MCA lead and job description

Sylvia Rushbrooke made this Rhyddid Gwybodaeth request to NHS Merton Clinical Commissioning Group

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai NHS Merton Clinical Commissioning Group fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear NHS Merton Clinical Commissioning Group,

As per the following NHS document
https://www.scie.org.uk/files/mca/direct...
Commissioner MCA and DoLS responsibilities checklist Version1.605/02/2016

A commissioner checklist to clearly outline CCG and CCG MCA leadresponsibilities for ensuring MCA compliance has therefore been developed.
2
It is important commissioners have an oversight that residents in their area are being treated in accordance with the MCA.

5. CCG responsibilities - CCGs are required to:
☐Have a named responsible CCG MCA lead in place, who is appropriately trained1

Please supply the name and contact details of that person or any other person acting in that MCA lead current role ?

☐Have an MCA/DoLS policy or assurance frame work in place

Please supply the policy and assurance framework referred to above currenlty and what was in place in 2015 and 2016?

Please supply your MCA lead job description and roles and responsibilities?

7.1.1 Contract monitoring
☐Ensure all services commissioned by the CCG have contracts in place with MCA expectations in service level agreements

Please send a sample of the expectations laid out in service level agreements in relation to above?

7.2.1 Quality assurance
☐Collect evidence from providers thatshowsthey are fully compliant with the MCA/DoLS
How does the CCG collect the referred to evidence and what is the evidence required

7.2.2 Policies and procedures
☐Check provider MCA/DoLS policies and procedures
How is the above achieved and how often is it checked for compliance?

7.3.1 MCA support
☐Ensure service users and carers have access toMCA/DoLSinformation
How is this done ?
where can I find access to MCA information in your CCG?

7.3.2 Quality assurance
☐Collect patient and carer MCA feedback
How are patients MCA feedback obtained?
and how and where do I give feedback to as a service user/carer?

What is the penalty for contracted services who fail to comply with safeguarding requirements included within service specifications and quality schedules. ?

CCGs require a high level of knowledge on the legislation across their organisation and need to know how to seek assurances from their providers that they both understand the legislation and are operating within its framework.

How is this implemented and enforced with contracted services ?

Please supply any reports etc that evidence the involvement of clinical governance processes in best interests decision-making demonstrating how the guidance given in the Code is being applied in practice.?

Please provide any policy valid in 2016 nd currently relating to National Patient Safety RapidResponse Report: NPSA/2008/RRR011, “Reducing Risk of overdose with midazolam injection in adults’’ available at http://www.npsa.nhs.uk

Yours faithfully,

Sylvia Rushbrooke

Foi (NHS NEL CSU), NHS Merton Clinical Commissioning Group

Dear Ms Rushbrooke,

RE: Freedom of Information Request

I am writing to formally acknowledge your request for information regarding MCA Lead and Job Description, which will be processed under the Freedom of Information Act 2000. I can confirm your request was received on 02 February 2019 by NEL on behalf of the Clinical Commissioning Groups (CCGs) listed below. The references for your requests are shown alongside.

FOI.18.MERT228 NHS Merton CCG

An initial investigation is currently taking place into whether the information you have requested is held by the CCGs and if so, whether it can be released in accordance with the legislation.

Any fees applicable to this request will be detailed in writing as soon as they can be determined. Your request will then be placed on hold and you will have the choice of whether to proceed with your request. Should any clarification of your request be required we will advise you accordingly.

If you require any assistance, or would like to discuss your request, please do not hesitate to contact us quoting the reference number above.

Yours sincerely,

Freedom of Information Team
NEL
[NHS Merton CCG request email]

Lower Marsh, 3rd Floor
Waterloo, London, SE1 7NT

www.nelcsu.nhs.uk
@NELCSU
LinkedIn

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Foi (NHS NEL CSU), NHS Merton Clinical Commissioning Group

2 Atodiad

Dear Ms Rushbrooke,

Please see the attached response to your recent Freedom of Information request on the behalf of NHS Merton Clinical Commissioning Group.

Kind regards,

Freedom of Information Team
NEL
[NHS Merton CCG request email]

1 Lower Marsh, 3rd Floor
Lower Marsh, London SE1 7NT

www.nelcsu.nhs.uk
@NELCSU
LinkedIn

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Sylvia Rushbrooke

Dear Foi (NHS NEL CSU),

Many thanks for the information - however there is nothing I can see in the job description supplied that refers to the duties and responsibilities of the MCA lead role or about that role ensuring that the service and contracted services comply with the MCA 2005 or how etc nor any information on the public reporting breach of MCA 2005 matters to the MCA lead or how the public are to access the MCA lead for guidance advice and related to the organisation the MCA lead is employed by

The MCA lead I believe is supposed to be publically accessible how is this possible when the role seems to be hidden under another completely different role - who do the public identify the MCA lead who is responsible for its organisations and copnntracted workers complaince

Care homes are often CCG contracted services who often fail to comply with the MCA 2005 - please confirm if the CCG MCA lead is dealing with such breaches and how ?

