FOI – 2024-000366 IRIC Adverse Incident Report (HTML)

Date received – 22 October 2024 | Date responded – 18 November 2024

Request

I have been trying to obtain sight of an Adverse Incident report Ref: 2022/002/014/291/011. As per the email trail below, I have been signposted to a number of addresses/contacts. The last instruction being this email address.

My request/enquiry remains as per the initial email to ‘Devices Compliance’, as follows:

Dear Sir/Madam,

I write with respect to the above mentioned reported adverse incident in the hope of accessing both the initial report submitted and any outcome from this.

My attempts to access the information on the internet have proved exhaustive and I would very much appreciate your assistance.

The report relates to a lower limb prosthetic and a resulting failure of the assembly.

Could you please direct me accordingly and please do feel free to contact me direct should this assist in the process.

Response

We have now completed the search of our records and can provide you with the following information:

I write with respect to the above mentioned reported adverse incident in the hope of accessing both the initial report submitted and any outcome from this.

NHS National Services Scotland (NSS) can confirm that we do hold this information however, under FOISA Section 36(1) for “Claim to Confidentiality of Communications”, it is subject to exemption. The report requested is part of ongoing litigation and is subject to legal professional privilege and is therefore confidential. The report may be publicly available once legal proceedings have concluded.

As the Section 36(1) exemption is a “Qualified” exemption, NSS have carried out a Public Interest Test so that the exemption can be applied. The information relates to legal professional privilege, and although there is always a clear public interest in relation to Scottish public authorities acting in an open and transparent manner, the disclosure of legal advice would substantially prejudice the ability of the Central Legal Office to give full and frank legal advice to their clients when legal advice is required. For this reason, NSS have assessed that the balance is in favour of maintaining the exemption in order to ensure that legal advice can be obtained in a way that allows the Central Legal Office to put in place arrangements for the provision of full and frank legal advice to its clients.

I trust you will find the information of assistance and if you require any further information, please do not hesitate to contact us.

If you are unhappy with any aspect of how we have dealt with your request, you can make representations to us asking us to review the handling of your request.

If you require any further information, please contact the Associate Director Governance and Board Services (Board Secretary) within 40 working days of the date of this correspondence.

Contact

Address

If after a review you are still unhappy, you also have the right to apply to the Scottish Information Commissioner, who can be contacted at Kinburn Castle, St Andrews, Fife, KY16 9DS, or via their application form.

National Services Scotland (NSS) is committed to publishing all information released in response to Freedom of Information requests. You can view all FOI responses within our FOI Publications repository.