Publication - FOI/EIR release

Claims resulting from physical assaults against NHS Scotland staff: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
16 Apr 2019
Claims resulting from physical assaults against NHS Scotland staff: FOI release
FOI reference: FOI/19/00914
Date received: 19 Mar 2019
Date responded: 16 Apr 2019
Information requested

 

1) The number of successful claims relating to physical assaults against NHS staff made in each of the last five years: 2018-2019 (or up until the most recent month), 2017-2018, 2016-2017, 2015-2016.

2) The number of claims initiated in relation to physical assaults against NHS staff made in each of the last five years: 2018-2019 (or up until the most recent month), 2017-2018, 2016-2017, 2015-2016.

3) The total amount of damages (in pounds) paid out in relations to physical assaults against NHS staff made in each of the last five years: 2018-2019 (or up until the most recent month), 2017-2018, 2016-2017, 2015-2016.

 

Response

 

1) The number of successful claims relating to physical assaults against NHS staff made in each of the last five years: 2018-2019 (or up until the most recent month), 2017-2018, 2016-2017, 2015-2016.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested under section 17(1) of FOI(S)A.

Figures on successful claims relating to physical assaults against NHS staff is not information that is collected nationally. This is a matter for NHSScotland Boards in their capacity as direct employers of NHS staff. We expect all Boards to have policies and procedures in place to deal with incidents of assaults against staff, in line with the Managing Health at Work pin policy which provides a minimum standard that all Boards must adhere to.
https://www.staffgovernance.scot.nhs.uk/media/1403/managing-health-at-work-pin-policy-2005.pdf
We encourage all NHS Scotland Boards to commit to supporting appropriate action against anyone who assaults a staff member, including criminal proceedings where appropriate.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

It may be of interest to note the legislative position in relation to assaults against NHS staff:
 The Emergency Workers (Scotland) Act 2005 (Modification) Order 2008 extended the protections provided to specified providers of emergency services, under section 1 of that Act, to include registered medical practitioners, registered nurses and registered midwives wherever they are working in the community.
 Section 5 of the 2005 Act already provided protection to health workers in hospital premises, making it an offence to assault, obstruct or hinder a medical practitioner, nurse, midwife or paramedic exercising functions in that capacity.
 The penalty applicable is up to 12 months imprisonment, a £10,000 fine, or both. For more serious incidents, the Crown Office may choose alternative common law offences, attracting higher penalties.
https://www.legislation.gov.uk/asp/2005/2/contents
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

2) The number of claims initiated in relation to physical assaults against NHS staff made in each of the last five years: 2018-2019 (or up until the most recent month), 2017-2018, 2016-2017, 2015-2016.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested under section 17(1) of FOI(S)A. The Scottish Government does not collect data on the claims of physical assaults against NHS staff working for NHS Scotland. However, you may wish to contact individual NHS Boards who have delegated responsibility as the employer, who may be able to help you.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

3) The total amount of damages (in pounds) paid out in relations to physical assaults against NHS staff made in each of the last five years: 2018-2019 (or up until the most recent month), 2017-2018, 2016-2017, 2015-2016.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested under section 17(1) of FOI(S)A. The Scottish Government does not collect data on the amount of damages paid out in relation to physical assaults against NHS staff working for NHS Scotland. However, you may wish to contact individual NHS Boards who have delegated responsibility as the employer, who may be able to help you.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

 

About FOI

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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG