FOI-03420

Thank you for your request for information about the following:

##Request

<i>Please provide any meeting minutes, EIA, or other documents or communications relating to any changes between the two versions of the linked webpage from the original in 2024 to the one displayed now.
 
 https://faq.nhsbsa.nhs.uk/knowledgebase/article/KA-01794/en-us
 
 If this request is too broad, please narrow it down to any any meeting minutes, EIA, or other documents or communications produced within the 3 months before the page was updated in 2025 (I believe around June/July but may have been before) to read "You must complete the claim according to the patient's sex at birth."</i>

The NHS Business Services Authority (NHSBSA) received your request on 28 November 2025.

We have handled your request under the Freedom of Information Act 2000 (FOIA).
  
##Our response

We wish to emphasise that the articles referenced in your request do not relate to dental practices recording gender within their local patient records, but rather how to submit FP17 claims to the NHSBSA, when it comes to capturing gender/sex as part of that claim. Wider guidance on this can be found at the below link:

https://www.nhsbsa.nhs.uk/sites/default/files/2025-07/Completion_of_form_guidance_FP17-England_20250801_%28V14%29.pdf

<b>EIAs, Meeting Minutes</b>

We presume that by EIA you mean an Equality Impact Assessment. We confirm this information is not held. No meeting minutes are held for the updating of the article referenced in your request.

<b>Communications</b>

I can confirm that the NHSBSA holds the information you have requested, and a copy of the information is attached.

The communication included in this disclosure highlighted the need to change the article referenced in your request, which is detailed in the attached document. Please be advised that the change to the article was not a result of a change in policy/practices, but rather a correction, as the guidance was incorrect. It was changed to reflect how claims are handled.

The requested information contains information which identifies NHS colleagues, but this information is exempt under section 40(2) of the FOIA (personal information). 

Section 40(2) is an absolute, prejudice-based exemption and therefore is exempt if disclosure would contravene any of the data protection principles. For disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm.

As we do not have the consent of the data subject(s), the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject(s).

The NHSBSA acknowledges that you have a legitimate interest in the disclosure of the information in order to provide the full picture of the requested data held by the NHSBSA; however, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. This is because there is a reasonable expectation that NHSBSA staff details remain confidential.

##Data Queries

Please contact <a href="mailto: foirequests@nhsbsa.nhs.uk">foirequests@nhsbsa.nhs.uk </a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

##Reusing the data and copyright

If you plan on producing a press or broadcast story based on the data, please contact <a href="mailto: communicationsteam@nhsbsa.nhs.uk">communicationsteam@nhsbsa.nhs.uk</a>. 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 2025”. 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: NHS Dental
Organization: Freedom of Information Disclosure Log