2023007

Request regarding investigation in Betsi Cadwaladr UHB

Published: 7 March 2022

Information requested

I see in the media that NHSCFA is (or has been) investigating financial reporting irregularity at Betsi Cadwaladr UHB. Can you pls let me know... 1. The terms of engagement - exactly what is being investigated and how does it relate to fraud as defined by Fraud Act. 2. How this relates to the investigatory remit of Ernst Young. 3. When results are expected. 4. Whether and where/to whom the outcome report will be released.’

NHSCFA response

In response to each part of your request:

  1. The terms of engagement – exactly what is being investigated and how does it relate to fraud as defined by Fraud Act.

    The information you requested is being withheld as it falls under the exemption in section 30 (1)(b) of the Freedom of Information Act. In applying this exemption we have had to balance the public interest in withholding the information against the public interest in disclosing the information. The attached annex to this letter sets out the exemption in full, as well as the factors the Authority considered when deciding that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

  2. How this relates to the investigatory remit of Ernst Young

    The final Ernst Young report was referred by Betsi Cadwaladr UHB to CFS Wales on 29/1/23 and the appendices containing key documents were then provided on 20/2/23.

  3. When results are expected.

    This cannot be confirmed. Betsi Cadwaladr UHB will be updated on initial findings shortly.

  4. Whether and where/to whom the outcome report will be released.

    We will report back to Betsi Cadwaladr UHB and update Welsh Government and Audit Wales.

Annex A

Section 30
30 Investigations and proceedings conducted by public authorities.

(1)Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of—

(a)any investigation which the public authority has a duty to conduct with a view to it being ascertained—

(i)whether a person should be charged with an offence, or

(ii)whether a person charged with an offence is guilty of it,

(b)any investigation which is conducted by the authority and in the circumstances may lead to a decision by the authority to institute criminal proceedings which the authority has power to conduct, or

(c)any criminal proceedings which the authority has power to conduct

Factors for disclosure Factors for withholding
  • NHS Counter Fraud Authority believes in transparency, accountability and openness with how public money is spent.
  • Disclosure of information by NHSCFA may diminish the chances of successful prosecution or bringing future charges.
  • Disclosure of information may impede ongoing or future proceedings.
  • Disclosure of information by NHS CFA may hamper investigation by other public bodies.
Reasons why public interest favours withholding information
  • The balance of the public interest lies clearly in favour of withholding the information as the interest lies with promoting successful investigations, prosecution and intelligence gathering.

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