Dear Nursing and Midwifery Council,

In a previous FoI response you admitted the following regarding a member of the NMC using work as an HCP to remain on your register:

"In order to maintain their registration with the NMC, nurses and midwives are required to pay the registration fee annually. In addition to this, every three years they are required to declare that they have met the Prep requirements of 450 hours of registered practice* over the last 3 years and 35 hours of learning activity over the last three years by completing a Notification of Practice form (NoP). Overseas registered hours can be used to meet these requirements.

I have attached a copy of the NMC Prep Handbook for your information. It states:

'The NMC defines 'practising' as you working in some capacity by virtue of your registration as a nurse, midwife or specialist community public health nurse. Practice can include administrative, supervisory, teaching, research and managerial roles as well as providing direct patient care.'

The NMC requires nurses and midwives to use their professional judgement in determining whether the roles they are working in are utilising the skills of their qualifications and registration."

The above gives members far too much leeway, in my opinion, however, what I want to know is, do you accept that your members are working in a medical capacity when employed by Atos as HCPs?

Do you accept that Atos and its ilk will only employ your members in a medical capacity for medical assessments - bearing in mind that HCP MUST have a medical qualification and 3 years experience in their professional field in order to carry out medical assessments?

Do you accept that, therefore, in their capacity as medical professionals working for Atos, etc., as HCPs, your members are governed by your regulations - especially as they must be registered with the NMC in order to secure the job of HCP in the first place?

Do you accept that, given your members are working as medical professionals for Atos, etc., the NMC must treat all complaints about said members as if they were working for any other employer - such as the NHS, for example?

If you answer in the negative to any of the above questions please explain why and provide evidence to back up your answer.

Regarding the relationship between Atos and the NMC:

In what capacity does KPMG work for the NMC?

If handling complaints about your members from the public (which is my understanding of one of KPMG's roles in your organisation), why do you not consider this a serious conflict of interests when dealing with complaints about Atos HCPs (as Atos owns KPMG)?

Can you provide any legislation that shows a company working for the NMC is allowed to police complaints about itself and/or subsidiaries?

Member stats:

Can you provide me with the figures for the number complaints you've received about members whilst in their capacity as HCPs working for Atos, as opposed to complaints about members working for the NHS? The figures for January 2012 to December 2014 would be useful, as this ensures you would have them collated by now.

How many of those complaints about Atos and NHS members resulted in disciplinary action by the NMC?

Is lying on a medical report in order to meet targets a reason for the NMC to instigate disciplinary action against a member?

Is deliberately misrepresenting personal information on a medical report in order to meet targets a reason for the NMC to instigate disciplinary action against a member?

Finally, is the NMC concerned about the vast number of serious complaints being made against your members in their capacity as HCPs working for companies like Atos? Negligence by your members is leading to death and destitution for the most vulnerable - a situation about which you are fully aware, so please try not to fudge the issue with a disingenuous non-answer - so I'd like to know what the NMC intends to do to ensure its members behave appropriately and within the law from now on?

Yours faithfully,

H Jackson

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Foi & Dpa Request, Nursing and Midwifery Council

We acknowledge receipt of your freedom of information/data protection
request.

 

The statutory timeframe for responses are:

 

o Freedom of Information requests - 20 working days;
o Data Protection requests - 40 (calendar) days.

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

The Nursing and Midwifery Council is now using the email and file
encryption service - Egress Switch to secure sensitive information.
[1]http://www.egress.com/

 

Thank you.

 

Nursing and Midwifery Council

23 Portland Place London W1B 1PZ

 

References

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Robert Jones, Nursing and Midwifery Council

Dear Mr Jackson

 

Thank you for your email dated 24 August 2015. Our Records and Archives
team will be looking into your queries about the numbers of complaints
into registrants employed by Atos and the number which resulted in
disciplinary action and will respond separately.

 

With regards your questions around whether HCPs employed by Atos are
acting in a medical capacity, if the post they hold requires registration
with the Nursing and Midwifery Council (NMC), we would consider their
activity within that role to be subject to our regulation. Furthermore, we
would expect any registrant to act with honesty and integrity at all
times, meaning that we are not confined to taking fitness to practise
action in relation to events arising out of clinical care.

