Follow this request

There are 8 people following this request

Act on what you've learnt

Similar requests

More similar requests

Event history details

Are you the owner of any commercial copyright on this page?

Number of Investigations declined.

D. Speers made this Freedom of Information request to Parliamentary and Health Service Ombudsman

The request was refused by Parliamentary and Health Service Ombudsman.

From: D. Speers

6 September 2009

Dear Sir or Madam,

Can you please let me have the final data on the number of PHSO
investigations into concerns re management of SUI in health
services, for 2008/29009. I realise that the PHSO remit changed on
31st March 2009.

Therefore, can I please have information also on how many concerns
into the management of SUI, brought to the PHSO under the new two
tier service, have been accepted for investigation by the PHSO
since the introduction of the new remit?

Yours faithfully,

D. Speers

Link to this

From: foiofficer
Parliamentary and Health Service Ombudsman

6 September 2009

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

The original of this email was scanned for viruses by Government Secure
Intranet (GSi) virus scanning service supplied exclusively by Cable &
Wireless in partnership with MessageLabs.
On leaving the GSI this email was certified virus free.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

Link to this

From: Hannan Liz
Parliamentary and Health Service Ombudsman

16 September 2009

Dear Ms Speers

I write further to your information request of 6 September 2009, asking
for the number of "concerns into the management of SUI [serious untoward
incidents] brought to PHSO" during 2008/09 and how many of these were
accepted for investigation?"

Because of the way that we keep information relating to complaints to the
Ombudsman we cannot readily identify the complaints which are the subject
of your request. To identify them would require examination of
individual complaint files. In 2008/09 the Health Service Ombudsman was
contacted with 6780 complaints about NHS bodies. You will appreciate
that an examination of this quantity of files is both impractical and
costly. It follows that I cannot provide you with the statistics which
you are seeking. Section 12 of the Freedom of Information Act 2000
provides that an exemption to the release of information can be applied
where the cost of compliance is excessive.

The Ombudsman's website includes some statistical information on the
numbers of complaints made to PHSO about NHS bodies within the 2008/09
Annual Report, and this can be viewed at
[1]http://www.ombudsman.org.uk/pdfs/ar_09.pdf on page 25 and 30.

If you are unhappy with my decision not to send you the information you
request you can ask for a review of my decision, explaining why you think
it is incorrect, by writing to: The Review Team, Parliamentary and Health
Service Ombudsman, Millbank Tower, Millbank, London, SW1P 4QP
(complaints[2][email address]). Beyond that if you remain
dissatisfied you can ask the Information Commissioner to look into your
concerns. He can be contacted at The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
([3]www.ico.gov.uk).

Yours sincerely

Liz Hannan
Freedom of Information and Data Protection Manager
Parliamentary and Health Service Ombudsman
The original of this email was scanned for viruses by Government Secure
Intranet (GSi) virus scanning service supplied exclusively by Cable &
Wireless in partnership with MessageLabs.
On leaving the GSI this email was certified virus free.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. http://www.ombudsman.org.uk/pdfs/ar_09.pdf
2. mailto:[email address]
mailto:[email address]
3. http://www.ico.gov.uk/
http://www.ico.gov.uk/

Link to this

C Rock left an annotation (21 June 2011)

I just saw this post, and note that it was submitted at about the time Ann Abraham was supposed to be investigating our own case.

It appears to confirm my suspicion that cases are not judged on the rights and wrongs of the actions, but on a practical cost basis. Someone draws a line on a list and all below that line are rejected because 'it would be impractical' to investigate.

This was the situation with my own case which I submitted for further investigation; now shown to be Solihull NHS incompetence resulting in the death of my son; and never independently investigated.

The Ombudsman's decision not to investigate details of the negligence, incompetence, outright dishonesty and failures by BSMHFT was explained as being 'not worth it'.

That is the measure of Ann Abraham's dedication to her duty and I doubt if she at all concerned with the number of Investigations Declined - as long as she meets her costs and keeps media headlines quiet. She will be asking "just what are all these NHS failures going to cost me to get put right?"

Link to this

D. Speers left an annotation (21 June 2011)

You could be talking about my son sadly.
I have been exploring NHS Complaints for almost 6 years now and PHSO 'service' is no doubt the most inaccessible. Phrases include "no worthwhile outcome" and latest letter from me to AA "The most offensive part of your letter is “I remain of the view that my decision not to investigate your complaint was the right one. This is because I do not see that an investigation by my office would add significantly to the explanations and service improvements your efforts have already secured.” That’s not my job (inexpensive though it is to force grieving parents to find the failures you should be identifying!) Unbelievable and I find this patronizing rubbish I’m afraid.
Fact is PHSO process investigates less than 1.5% of complaints, yet costs us in excess of £34m per annum....WHAT FOR?
Good luck
Dee

Link to this

D. Speers left an annotation (21 June 2011)

How can the PHSO service "consider how to prevent similar injustices occuring in future as well as remedying the injustice for the individual and others similarly affected"
If according to statistics provided by PHSO http://www.whatdotheyknow.com/request/18... it appears only three hundred cases are accepted per annum for investigation - just about 1 per day.

The question now must be: How many cases have been referred to the PHSO altogether? The HC used to get in the region of 20,000 per year - so it looks like the PHSO are investigating about 1.5%.

If you allowed about 10 days for an investigation and report; the PHSO should have about 15 staff - about 10 to do the investigations and five to write to everybody else and say "no worthwhile outcome".
The logical conculsion can only be perhaps that around 98.5% of people are idiots; so that they go to all the time and trouble of escalating a complaint to the PHSO for no good reason at all. Although this is PHSO logic it doesn't seem very tenable. And if the PHSO is referring to the PHSO principles of Remedy http://www.whatdotheyknow.com/request/18... these are:

1. Getting it right

2. Being customer focused

3. Being open and accountable

4. Acting fairly and proportionately

5. Putting things right

6. Seeking continuous improvement

How does this happen if only 1.5% of complaints are being investigated?

Link to this

Dena Marks left an annotation ( 2 October 2011)

I took my complaint about my daughters treatment and they told me they were not able to investigate as the response I had received was factual.

It was then I realised that was all I wanted to know.

For that reason I question your seemed statement that 1.5% of cases are investigated and that the only merit PHSO can offer can be found in investigation. My case was assessed and gave me all the answers I needed. I suggested to a neighbour to go PHSO when she had pension trouble and they got her pension started without going to assessment.

I spent long hours wondering of Cathys treatment was the right way to go but I know getting angry and upset about it is not what she would have wanted. I hope you find peace.

Link to this

D. Speers left an annotation ( 2 October 2011)

Thank you Dena Marks for your kind words and I am so pleased you have found resolution. All I wanted was a factual response too! Believe me less than 1.5% investigated can be evidenced as can the 'invented' reason for not investigating aka "no worthwhile outcome". FACT: my son died in hospital under duty of care of the "States agents" (I believe is the correct terminology) there was no investigation, no police called, no alleged weapon secured and possessions were sent home to us in a black bin liner marked "NHS Household Waste"! Key documents were not submitted for the Inquest hearing and the verdict was based on "Balance of probabilities" ....four directors have left the Trust and whole Board have stepped down. Strategic Health Authority eventually offered a Care and Treatment inquiry (implication being my son received any!!)but over 5 years later!!
Of course PHSO should investigate what went so wrong....am not looking to apportion blame but I must have accountability!
The Parliamentary Health Select Committee recently held a Complaints and Litigation Inquiry....and findings were "NHS Complaints system is not working" and "PHSO role needs a complete overhaul if it is to provide an effective appeals process for complaints"
AND WHAT HAPPENS NOW? WHEN?

Link to this

C Rock left an annotation ( 3 October 2011)

The pain goes on for many. I'm still having no luck with certain lines of my enquiry regarding my son's GP Practice atrocious handling and then their inept attitude to 'investigation'; it's as if those who could help have switched to auto-pilot and the 'machine' will get them to their desired destination: blameless.

I tried writing to the GMC and they have said my PCT must investigate first, but Solihull PCT have stated they are not concerned with their contracted GP's failures.

The 'system' is not working because there isn't a formal 'system' to operate. A GP Practice (or PCT for that matter) can please themselves how much effort they put into carrying out an independent investigation into itself - unlikely to succeed when its own System has already failed and, in any case, 'success' could look extremely bad for them if fault is found.

It's easy to see how bad situations develop into 'Shipman' cases; and when these come to light everybody's surprised nobody noticed before. But it must be rare that nobody is ever suspicious that all is not right: they were just ignored.

Unless independent investigations are instigated in the first instance, there will be injustice and continuing malpractice. Almost weekly some 'Care' atrocity is revealed which quite possibly was rejected by someone as 'not worth while' investigation.

It's those who are left even whilst grieving have somehow to get to grips with the current idiotic and incestuous NHS approach where nobody is interested in the big picture until it is headlines, and more have suffered. Take note, Health Ombudsman.

The NHS are fairly free with their 'answers' and 'explanations' (though often irrelevant, inadequate and flippant) but (a) check you have got to the bottom of the problem and (b) follow up those areas found at fault to make sure something different and RELEVANT is now being done to make a difference to services in the future.

Link to this

D. Speers left an annotation ( 3 October 2011)

I gave this as evidence to the Health Select Committee who have found "NHS Complaints is not working" and "PHSO role need a complete overhaul if it is to provide an effecive appeals process for Complaints"
PLEASE FEEL FREE TO ADD/MODIFY IT!

Possible solution to ineffective NHS Complaints service
1.All complaints on avoidable deaths, across all services , must be ‘truly’ independently investigated.
2. Independent Complaints Advocacy Service (ICAS)/Monitor could oversee the complaint process.
3.Funding would come from a ‘complaints pool’ funded by all Trusts.
4 Trusts who failed to resolve the complaint at local level aka “local resolution” must pay substantially more into the pool. This would have the added benefit of saving money (as we would no longer need the ineffective PHSO process. Local resolution would mean not escalating complaints to the PHSO.
5. In fact the £34m that the PHSO service currently costs the tax payer annually, may not be needed as the PHSO service only investigates less than 1.5% of complaints, has never investigated a reconsidered complaint, despite keeping it in ‘reconsideration’ for up to a year.
6. All investigation reports must be aligned to show where service failures have not adhered to National Service Framework, local and national policy and NICE guidance.

Its also worth noting that all Strategic Health Authorities and Primary Care Trust now have statutory Performance Management responsibility and contact with a Performance Manager should be sought. I am not sure what happens to this statutory responsibility after SHA and PCTs close and commissioning moves to GPs?

Link to this

J. Brooks left an annotation ( 3 October 2011)

Regarding the Ombudsman. Nigel Farage MEP says that "the Ombudsman is biased in the Trusts favour". ie it is an NHS Ring Fence Organisation.

Please see my case that Ann Abraham, the Healthcare Ombudsman refused to investigate, detailed in the public domain:

http://www.whatdotheyknow.com/request/om...

Link to this

W. Millward left an annotation ( 4 October 2011)

If anyone checks the PHSO customer service published data it shows that of the mere 4% of cases investigated, (which leaves 96% unhappy before we start!)after review a staggering 3% are satisfied or 97% are not satisfied customers.
Who regulates PHSO? - Ann Abraham, who meets with the Cabinet Office every two months and with the Select Committee every year! The only check on this Public body, investigating the National Health Service is? - A Judicial Review in the High Court. How can that be right? Only the wealthy ( users of the NHS??) can afford a High Court case. Does your MP know this? Your local paper?

How can we continue to fund such an inefficient, organisation? Indeed should we? Is it fit for purpose? Does your own MP know these facts? Can you help spread this information?

Link to this

C Rock left an annotation ( 4 October 2011)

I'm not sure this is high profile with my MP, who has not been able to assist me with any weight in my case so far.

