>We have had a request from Counter Fraud and Security Management Service
>(CFSMS) asking for employment dates of an ex-employee, under Section 29 of
>the DPA. I haven't heard of them before but their website seems to be
>genuine. Has anyone else had experience of this agency and disclosed under
>S29?
>http://www.cfsms.nhs.uk/
>
>Jackie
Jackie, we recently had a request regarding information we might have about
employee fraud - suspected of running a care home full-time whilst also
employed as NHS peripetetic nurse full-time!
It took some time to sort out what & how much information we were prepared
to share. At first their investigator kept badgering our inspector, telling
her that she had to provide information under s.29 to prevent & detect
fraud. Luckily she checked the guidance on our intranet before responding
and passed the investigator to me to handle!
But note that CFSMS do not have statutory powers to obtain information,
they act under Secretary of State's direction. Most recently updated in
November 2004, more info at Department of Health website -
http://www.dh.gov.uk/assetRoot/04/09/42/42/04094242.pdf
The direction requires all NHS bodies to co-operate with each other - but
there's no obligation on the rest of us! They recently issued a
consultation document on what access they should have to documents, it
closed 21/01/05 but still available at
http://www.dh.gov.uk/assetRoot/04/09/01/77/04090177.pdf
Wish the DCA would pick up again on 'public sector data sharing' and we'd
not have to worry so much about this type of request! Regards, Kirsty.
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of CSCI nor constitute legal advice.
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