 

You have asked whether specific conduct such as lying on medical reports
to meet targets and misrepresenting personal information could result in
fitness to practise action against a registrant. Whilst every case is
looked at on its own merits, such conduct could be construed as dishonest
and as stated above, acting with honesty and integrity at all times is a
vital aspect of the Code which all registrants are obliged to adhere to.
Paragraph 20, in particular, outlines how we expect our registrants to
conduct themselves in this respect. Please see the link below for a full
copy of the Code:

 

[1]http://www.nmc.org.uk/globalassets/sited...

 

With regards our relationship with KPMG, the NMC has commissioned KPMG to
provide services in a consultancy capacity, specifically around corporate
services and organisational structure, following tender processes. Such
arrangements are common place in the public and private sector. KPMG have
not at any stage had influence or decision making responsibilities in the
management of individual fitness to practise cases or our wider policies
around how we manage them. As such we do not consider there to be a
conflict of interest.

 

Finally, you have asked whether we are concerned about the number of
complaints against registrants working as HCPs. We have robust, fair and
open fitness to practise procedures for managing complaints about
individual registrants. Whilst we are concerned to receive any complaint
about a registrant, it is our legal obligation to assess each case on its
specific evidence and circumstances.

 

I hope that this answers your queries.

 

Yours sincerely

 

 

Robert Jones

Head of Office of the Chair and Chief Executive

Office of the Chair and Chief Executive

 

Nursing & Midwifery Council

23 Portland Place

London W1B 1PZ

[2]www.nmc-uk.org

 

020 7436 2114 (fax)

020 7333 9333 (advice centre)

 

References

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1. http://www.nmc.org.uk/globalassets/sited...
2. http://www.nmc-uk.org/

Dear Nursing and Midwifery Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Nursing and Midwifery Council's handling of my FOI request 'NMC and Atos - conflict of interest'.

Whilst I did receive answers to most of my questions, some were dodged or ignored. I would therefore, like actual straightforward answers please to the following:

Member stats:

Q. Can you provide me with the figures for the number complaints
you've received about members whilst in their capacity as HCPs
working for Atos, as opposed to complaints about members working
for the NHS? The figures for January 2012 to December 2014 would be
useful, as this ensures you would have them collated by now.

Q. How many of those complaints about Atos and NHS members resulted in
disciplinary action by the NMC?

It is my understanding that if you do not have the information you must say so and explain why you cannot produce it, and why it would not be in the public interest to produce it.

I also asked:

Regarding the relationship between Atos and the NMC:

Q. In what capacity does KPMG work for the NMC?

If handling complaints about your members from the public (which is
my understanding of one of KPMG's roles in your organisation), why
do you not consider this a serious conflict of interests when
dealing with complaints about Atos HCPs (as Atos owns KPMG)?

Q. Can you provide any legislation that shows a company working for
the NMC is allowed to police complaints about itself and/or
subsidiaries?

Your answer was evasive:

With regards our relationship with KPMG, the NMC has commissioned KPMG to
provide services in a consultancy capacity, specifically around corporate
services and organisational structure, following tender processes. Such
arrangements are common place in the public and private sector. KPMG have
not at any stage had influence or decision making responsibilities in the
management of individual fitness to practise cases or our wider policies
around how we manage them. As such we do not consider there to be a
conflict of interest.

On the face of it KPMG may not have any input into official decision making... however, if KPMG staff handle calls/correspondence that involve complaints about Atos HCPs, then it may be possible for the KPMG staff to not log the complaints onto the system, for example.

Q. So, I'll ask more directly: does KPMG handle complaints at any stage of the complaints process, and in any format whatsoever, from members of the public regarding NMC members?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

H Jackson

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Foi & Dpa Request, Nursing and Midwifery Council

We acknowledge receipt of your freedom of information/data protection
request.

