

Unfortunately, we do not provide any type of sedation.

  • Information about the care and treatment provided by the practice

At the Portland Practice we aim to provide the highest standard of care for all of our patients. Our two surgeries are fully equipped, modern and operate with the highest hygiene standards. We provide NHS and private treatment for child patients and adult patients, and our services consist of; emergency Clinics, retention/Retainer, Dentures/Crowns/Veneers/Bonding/Onlays, restoratives, extractions, endodontics, apical surgeries referrals.

Class 3: Financial information

We have information about:

  • The cost of NHS treatment

Your dentist will give you an estimate treatment plan at the end of your appointment. Also a full list of prices is available on: https://cypsp.hscni.net/wp-content/uploads/2020/08/Health-Service-dental-charges-and-treatments.pdf

  • Entitlement to exemption and remission from NHS dental charges

A leaflet can be found in the waiting room or on: https://cypsp.hscni.net/wp-content/uploads/2020/08/Health-Service-dental-charges-and-treatments.pdf

  • Our private charges

Can be found on our website: www.theportlandpractice.com or on the noticing board in the waiting room.

Our income from the NHS derives primarily from monthly fees for the number of patients we have on our list and for individual items of treatment.  There are also some allowances for such things as continuing professional development and the level of our commitment to the NHS.

Class 4: Information for patients and the public

We make available information about:

  • Types of dental treatment
  • Healthy diet
  • Healthy teeth
  • Reducing anxiety about dental care
  • Other health information
  • NHS information leaflets.

This information is available on our website www.theportlandpractice.com

Class 5: Complaints

We have a practice complaints procedure, a copy of which is shown in waiting room and available at reception.

Class 6: Practice policies

We have policies and procedures which ensure that the practice operates in a safe and efficient manner.  These include:

  • Data protection
  • Data security
  • Confidentiality
  • Health and Safety
  • Radiation protection
  • Infection control
  • Payments policy
  • Equal opportunities.

Copies of the policies are available from Reception.

Class 7: This guide

This guide will be reviewed regularly and we will also keep the list of publications up to date.     

From January 2005 we will be required by the Freedom of Information Act to respond to requests from the public to access recorded information that we hold. There are some exemptions to this right and it does not change the rights of our patients to have all of their personal information kept strictly confidential and available to them on request.

Further information on the Freedom of Information Act is available from the following websites:

www.informationcommissioner.gov.uk

www.lcd.gov.uk

www.foi-uk.org

www.foi.nhs.uk/practice

FREEDOM OF INFORMATION ACT 2000 – PUBLICATION SCHEMES

DECLARATION FORM

Jose M. Gomez Gavilan and Fiona McLean have adopted the Information Commissioner’s Office’s Model Publication Scheme for dental practices produced in accordance with section 20 of the Freedom of Information Act 2000 and will publish information in accordance with that scheme.

Signature …………………………………………………………………..

Position ……………………………………………………………………

Date ……………………………………………………………………….

The contact details for the person who will be responsible for maintaining the publication scheme and who should be contacted if any issues arise concerning the organisation’s compliance with the Freedom of Information Act are:

Jose M. Gomez Gavilan, Principal dentist

The Portland Dental Practice, 2 Portland Avenue, Newtownabbey. BT36 5EY.

Phone:  02890832202