FOI-01798

Thank you for your request for information about the following:

I want to request information on the dates you have been submitting vaccine damage payment claim forms to medical assessors so it confirms your chronilogical order you send them in because you keep telling me my claim is still not sent after 6 months of waiting for it to be sent be cause you send them in date order. Please send me information on what date your currently sending them in. 

Time frame: 01/09/23 to 11/03/24

Your request was received on 11 March 2024 and I am dealing with it under the terms of the Freedom of Information Act 2000.

##Response

All data as of 13 March 2024. All data relates to claims received by the NHS Business Services Authority (NHSBSA) and those transferred from the Department for Work and Pensions (DWP) on 1 November 2021.  

A copy of the information is attached. This shows the dates on which one or more Vaccine Damage Payment Scheme (VDPS) claim has been sent for independent medical assessment. Claims with full medical records are sent for independent medical assessment in order, based on the date we received them. This means the earliest claims are assessed first.

###Claim Dates

Please be aware that I have decided not to release the dates that individual claims were registered, prior to submitting to assessors.  Unfortunately, the data therefore does not show the order claims were submitted to assessors. This is because the claimants could be identified, when combined with other information that may be in the public domain or reasonably available. Online communities exist for those adversely affected by vaccines they have received. This further increases the likelihood that those may be identified by disclosure of this information.

This information falls under the exemption in section 40 subsections 2 and 3A (a) of the Freedom of Information Act.

This is because it would breach the first data protection principle as:

a)	it is not fair to disclose claimant personal details to the world and is likely to cause damage or distress.

b)	these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the claimant.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/40

###Breach of Patient confidentiality

Please note that the identification of claimants is also a breach of the common law duty of confidence.  A claimant who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information.

The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the Freedom of Information Act. 

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/41 

##Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data, please contact communicationsteam@nhsbsa.nhs.uk This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Should you wish to re-use the information you must include the following statement:
“NHSBSA Copyright 2024” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated.  Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.

Tags: VDPS, Vaccine Damage Payments
Organization: Freedom of Information Disclosure Log