 

The statutory timeframe for responses are:

 

o Freedom of Information requests - 20 working days;
o Data Protection requests - 40 (calendar) days.

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

The Nursing and Midwifery Council is now using the email and file
encryption service - Egress Switch to secure sensitive information.
[1]http://www.egress.com/

 

Thank you.

 

Nursing and Midwifery Council

23 Portland Place London W1B 1PZ

 

References

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Clementine Adewunmi, Nursing and Midwifery Council

Dear Mr Jackson,

Thank you for your email in which you requested for an internal review.

Please be informed that your questions relating to the numbers of complaints into registrants employed by Atos and the number which resulted in disciplinary action, are being processed under the freedom of information Act and responses to these will be sent to you within the statutory deadline. Internal reviews can only be carried out on Freedom of Information requests. As you are yet to receive the responses to your FOI questions, I cannot carry out an internal review.

The remaining questions you asked did not fall under the Freedom of Information Act; these were responded to separately by the Head of Office of the Chair and Chief Executive , which you received 15 September 2015. If you are not satisfied with the response to those questions, please do contact the Head of Office of the Chair and Chief Executive.

In the event that you are dissatisfied with the responses to your FOI request , then you can make an appeal to me for an internal review to be carried.

Thank you
Your sincerely,

Clementine Adewunmi
Records and Archives Manager
Nursing and Midwifery Council

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Foi & Dpa Request, Nursing and Midwifery Council

H Jackson

[1][FOI #287599 email]

 

FOI/2015/329

 

22 September 2015

 

Dear Mr Jackson

 

Freedom of Information Request.

 

Thank you for your request for information from the Nursing and Midwifery
Council (NMC). Your request was received on 24 August 2015 and we are
dealing with this under the terms of the Freedom of Information Act 2000
(FOI Act).

 

You asked:

 

·        Figures for the number of complaints the NMC received about
members whilst in their capacity as HCPs working for Atos, as opposed to
complaints about members working for the NHS?

·        Figures for January 2012 to December 2014

·        How many of those complaints about Atos and NHS members resulted
in disciplinary action by the NMC?

 

 

Firstly The NMC does not hold details of the employer of each registrant
therefore we cannot provide what you have requested. We can however run
certain data as follows;

 

 

·        Referrals filtered by the place of the incident (allegation)

·        Referrals filtered by the origin of the referral (complaint)

·        And we can filter those results to show cases which have reached
a sanction at the substantive stage

·        In order to proceed with your request we are seeking clarity
under

 

Please clarify if you would like this information.

 

 

This will differ from your original question because:

 

1). Even if the place of incident is normally dealt with by Atos or the
NHS, the registrant would not necessarily be working for Atos / NHS

 

2). In addition to what is raised in point 1 (above), there may be many
hospitals and care homes that are run by the NHS which do not have “NHS”
in their title (and the same applies for Atos), so these would not be
included

 

3). Even if the referral comes from a place of work run by Atos or the
NHS, it does not mean that the respondent would necessarily be working for
Atos or the NHS.

 

As you can see from the points above, the data that we would be able to
provide will have so many flaws in it compared to your original question,
that it will almost certainly be unreliable for your purposes (namely
knowing which organisation the registrants are working for).

 

Please let us know if you would like any data based on either place of
incident or source or referral and we will be able to provide that for
you.

 

 

 

 

Yours sincerely,
 

FOI and Data Protection Team| Nursing and Midwifery Council | 23 Portland
Place London W1B 1PZ | 020 7333 9333|  [2]http://www.nmc.org.uk/

 

 

 

 

 

--------------------------------------------------------------------------

 

 

 

 

 

References

Visible links
1. mailto:[FOI #287599 email]
2. http://www.nmc.org.uk/

Dear Robert Jones,

Thank you for your response. I was satisfied with most of the information you provided... however regarding my questions:

"Regarding the relationship between Atos and the NMC:

In what capacity does KPMG work for the NMC?

If handling complaints about your members from the public (which is
my understanding of one of KPMG's roles in your organisation), why
do you not consider this a serious conflict of interests when
dealing with complaints about Atos HCPs (as Atos owns KPMG)?"

