Hello Nadeem,

Thank you for this. I gather from your report of this discussion that
the Trust does not actually propose that information about medical
coding should be withheld by the application of one or other FoI
exemption. It simply proposes that this information is not offered to
those who have not specifically asked for it - right?

If that is the case, the most pertinent question is likely to be whether
the s.16 duty to provide advice and assistance to enquirers has been
discharged.

I think that the most technically correct response would be to apply the
s. 21 "otherwise reasonably accessible" exemption. (Google "medical
coding in asylum records" and you'll see what I mean.) However, I doubt
that any authority relying on s.21 to exempt information about medical
coding from release which did not at the same time advise enquirers
where they could find this information could be said to have discharged
their s.16 duty.

It may be that legitimate concerns about data protection and/or
confidentiality lie behind this proposal from the Trust. In that case,
it would be better to move onto a direct consideration of how to address
these issues. In my view, the proposal to release the information only
when asked directly for it does not do much to resolve these concerns
satisfactorily.

All this presupposes that copies of the medical coding in use at the
time are actually held by the Trust (or, more precisely, by the local
authority). This is unlikely to be the case everywhere. The duty to
provide advice and assistance would still stand, of course.

All the best,

Colin S. Gale
Archives & Museum
Bethlem Royal Hospital
Monks Orchard Road
Beckenham, Kent BR3 3BX
Tel: 020 3228 4053

Opening hours: Mon-Fri 9.30am-4.30pm (Archives by appointment only). The
Museum contains a remarkable collection of pictures by artists who have
suffered from mental disorder, including Richard Dadd and Louis Wain.
The Archives document the history of Bethlem, the Maudsley and
Warlingham Park Hospitals.

The South London and Maudsley NHS Foundation Trust provides mental
health and substance misuse services to people in Croydon, Lambeth,
Southwark and Lewisham, substance misuse services to people in Bexley,
Greenwich and Bromley, and specialist services to people across the UK. 

-----Original Message-----
From: Archivists, conservators and records managers.
[mailto:[log in to unmask]] On Behalf Of Nadeem Janjua
Sent: 15 December 2009 12:51
To: [log in to unmask]
Subject: Medical Coding in Asylum Records


I am currently in discussions with the local NHS Trust that is the
successor 
trust to the former Asylums in Warwickshire re medical coding in Asylum 
records (from 1907). They are of the opinion that we should only
disclose 
what the codes mean (e.g. A1 meaning Insane Heredity) if specifically
asked 
for in a Freedom of Information request, and withheld if not. However, I
think 
that where these codes are present, their meaning should be disclosed 
automatically as I see no strong case for applying an exemption. I would
be 
grateful for information as to the approach you take or any advice.

Thanks

Nadeem

Nadeem Janjua
Archive Compliance Manager

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