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GIC Admin Staff Misconduct, DBS Checks, Data Breaches 03/23 to 18/05/24

Reference: 24-25079

Date response sent: 14/06/2024

Details of enquiry

Administration staff refers to any full time employees of the Tavistock and Portman Trust Gender Identity Clinic, hereafter referred to as the GIC. This includes anyone with the term ‘manager’, ‘admin’, ‘support’, ‘team member’ or any relevant title referring to administration support staff.  This includes anyone employed by the GIC who was off sick or on suspension during the time frame. Employment can have commenced before the start of the timeframe on any date before 01st March 2023.

 

  1. How many full time administration staff at the GIC were fired for Gross Misconduct from 01st March 2023 to 18th May 2024? Please redact any personal information.

 

  1. How often are Standard Disclosure and Baring Service (DBS) checks carried out on all GIC administration staff members? By often, I refer to annually, bi-annually, etc.

 

  1. What is the level of UK DBS check carried out on all GIC administration staff members, i.e. basic, standard and enhanced?

 

  1. Do you ever carry out Enhanced UK DBS checks on GIC administration staff members?

 

  1. Have you ever had an administration employee who is on the DBS UK Barred List work for the GIC? This can mean any past or present employee. Please redact any personal information.

 

  1. Have you had to refer yourselves to the ICO during or after the timeframe 01st March 2023 to 18th May 2024 for any data breach issues due to GIC administration staff actions?

Response sent

Administration staff refers to any full time employees of the Tavistock and Portman Trust Gender Identity Clinic, hereafter referred to as the GIC. This includes anyone with the term ‘manager’, ‘admin’, ‘support’, ‘team member’ or any relevant title referring to administration support staff.  This includes anyone employed by the GIC who was off sick or on suspension during the time frame. Employment can have commenced before the start of the timeframe on any date before 01st March 2023.

 

  1. How many full time administration staff at the GIC were fired for Gross Misconduct from 01st March 2023 to 18th May 2024? Please redact any personal information.

 

The Trust neither confirms nor denies (NCND) whether any gross dismissal of GIC Admin Staff took place between March2023 to 18th May 2024, and has engaged exemptions to withhold this data

  • On occasions such as this one, to comply with the duty to confirm or deny under section 1(1) (a) of FOIA could lend itself to disclose potentially sensitive or damaging information which actually falls under an exemption. In these circumstances, FOIA allows a public authority to respond by refusing to confirm or deny whether it holds the requested information.
  • under Section 40 (5B)(a)(i)  of the Freedom of Information Act 2000 (FOIA),– Personal Information – the duty to confirm or deny does not arise if to do so would contravene any of the data protection principles

Section 40 is a Class-based exemption, therefore it is not necessary to evidence the harm caused by disclosure nor is it necessary to carry out a public interest test in this case.

  • Any release of information under FOIA is a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.
  • To confirm or deny that any gross misconduct dismissals took place within a specific and relatively small team might confirm information about one or more individuals, thereby constituting a breach in the Trust’s data protection obligations, which could be unfair to individuals.

 

  1. How often are Standard Disclosure and Baring Service (DBS) checks carried out on all GIC administration staff members? By often, I refer to annually, bi-annually, etc.

DBS Checks are carried out every three years.

  1. What is the level of UK DBS check carried out on all GIC administration staff members, i.e. basic, standard and enhanced?

Standard

  1. Do you ever carry out Enhanced UK DBS checks on GIC administration staff members?

No, the roles do not qualify for an enhanced DBS

  1. Have you ever had an administration employee who is on the DBS UK Barred List work for the GIC? This can mean any past or present employee. Please redact any personal information.

No

  1. Have you had to refer yourselves to the ICO during or after the timeframe 01st March 2023 to 18th May 2024 for any data breach issues due to GIC administration staff actions?

No

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