Other docs supplied I cannot see anywhere that states since 2008 as directed by the DH it is obligatory to record any best interest decsiokjnns and thier rationale

Nor can I see anywhere that states that the welfare attorney must be spoken to as if the donor and that the welfare attorney is the decision maker for all non emergency care and treatment decisions
Or that DOLS conditions must be complied with or who enforces the DOLS conditions etc

I can also find no information as to how the CCG investigates or ensures compliance of its constitution that all their GPs sign up to ?
or how such breaches by their members of their constitution is dealt with by the CCG?

Yours sincerely,

Sylvia Rushbrooke

Foi (NHS NEL CSU), NHS Merton Clinical Commissioning Group

Dear Ms Rushbrooke,

NHS Merton CCG was dissolved on 1 April 2020 and is no longer a statutory organisation so we will be unable to process this request for you.

The area is now covered by NHS South West London (SWL) CCG, a new statutory organisation created as a result of the ‘merging’ of 6 CCGs across South west London. Please confirm if you would like to log this request for SWL CCG?

Kind regards

Freedom of Information Team
NEL
[NHS Merton CCG request email]

Lower Marsh, 3rd Floor
Waterloo, London, SE1 7NT

www.nelcsu.nhs.uk
@NELCSU
LinkedIn

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Sylvia Rushbrooke

Dear Foi (NHS NEL CSU),
Yes please pass to the appropriate authority to deal with thos long overdue request

Yours sincerely,

Sylvia Rushbrooke

Foi (NHS NEL CSU), NHS Merton Clinical Commissioning Group

Dear Ms Rushbrooke

 

RE: Freedom of Information Request

 

I am writing to formally acknowledge your request for information
regarding MCA and DOLs responsibilities which will be processed under the
Freedom of Information Act 2000. I can confirm your request was received
on 31 May 2020 by NEL on behalf of the Clinical Commissioning Groups
(CCGs) listed below. The references for your requests are shown alongside.

 

NHS
South
West
London
FOI.20.SWL021 CCG

 

An initial investigation is currently taking place into whether the
information you have requested is held by the CCGs and if so, whether it
can be released in accordance with the legislation.

 

Any fees applicable to this request will be detailed in writing as soon as
they can be determined. Your request will then be placed on hold and you
will have the choice of whether to proceed with your request. Should any
clarification of your request be required we will advise you accordingly.

 

As you know, the NHS across the country is facing unprecedented challenges
during the coronavirus (Covid-19) pandemic, and is working hard to ensure
that the appropriate care can be delivered to patients.  As such, we would
like to advise that we may not be able to provide a response to your
request within the normal timescales required of us. If this is the case,
a further update will be provided to you in due course.

 

If you require any assistance, or would like to discuss your request,
please do not hesitate to contact us quoting the reference number above.

 

 

 

Yours sincerely,

 

Freedom of Information Team
NEL
[1][NHS Merton CCG request email] 

 

Lower Marsh, 3^rd Floor
Waterloo, London, SE1 7NT

  

[2]www.nelcsu.nhs.uk 

[3]@NELCSU 

[4]LinkedIn 

LinkedIn 

 

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Dear Foi (NHS NEL CSU),
Thank you for the update - it seems the buck has bene passed yet again
FYI
https://www.scie.org.uk/files/mca/direct...

5. CCG responsibilities
CCGs are required to:
☐Havea named responsible CCG MCA lead in place, who is appropriately trained - but fails on all fronts to ensure complaince of the ACT by anyone they come into contact with ...
☐Have an MCA/DoLS policy or assurance framework in place - but zero compliance it seems ?
☐Deliver or commission mandatory MCA/DoLS training for all commissioners

6. MCA lead responsibilities
The CCG MCA lead is required to ensure that:
☐Health care services provided within the CCG's geographical area demonstrate compliance with the MCA(see section 8 for how services should demonstrate compliance) - The MCA leads are firstly invisible to the public as CCGs and other hide access and contact with them - therefore breaches are kept away from MCA lead who do not enusre compliance even in their own organisation
2☐Services the CCG commissions/joint commissions/co-commissions for people aged over 16 demonstrate compliance with the MCA.This can include services provided outside the CCGs area - the CCG never required our mums care home to comply wiht the MCA 2005 or CQC standards both lots of breaches broght to their attention repeatedly - in relation to GPs care homes and the CCG themselves including their NHS funding assessors and many other staff involved in our mothers care - all bypassed the welfare attorney whenever they wished and ignored the fact the MCA 2005 is very clear that the welfare attorney must be spoken to as if the donor

