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Main Forum >> Geographical Numbers Chat >> FOI Act and Doctors
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Message started by laurie0236 on Feb 10th, 2005 at 7:24am

Title: FOI Act and Doctors
Post by laurie0236 on Feb 10th, 2005 at 7:24am
Could anyone tell me if Doctors Surgeries who currently use 0870 numbers have to reveal their geographical number when asked.

If this is so what reference to FOI would I need to include in the letter.

I have done a search but did not find a specific answer.

My Doctor in Skelmersdale Lancashire moved to an 0870 in November and it annoying that the calls take longer than  they did on the old geographical number. I would rather call at the surgery than make a call to them.

Title: Re: FOI Act and Doctors
Post by hoxne on Feb 10th, 2005 at 9:28am
I would have thought that, if it's an NHS or publicly-funded surgery, as opposed to private, then they're caught by FOI.  

You are entitled to request any information under FOI.  Just send a letter/e-mail headed Freedom of Information Act 2000, specify what you want to know, in what format, and give your name and address for response.

They have to reply within 20 working days, but they may invoke one of the exemptions under the Act to avoid providing the information.  If they do, you can challenge the decision, ultimately by going to the Information Commissioner.

Title: Re: FOI Act and Doctors
Post by kk on Feb 11th, 2005 at 5:21pm
Doctors Surgeries (in the NHS) are covered by the Act - Sch 1 Part 3.

Title: Re: FOI Act and Doctors
Post by laurie0236 on Feb 11th, 2005 at 6:33pm
Many thanks for the information. I shall be writing to my GP and I shall post a reply when I recieve it.

Regards

Title: Re: FOI Act and Doctors
Post by lompos on Feb 13th, 2005 at 9:29pm
See also my post on the thread "GP 0870 number could be banned", page 3.

I just requested my local PCT (Primary Care Trust) under the FOI to disclose the number they are using for contacting the GP who has recently changed his number to 0870, assuming that they have a geographical number.

I did this because I suspect that GPs, being private contractors to the NHS, may invoke commercial confidentiality.  However, there is no harm in trying.  Look forward to seeing on the Forum the answer from your GP.

Title: Re: FOI Act and Doctors
Post by kk on Feb 13th, 2005 at 11:45pm
Section 43 of the Freedom of Information Act, provides a limited exception of “Commercial Interest”.  Commercial interest relates to an organisation’s ability to successfully participate in its commercial activity and is strictly applied.  An NHS doctor has a very limited commercial activity; if any.  It would be unlikely that the disclosure of a geographical telephone number could be resisted by using section 43 of the Act.

Title: Re: FOI Act and Doctors
Post by lompos on Feb 14th, 2005 at 8:39am
kk, you may be right.

Now that at least one doctor and one PCT have been approached under the FOI for a GP's geographical number it will be interesting to see the outcome (in 20 days).  It could be of precedent value and start an avalanche.

I still think that the strongest legal argument against 0870 numbers lies in the GPs' contracts with the NHS under which they are prohibited from charging for treatment.  "Charging" is equivalent to financially benefiting and phoning for appointments or advice is an essential part of  treatment.

Title: Re: FOI Act and Doctors
Post by kk on Feb 14th, 2005 at 9:11am
I agree, disclosure under the FIA is only part of the solution, but it does force organisations to think about the issue.
The real aim is to force the doctors to change to a normal geographical number; the contractual approach will probably achieve this.
A patient using a BT call box would have to pay £1.80 for a 10 minute call to the doctor; surprisingly this also applies to an 0845 number as well as an 0870 number.

Title: Re: FOI Act and Doctors
Post by kk on Feb 14th, 2005 at 9:13am

For 10 minutes it is £1.20 -  £1.80 is for 15 minutes.

Title: Re: FOI Act and Doctors
Post by Shiggaddi on Feb 14th, 2005 at 9:48am
I think someone bought up about the NHS being free, but we get charged for prescriptions.  I'm sure that was bought up in the other thread.

However, we don't have to give our GP that prescription money.  It can go to the pharmacy although some GP's offer an in house prescription service as well.

However if you're stuck at home, and need a doctor on call, it is urgent that you call the surgery, rather than walk and make an appointment, therefore you MUST use the phone.

Other commercial activities in surgeries might be profit sharing on vending machines, selling of healthcare products, and prescriptions, however patients do have a choice whether to use these services, and some patients might find the convenience of being able to buy a coffee from the vending machine, or picking up their prescription at the surgery useful.

However, those that use 0870 don't give patients a choice (unless they're forced to)  Nobody finds using an 0870 number cheaper than calling a geographical number, and there's no benifit to the patient.

It doesn't make answering the phone any easier, because you still speak to the same receptionist.  I don't class being put on queue as a benefit, because you're paying NEG to wait for your call to be answered.  With an engaged tone, you just redial until you get through.

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