FOI request
I would be grateful if you would provide the following information:
1) What training do your investigators undergo in:
a Interviewing people who have been compelled to attend as part of an investigation.
b The conduct of a search of a property as part of an investigation.
2) What form does the "evidence of the investigator’s authority from the HSSIB" take? For example, do investigators have a warrant card?
3) How is "the provision of health care services" defined? Is it restricted to NHS organisations or does it include:
a private sector hospitals
b osteopaths and osteopathic centres
c chiropractors and chiropractor centres
d complementary therapy centres and clinics
e unregulated health providers such as acupuncture centres, Chinese herbal medicine centres and/or Hijama centres?
f community based providers of healthcare support at home, such as nurses and support workers.
4) Does "The activities which the HSSIB may carry out in, or in connection with, giving assistance under subsection (5) are not restricted to activities carried out in the United Kingdom." mean that HSSIB can potentially undertake investigations anywhere in the world?
5) How many cases, to date, have you taken to court and how many have resulted in a conviction and a fine?
6) There are no Sentencing Guidelines for this offence. What range of fine would you seek?
Decision
1) What training do your investigators undergo in:
a Interviewing people who have been compelled to attend as part of an investigation
b The conduct of a search of a property as part of an investigation
The Health and Care Act 2022 provides powers to HSSIB investigators of entry, inspection, and seizure (S118) and to require information (S119).
In relation to S118, the Act allows HSSIB to ‘enter and inspect’ premises (that are not dwelling houses). The Act makes no specific reference to HSSIB investigators conducting searches. However, HSSIB investigators undergo training in methods of evidence collection, and this is supported via operational policies and processes.
In relation to S119, HSSIB investigators undergo training in investigative interviewing practice, and this is supported via operational policies and processes.
In addition to formal advice/guidance, investigators have regular 121 meetings and team meetings where advice and guidance is shared with regards to HSSIB’s statutory powers.
2) What form does the "evidence of the investigator’s authority from the HSSIB" take? For example, do investigators have a warrant card?
Investigators have an ID/Warrant Card which notes that their authority comes from our CEO, Rosie Benneyworth, under the auspices of the Health and Care Act 2022.
3) How is "the provision of health care services" defined? Is it restricted to NHS organisations or does it include:
a private sector hospitals
b osteopaths and osteopathic centres
c chiropractors and chiropractor centres
d complementary therapy centres and clinics
e unregulated health providers such as acupuncture centres, Chinese herbal medicine centres and/or Hijama centres?
f community based providers of healthcare support at home, such as nurses and support workers.
Under S110 of the Health and Care Act 2022, HSSIB has the function of investigating incidents that: occur in England during the provision of health care services and have or may have implications for the safety of patients.
Where an investigation relates to an incident that did not occur during the provision of NHS services, the HSSIB must consider whether, in relation to any risks identified, the systems and practices in the provision of NHS services could be improved.
HSSIB are able to investigate any healthcare matter that meets this definition within the Act. This includes NHS healthcare, and independent healthcare where an investigation may also improve NHS services.
HSSIB can investigate anything that fits its criteria, which includes:
- potential harm to patients and staff
- scale of the healthcare safety issue
- health inequalities
- potential to drive improvement.
More information is available on the how we decide what to investigate page.
4) Does "The activities which the HSSIB may carry out in, or in connection with, giving assistance under subsection (5) are not restricted to activities carried out in the United Kingdom." mean that HSSIB can potentially undertake investigations anywhere in the world?
Under S127 of the Health and Care Act 2022, HSSIB may provide assistance to NHS and non-NHS bodies in carrying out investigations. This assistance includes disseminating information about best practice, developing standards to be adopted, and giving advice, guidance, or training.
Assistance does not extend to HSSIB carrying out investigation activities. As set out above, HSSIB’s investigation activities are set out in S110. In addition, HSSIB can conduct investigations in Northern Ireland and Wales (S128) if an appropriate agreement is in place.
5) How many cases, to date, have you taken to court and how many have resulted in a conviction and a fine?
None.
6) There are no Sentencing Guidelines for this offence. What range of fine would you seek?
HSSIB has no power to impose fines and any decision on the level of fine ordered would be a matter for the Court.