7.1.1 Contract monitoring
☐Ensure all services commissioned by the CCG have contracts in placewith MCA expectations in service level agreements - expectations zero complaince
☐Ensure all contracts include the appropriate MCA/DoLS requirementswithin quality monitoring mechanisms and qualitymonitoring elements (see section 8) - no one ensured the managing authority complied with DOLS conditions as they failed to ensure no abuse and neglect took place reported repeatedly and ignored by all

Our mothers care was supplied by the Wandsworth CCG - there were multiple reports of breach of MCA 2005 reported to all involved including the GP care home and the CCG - no compliance

I am writing to formally acknowledge your request for information
regarding MCA and DOLs responsibilities which will be processed under the
Freedom of Information Act 2000. I can confirm your request was received
on 31 May 2020 by NEL on behalf of the Clinical Commissioning Groups
(CCGs) listed below.

I see no CCGs listed below ?

Our mum was funded by Wandsworth CCG who failed to comply or ensure complaince of MCA 2005 and CQC standards by all involved in our mothers care - inc the Merton CCG GP - the care homes involved in the abuse and negelct that they funded and refused to address such breaches including breaches of DOLS conditions by all managing authorities and their own common breaches of MCA 2005 NHS choices and DOLS conditions

Merton CCG failed to ensure their GP member complied with MCA 2005 and failed to address such complaints and also failed to comply with DOLS conditions and failed to complete as agreed a serious safeguaring adult investigatin and failed to ensure the actions agreed during that investigation were carried out by Merton employees who aslo abuse our mums rights and MCA 2005 rights and also bypassed welfare attorney in relation to the safeguardings held re our mums abuse and neglect

Kingston CCG failed to ensure Kingston hospital complied with DOLS conditions or MCA 2005 - and have failed to deal with such issues and complaints ever since - ignored as usual

All the above are obliged to have MCA leads to ensure compliance of the MCA 2005 - but all fail to make such persons visible to the public who need to report such blatant constant breaches on all levels that are never addressed

The references for your requests are shown alongside.

Yours sincerely,

Sylvia Rushbrooke

Dear Foi (NHS NEL CSU),

Please pass to SWL CCG - so Merton CCG of course do not have to deal with any of the abuse neglect they have ignnored for more than 3 years and their MCA lead whoever it was ignored all the MCA 2005 breaches committed by them and contracted services - their own GP members
I believe it is obligatory by the DH for CCGs to have a MCA lead please advise who is that persons and contact details for the new SWL CCG?

just another excuse for another delay

Yours sincerely,

Sylvia Rushbrooke

Foi (NHS NEL CSU), NHS Merton Clinical Commissioning Group

Dear Sylvia

 

Please could you clarify on the nature of breach per your question below.

 

1.       I can also find no information as to how the CCG investigates or
ensures compliance of its constitution that all their GPs sign up to? or
how such breaches by their members of their constitution is dealt with by
the CCG?

 

 

From: Foi (NHS NEL CSU)
Sent: 02 June 2020 11:14
To: 'Sylvia Rushbrooke' <[FOI #549517 email]>
Subject: Request acknowledged

 

Dear Ms Rushbrooke

 

RE: Freedom of Information Request

 

I am writing to formally acknowledge your request for information
regarding MCA and DOLs responsibilities which will be processed under the
Freedom of Information Act 2000. I can confirm your request was received
on 31 May 2020 by NEL on behalf of the Clinical Commissioning Groups
(CCGs) listed below. The references for your requests are shown alongside.

 

NHS
South
West
London
FOI.20.SWL021 CCG

 

An initial investigation is currently taking place into whether the
information you have requested is held by the CCGs and if so, whether it
can be released in accordance with the legislation.

 

Any fees applicable to this request will be detailed in writing as soon as
they can be determined. Your request will then be placed on hold and you
will have the choice of whether to proceed with your request. Should any
clarification of your request be required we will advise you accordingly.

 

As you know, the NHS across the country is facing unprecedented challenges
during the coronavirus (Covid-19) pandemic, and is working hard to ensure
that the appropriate care can be delivered to patients.  As such, we would
like to advise that we may not be able to provide a response to your
request within the normal timescales required of us. If this is the case,
a further update will be provided to you in due course.

 

If you require any assistance, or would like to discuss your request,
please do not hesitate to contact us quoting the reference number above.

 

 

 

Yours sincerely,

 

Freedom of Information Team
NEL
[1][NHS Merton CCG request email] 

 

Lower Marsh, 3^rd Floor
Waterloo, London, SE1 7NT

  

[2]www.nelcsu.nhs.uk 

[3]@NELCSU 

[4]LinkedIn 

LinkedIn 

 

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