I approached my MP out of desperation for help BEFORE my son died because we couldn't get access to services: blocked by incompetent GP and Mental Health services alike (as '3rd parties' aka, Parents).

The Clinical Psychiatrist (Associate) 'didn't think' the services we really needed were appropriate even though they were available (as a 'First' in BSMHT) and had staff trained-for. So we lost out getting help to engage him in getting treatment, using those services I only found out about after he died, and never admitted by the so-called investigation team.

Sorry, more personal ranting... must stay calm and not let NHS and Ombudsman mentality get the better of me.

Ann Abraham must listen to the rising storm of dissatisfaction over un-investigated blunders (not just the headline grabbers as with all those who lost relatives at Stafford), and I think it's a good time for some respected parliamentary representative with the stomach for it, to take the lead.

Link to this

D. Speers left an annotation ( 4 October 2011)

Thank you W.Millward and C. Rock for your annotations. I note the increase in investigations from less than 1.5% to now a "mere 4%" I agree grossly ineffective, horrendously expensive (in excess of £34m per annum) and now deemed untenable by none other than the Parliamentary Health Select Committee. Link to "Complaints and Litigation Inquiry Report"which headlines;
"The Health Committee has found that the role of the Health Service Ombudsman needs a complete overhaul if it is to provide an effective appeals process for the complaints system." and "The NHS Complaints system is not working say MPs"
PLEASE FEEL FREE TO USE ANY OF THIS FOR MPs AND LOCAL PAPERS....(Not sure how many will touch it though!)

You are right that PHSO process is scrutnised by Parliament annually by the Public Admin Select Committee (who did so just two weeks prior to HSC evidence gathering session with AA)so why didnt they pick up on need for role overhaul?

1) PHSO meets PASC(annual scrutiny meeting of PHSO process with 3 MPs!!)Chair Bernard Jenkin MP
http://www.parliamentlive.tv/Main/Player...

2) PHSO meets HSC: Chair Stephen Dorrell MP (and published her Care and Compassion Report on the same day)….what about the elderly at Mid Staffs Hospital and the 1,200 “questionable” deaths. What about the thousands of elderly failed at Gosport War Memorial Hospital over a decade ago!?
http://www.parliament.uk/business/commit...
I'm afraid AA's evidence is deeply flawed and she is good at "Headline grabbing!" if Select Committees are not picking up on it in Parliament who will?

Link to this

ROSEMARY CANTWELL left an annotation (23 January 2012)

It might help to ask the NHSBSA because when the Healthcare Commission closed, any investigations that had finished were "archived" with the NHSBSA. Any ongoing investigations were then transferred to the PHSO.

I know this because it happened to one of my NHS complaints, and I could not understand why nobody contacted me. It was not until 2010 that someone phoned me to ask me what I thought about the Ombudsman Service and how they had dealt with my case, that I exclaimed but it is not completed it has just disappeared. Only then did I get informed that in fact they had CLOSED my case a year before but not informed me.

Link to this

D. Speers left an annotation (23 January 2012)

Thank you Rosemary. I took my complaint to HCC had it upheld, then asked what that meant...was told "closed" and "if unhappy escalate to PHSO"...which I did. PHSO referred it back to HCC "for further work" and even identified a "senior case worker"...who produced yet another raft of recommendations and when I rang to query something was told "He's left and gone for a job at the CQC"
PHSO promised Parliament she woulkd take all unresolved complaints with her to new system......she kept mine in "reconsideration" for over 6 months and then refused an investigation. Have managed to get a Care and Treatment Report (aka SUI Investigation) almost 6 years after my sons death. Of course not "Independent" and whitewashed but we got it published and can use as evidence of untenable complaints process.
Did you see the Health Select Committee's findings in the report following the Complaints and Litigation Inquiry (which I and others gave evidence to) :http://www.parliament.uk/business/commit...

PHSO response:http://www.ombudsman.org.uk/about-us/med....
Thanks for advice on NHSBSA...will follow up.

Link to this

Things to do with this request

Anyone:
Parliamentary and Health Service Ombudsman only: