ReportsBreaches of MCA 2005

Sylvia Rushbrooke made this Rhyddid Gwybodaeth request to Healthwatch Wandsworth

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Roedd y cais yn rhannol lwyddiannus.

Dear Healthwatch Wandsworth,
Please advise who to report breaches and abuse of the MCA 2005 to in Wandsworth?
Who enforces this Act and how in Merton ?

How to report and to whom - a Wandsworth CCG member GP for breach of their own CCG constitution due to ignoring patients rights under the MCA 2005

Who is the current MCA lead for wandsworth CCG and contact details

Yours faithfully,

Sylvia Rushbrooke

Information Healthwatch Wandsworth, Healthwatch Wandsworth

Thank you for contacting the Healthwatch Wandsworth Information and
Signposting Service.

If you have sent us a health or social care related query, we aim to
provide an initial response (acknowledgement) to your email within 5
working days. We aim to provide a full response to your query within 28
working days from the day the query is received. However, it may take
longer depending on the query.

 

In the meantime, if you require urgent help, you can contact the
organisations listed below, for further assistance.

 

 

POhWER

If you are unhappy with the care or treatment you have received from the
NHS, and would like help to make a complaint, POhWER can help. They
provide guidance, information and advocacy to help people get matters put
right.

 

Telephone: 0203 553 5960

Email: [1][email address]

Letter: London IHCAS Advocacy Hub, POhWER, Hertlands House, Primett Road,
Stevenage, Hertfordshire, SG1 3EE

Website: [2]https://www.pohwer.net/Wandsworth

 

 

VoiceAbility

If you live in Wandsworth and need support to tell people what you want,
and to understand your rights, you can contact VoiceAbility. They provide
advocacy for people who may be vulnerable and need support to speak up
about their care needs.

 

Telephone: 020 7924 7772

Email: [3][email address]

Letter: VoiceAbility, Unit B102, Trident Business Centre, 89 Bickersteth
Road, Tooting, London, SW17 9SH

Website:
[4]https://www.voiceability.org/services/lo...

 

 

Wandsworth Wellbeing Hub

For guidance and help to find organisations and services to support your
health and wellbeing needs, you can contact the Wandsworth Wellbeing Hub.

 

Telephone: 020 3880 0366  (Monday to Friday, 9am to 5pm)

Email: [5][email address] 

Letter: Wandsworth Wellbeing Hub, 120 The Broadway, Wimbledon, London,
SW19 1RH​

Website: [6]https://www.wandsworthccg.nhs.uk/hub 

 

 

Wandsworth Adult social care

If you, or someone you know, have / has care and support needs, and you
need information and help, you can speak to Wandsworth Adult Social
Services. Adult social services provides information and help to adults
who have difficulty with everyday things.

 

Telephone: 020 8871 7707  (Monday to Friday, 9am to 5pm)

Email: [7][email address] 

Letter: Adult Social Care and Public Health, The Town Hall, Wandsworth
High Street, London, SW18 2PU

Website:
[8]https://www.wandsworth.gov.uk/health-and...

 

Emergency out of hours

Please contact the switchboard on 020 8871 6000 and ask for the emergency
social worker.

 

 

Children and families

If you need information on the activities and support services that may be
available to you and your family, you can contact THRIVE Online
(previously known as the Family Information Service).

THRIVE Online provides information and assistance to parents, children,
young people and professionals on support services and activities for the
0-19 years age group (25 if the young person has a special need).

 

Telephone: 020 8871 7899  (Monday to Friday, 9am to 5pm)

Email: [9][email address] 

Letter: THRIVE Online, THE 4, Wandsworth Town Hall, Wandsworth High
Street, London, SW18 2PU

Website: [10]https://thrive.wandsworth.gov.uk/kb5/wan...

References

Visible links
1. mailto:[email address]
2. https://www.pohwer.net/Wandsworth
3. mailto:[email address]
4. https://www.voiceability.org/services/lo...
5. mailto:[email address]
6. https://www.wandsworthccg.nhs.uk/hub
7. mailto:[email address]
8. https://www.wandsworth.gov.uk/health-and...
9. mailto:[email address]
10. https://thrive.wandsworth.gov.uk/kb5/wan...

Dear Healthwatch Wandsworth,
Thank you
Perhaps you did not understand the questions?

I don't need information on how to make a complaint and that was not the question
POhWER

If you are unhappy with the care or treatment you have received from the
NHS, and would like help to make a complaint, POhWER can help. They
provide guidance, information and advocacy to help people get matters put
right.

Re the below I know my rights please re read the questions asked
I don't need advocacy too late for that our mum is dead because her rights were ignored and abused for years I wish to find out who is reaponsible for lack of compliance re the MCA 2005 and other Acts
VoiceAbility

If you live in Wandsworth and need support to tell people what you want,
and to understand your rights, you can contact VoiceAbility. They provide
advocacy for people who may be vulnerable and need support to speak up
about their care needs.

Yours faithfully,

Sylvia Rushbrooke

Information Healthwatch Wandsworth, Healthwatch Wandsworth

Thank you for contacting the Healthwatch Wandsworth Information and
Signposting Service.

If you have sent us a health or social care related query, we aim to
provide an initial response (acknowledgement) to your email within 5
working days. We aim to provide a full response to your query within 28
working days from the day the query is received. However, it may take
longer depending on the query.

 

In the meantime, if you require urgent help, you can contact the
organisations listed below, for further assistance.

 

 

POhWER

If you are unhappy with the care or treatment you have received from the
NHS, and would like help to make a complaint, POhWER can help. They
provide guidance, information and advocacy to help people get matters put
right.

 

Telephone: 0203 553 5960

Email: [1][email address]

Letter: London IHCAS Advocacy Hub, POhWER, Hertlands House, Primett Road,
Stevenage, Hertfordshire, SG1 3EE

Website: [2]https://www.pohwer.net/Wandsworth

 

 

VoiceAbility

If you live in Wandsworth and need support to tell people what you want,
and to understand your rights, you can contact VoiceAbility. They provide
advocacy for people who may be vulnerable and need support to speak up
about their care needs.

 

Telephone: 020 7924 7772

Email: [3][email address]

Letter: VoiceAbility, Unit B102, Trident Business Centre, 89 Bickersteth
Road, Tooting, London, SW17 9SH

Website:
[4]https://www.voiceability.org/services/lo...

 

 

Wandsworth Wellbeing Hub

For guidance and help to find organisations and services to support your
health and wellbeing needs, you can contact the Wandsworth Wellbeing Hub.

 

Telephone: 020 3880 0366  (Monday to Friday, 9am to 5pm)

Email: [5][email address] 

Letter: Wandsworth Wellbeing Hub, 120 The Broadway, Wimbledon, London,
SW19 1RH​

Website: [6]https://www.wandsworthccg.nhs.uk/hub 

 

 

Wandsworth Adult social care

If you, or someone you know, have / has care and support needs, and you
need information and help, you can speak to Wandsworth Adult Social
Services. Adult social services provides information and help to adults
who have difficulty with everyday things.

 

Telephone: 020 8871 7707  (Monday to Friday, 9am to 5pm)

Email: [7][email address] 

Letter: Adult Social Care and Public Health, The Town Hall, Wandsworth
High Street, London, SW18 2PU

Website:
[8]https://www.wandsworth.gov.uk/health-and...

 

Emergency out of hours

Please contact the switchboard on 020 8871 6000 and ask for the emergency
social worker.

 

 

Children and families

If you need information on the activities and support services that may be
available to you and your family, you can contact THRIVE Online
(previously known as the Family Information Service).

THRIVE Online provides information and assistance to parents, children,
young people and professionals on support services and activities for the
0-19 years age group (25 if the young person has a special need).

 

Telephone: 020 8871 7899  (Monday to Friday, 9am to 5pm)

Email: [9][email address] 

Letter: THRIVE Online, THE 4, Wandsworth Town Hall, Wandsworth High
Street, London, SW18 2PU

Website: [10]https://thrive.wandsworth.gov.uk/kb5/wan...

References

Visible links
1. mailto:[email address]
2. https://www.pohwer.net/Wandsworth
3. mailto:[email address]
4. https://www.voiceability.org/services/lo...
5. mailto:[email address]
6. https://www.wandsworthccg.nhs.uk/hub
7. mailto:[email address]
8. https://www.wandsworth.gov.uk/health-and...
9. mailto:[email address]
10. https://thrive.wandsworth.gov.uk/kb5/wan...

Information Healthwatch Wandsworth, Healthwatch Wandsworth

Hello Sylvia,

Thank you for getting in touch. I must apologise for the delayed reply, I am picking up the emails now for a colleague who is now out of the office.

We are making enquiries to find out the information you have requested and hope to be in touch soon.

With best wishes,

Sarah

dangos adrannau a ddyfynnir

Information Healthwatch Wandsworth, Healthwatch Wandsworth

Hello Sylvia,

Thank you for getting in touch. I must apologise for the delayed reply, I am picking up the emails now for a colleague who is now out of the office.

We are making enquiries to find out the information you have requested and hope to be in touch soon.

With best wishes,

Sarah

dangos adrannau a ddyfynnir

Dear Sylvia,

I hope this email finds you well.

I have now received the information needed to answer your questions as below:

Your question: Please advise who to report breaches and abuse of the MCA 2005 to in Wandsworth?
Answer: If it’s a complaint – then it should come to the Complaints Team at [email address]

Your question: Who enforces this Act and how in Merton?
Answer: The NHS Freedom of Information team advised that you can contact the department directly on the following email: [email address]

Your question: How to report and to whom - a Wandsworth CCG member GP for breach of their own CCG constitution due to ignoring patients rights under the MCA 2005.
Answer: GP complaints should either be to the Practice or to NHSE at [email address] (Stating: ‘For the attention of the complaints team’ in the subject line)

Your question: Who is the current MCA lead for wandsworth CCG and contact details?
Answer: We have been signposted to the above contacts and do not have a named contact.

I hope that you find this information helpful.

With best wishes,

Sarah

dangos adrannau a ddyfynnir

Dear Sarah Cook,

I have your reply as below however it is still unclear who reports to who where

Dear Sylvia,
Your question: Please advise who to report breaches and abuse of the MCA 2005 to in Wandsworth?
Answer: If it’s a complaint – then it should come to the Complaints Team at [email address]
I have not asked about complaints - I have asked about who to report breaches to of the MCA 2005 i0n Wandsworth - complaints taakes too long and if its breaches regarding a person who lacks capacity the breaches are time specific and usually urgent a breach would be non complaince of the Act that would need correcting at the time ...

Your question: Who enforces this Act and how in Merton?
Answer: The NHS Freedom of Information team advised that you can contact the department directly on the following email: [email address]
What department? where? the MCA 2005 implementation is down to the relevant MCA lead in whatever organisation ?

Your question: How to report and to whom - a Wandsworth CCG member GP for breach of their own CCG constitution due to ignoring patients rights under the MCA 2005.
Answer: GP complaints should either be to the Practice or to NHSE at [email address] (Stating: ‘For the attention of the complaints team’ in the subject line)
I did not ask about GP complaints I asked about reporting breach of CCG constitution the GP is signed up to - this would be a ccg issue to ensure compliance of its own members with its own constitution

Your question: Who is the current MCA lead for wandsworth CCG and contact details?
Answer: We have been signposted to the above contacts and do not have a named contact.
Healthwatch would have access to facilatete the answer to this questions as you liaise between ccg LA etc ?

Yours sincerely,

Sylvia Rushbrooke

Thank you for your email. I am out of the office until Monday 20th July
2020. I will try respond to you as soon as possible on my return.

Hello Sylvia,

Further to your last email, unfortunately we do not hold any further information or contacts to answer your additional questions below.

We have been given the contacts mentioned in my last email to try and signpost you to the information you requested as we do not hold any further information. The NHS Freedom of Information team and the local complaints team that I referred to should be able to answer the specific questions. We have not been given a further contact specific to the Mental Health Capacity Act since the CCG has been in transition from 5 borough CCGs (including Merton and Wandsworth CCGs) to a single South West London CCG and coronavirus emergency arrangements.

However, one final contact that may relate to your query could be the designated Safeguarding Adults Lead for Merton and Wandsworth, Marino Latour: http://www.wandsworthccg.nhs.uk/aboutus/....

With best wishes,

Sarah

dangos adrannau a ddyfynnir

Gadawodd Sylvia Rushbrooke anodiad ()

It is clear that healthwatch do not know who the MCA leads are for the various CCGs in this area - all of which have been almagamated seemingly enabling bypassing the DH directive that each CCG must have a MCA lead - so now 5 CCGs all together and seemingly only one MCA lead to ensure MCA compliance in all 5 CCGs and to ensure compliance of contracted services by the CCGs - in addition the MCA lead is not called the MCA lead further hiding this position from service users - and calling them adult safeguarding lead nurses - making such a position even less visible to service users and getting further away from compliance of the Act rather than closer - an Act that has been in place since 2007 - no where to report breaches of the Act by authorities and contracted services and none of the signposting agencies knowing where and how such serious breaches are dealt with - leaving our most vunerable with lack of rights upheld or complied with and abuse of rights/persons under the Act left unaddressed and no one to report to - and no one seems to care

Sylvia Rushbrooke

Dear Sarah Cook,
As Healthwatch is supposed to work closely with service users and you work closely with the authorities who pay for your serfvice
I would expect the response to questions asked to be very easy for you to ask the LA or any other organisation you might deal with regarding reporting of such breaches and abuse of rights of service users who lack capacity and cannot follow the advice you have sent re complaints etc as they are reliant on others to help them on such abuse matters.
My initial questions were:
Please advise who to report breaches and abuse of the MCA 2005 to in Wandsworth?
If a service user or welfare attorney reports to your org suhc abuse - who would you report such abuse to ? or are you saying you would not and would tell a person who lacks capacity to make a complaint elsewhere - healthwatch is as I understand supposed to alert such issues raised with them?

Who enforces this Act and how in Merton ?

How to report and to whom - a Wandsworth CCG member GP for breach of their own CCG constitution due to ignoring patients rights under the MCA 2005

Who is the current MCA lead for wandsworth CCG and contact details

Yours sincerely,

Sylvia Rushbrooke

Sarah Cook,

Hello Sylvia,

 

I have attempted to answer your further questions below where we have any
further information, I have checked again if there are any additional
contacts to mention. I’ve tried to refer to earlier answers and questions
for convenience.

 

Your question 25^th June & 7^th September: How to report and to whom - a
Wandsworth CCG member GP for breach of their own CCG constitution due to
ignoring patients rights under the MCA 2005.

Answer 25^th June: GP complaints should either be to the Practice or to
NHSE at [email address]  (Stating: ‘For the attention of the
complaints team’ in the subject line)

 

Your question 25^th June & 7^th September: Who enforces this Act and how
in Merton?

Answer 25^th June: The NHS Freedom of Information team advised that you
can contact the department directly on the following email:
[email address]

 

Your question 25^th June & 7^th September: Who is the current MCA lead for
Wandsworth CCG and contact details?

Answer 25^th June: We have been signposted to the above contacts and do
not have a named contact.

Further answer on 29^th June: one final contact that may relate to your
query could be the designated Safeguarding Adults Lead for Merton and
Wandsworth, Marino Latour:
[1]http://www.wandsworthccg.nhs.uk/aboutus/...

Answer 29^th September: The link above doesn’t appear to be working any
more. Here are new links with Marino’s details
[2]https://www.swlondon.nhs.uk/ourwork/70-s...
and   [3]https://swlondonccg.nhs.uk/your-health/l...

 

Your questions 25^th June: Please advise who to report breaches and abuse
of the MCA 2005 to in Wandsworth?

Answer 25^th June: If it’s an NHS complaint – then it should come to the
Complaints Team at [4][email address]

Your email of the 7^th September asks about contacts at the local
authority.

Answer 29^th September: A concern would be raised with the Access Team as
a Safeguarding Concern. This would be the route that we would raise a
concern too.

You can either refer [5]online or via 020 8871 7707 /
[6][email address]

 

Your question 7^th September: If a service user or welfare attorney
reports to your org suhc abuse - who would you report such abuse to ? or
are you saying you would not and would tell a person who lacks capacity to
make a complaint elsewhere - healthwatch is as I understand supposed to
alert such issues raised with them?

Answer 29^th September: We would raise a concern with the Access Team as
above.

 

With best wishes,

 

Sarah

 

dangos adrannau a ddyfynnir