Serious incidents at Orchard House (FOI)

Request

A

How many Serious Incident Investigations have there been concerning Orchard House in the last 12 months?

B

What did these incidents consist of?

C

What were the results of the investigations?

D

Are the reports made public?

Response

A to C

In order to protect the privacy of patients this information is exempt under Article 25 of the Freedom of Information (Jersey) Law 2011.

D

Serious Incident reports are not in the public domain. The reports are shared with the individual to which the incident relates or shared to friends and / or family only with the consent of the individual.

In the case of a deceased person the information is shared with the next of kin / nearest relative. If the individual has died as a result of the serious incident, the report will be shared with the Deputy Viscount acting as the coroner and may be read into the inquest.

Article Applied

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.