I do not think you answered the questions at all with your response:

"With regards our relationship with KPMG, the NMC has commissioned KPMG to
provide services in a consultancy capacity, specifically around corporate
services and organisational structure, following tender processes. Such
arrangements are common place in the public and private sector. KPMG have
not at any stage had influence or decision making responsibilities in the
management of individual fitness to practise cases or our wider policies
around how we manage them. As such we do not consider there to be a
conflict of interest."

Perhaps I wasn't specific enough for you. I want to know if KPMG handle calls, email, letters, etc., involving complaints about their parent company!

I did actually response to your answer with:

On the face of it KPMG may not have any input into official
decision making... however, if KPMG staff handle
calls/correspondence that involve complaints about Atos HCPs, then
it may be possible for the KPMG staff to not log the complaints
onto the system, for example.

Q. So, I'll ask more directly: does KPMG handle complaints at any
stage of the complaints process, and in any format whatsoever, from
members of the public regarding NMC members?

However, a person from the FoI department referred the question back to you for an answer. I'd be grateful if you could now answer the questions unequivocally and in plain English.

Yours sincerely,

H Jackson

Robert Jones, Nursing and Midwifery Council

Dear Mr Jackson

Thank you for your email. I am sorry if my previous response was not entirely clear. To confirm, KPMG does not handle complaints at any stage of the complaints process, in any format whatsoever, from members of the public or any other body, about NMC members.

I hope this is helpful.

Yours sincerely

Robert Jones
Head of Office of the Chair and Chief Executive
Office of the Chair and Chief Executive
 
Nursing & Midwifery Council
23 Portland Place
London W1B 1PZ
www.nmc-uk.org
 
020 7436 2114 (fax)
020 7333 9333 (advice centre)

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Gadawodd Peter Mcdade anodiad ()

"With regards our relationship with KPMG, the NMC has commissioned KPMG to provide services in a consultancy capacity, specifically around corporate services and organisational structure, following tender processes. Such arrangements are common place in the public and private sector. KPMG have not at any stage had influence or decision making responsibilities in the management of individual fitness to practise cases or our wider policies around how we manage them. As such we do not consider there to be a conflict of interest."

Why was no mention made of KPMG's advisory capacity in Fitness to Practice Process ?

From Minutes of 2011 NMC meeting page 5 article 31.
"KPMG have been brought in to help prepare to bring investigations in house and recruit for the Edinburgh office. They have already had a number of useful meetings with staff in FtP and will begin the formal consultation phase shortly. FtP has organised a project group to support their work, andKPMG will be providingthe group regular updates"

The original source has been removed from NMC web page, is this standard practice ?
http://www.nmc-uk.org/Documents/CouncilP...

Regards,
Peter.

Gadawodd rachel anodiad ()

Most members of the public who have been through a 'health assessment' with ATOS would be shocked to learn their assessor was a nurse. If there have been limited complaints it would only be for this reason. I as a registered nurse of 30 years am shocked! Having been a witness at an nmc hearing , there was a record of the employer where the incident took place (my hospital) and the agency from where the nurse involved had come from . It must be possible to filter by employer .I am very surprised that registrants worked in this role I would have thought the very nature of the process is would conflict with nmc code of conduct , that would be my understanding.

Gadawodd C Robinson anodiad ()

It is common knowledge that the NMC do not care what their registered nurses/midwives do when employed by ATOS et al, because of their conflict of interest with KPMG [part of ATOS]

I complained about an ATOS nurse that found my profoundly-disabled relative "fit" for work , she NEVER even did the WCA and lied like a second-hand car dealer on his report. The NMC couldn't deny the malpractice of the ATOS nurse so they launched into her defence by stating that she is NOT a practicing nurse, but a disability analyst - even though she needed medical qualifications to work as a HCP for ATOS.

The relationship between ATOS & the NMC is obviously corrupt to the core and if the NMC want to take issue with me over this annotation, please be advised I have all the proof to back up my statement.

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