Right Of The Complainant To Turn To The Secretary Of State For Intervention - submitted again november 2020

Response to this request is long overdue. By law, under all circumstances, Department of Health and Social Care should have responded by now (details). You can complain by requesting an internal review.

Dear Department of Health and Social Care,

This is not a new query. Unable to secure response, I'm sending it again. No inconvenience intended:

13 December 2017 Delivered
Dear Department of Health,

The police explain that if I am not happy with the care or treatment I have received or have been refused treatment, I have the right to complain, have right to have my complaint investigated and, be given a full and prompt reply. I was invited to make complaint to the Department of Health some years ago. Despite letters and email messages, the Department fails to confirm whether or not my complaint was investigated.

Trying to escalate my complaint does not help. I would guess referring it to the Ombudsman would only aggravate the situation.

Would you kindly identify any information you hold (a policy document or something else) which identifies the right of the complainant to turn to the Secretary of State for intervention where it can be shown that Department staff act deliberately to frustrate a remedy.

As a general query, does the Department recognise the difficulties some complainants face in making a complaint. Do policies exist dealing with the same?

Yours faithfully,
dominic

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

12 February 2018 Delivered

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

REASON: because it appears, the doH choose not to respond. I attach the original query.

dominic be 13 December 2017 Delivered Dear Department of Health, The police explain that if I am not happy with the care or treatment I have received or have been refused treatment, I have the right to complain, have right to have my complaint investigated and, be given a full and prompt reply. I was invited to make complaint to the Department of Health some years ago. Despite letters and email messages, the Department fails to confirm whether or not my complaint was investigated. Trying to escalate my complaint does not help. I would guess referring it to the Ombudsman would only aggravate the situation. Would you kindly identify any information you hold (a policy document or something else) which identifies the right of the complainant to turn to the Secretary of State for intervention where it can be shown that Department staff act deliberately to frustrate a remedy. As a general query, does the Department recognise the difficulties some complainants face in making a complaint. Do policies exist dealing with the same? Yours faithfully, dominic

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

Yours faithfully,
dominic be

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

25 March 2018

Our ref: DE-1119540

Dear Mr Be,

Thank you for your further correspondence of 12 February about making a complaint to the Department of Health and Social Care. I have been asked to reply and I apologise for the delay in doing so.

I note your ongoing concerns.

I also note that you also wrote to the Department on this subject on 13 December. However, there is little than I can add to my colleague Charlene Carter’s reply of 10 February (our ref: DE-1111113). I trust you have received this reply, but I enclose a copy for ease of reference underneath this email.

I hope this reply is helpful.

Yours sincerely,

Leigh Smale
Ministerial Correspondence and Public Enquiries Department of Health and Social Care

-------

Our ref: DE-1111113

Dear Mr Be,

Thank you for your correspondence of 13 December about making a complaint to the Department of Health and Social Care. I have been asked to reply and I apologise for the delay in doing so.

I was sorry to read of the difficulty you have experienced in making a complaint about the NHS service you have received. However, the way services are provided is a matter for the NHS locally. The Department of Health and Social Care does not play a role in investigating individual complaints, which must be investigated without political interference to ensure there is no question of bias. There is an NHS complaints procedure to resolve concerns and to help local NHS organisations learn from the experiences of their patients.

For hospital complaints, each hospital trust has a patient advice and liaison service (PALS) to listen to patients, their relatives and carers, answer their questions and resolve any concerns as quickly as possible. The service can also assist you in making a formal complaint should you wish to do so.

Primary care services are commissioned by NHS England. If you wish to make a formal complaint about services provided by your GP, you should write either to the practice manager or to NHS England at the following address:

Further information on making a complaint is available at the following link:

[3]www.nhs.uk/NHSEngland/complaints-and-feedback/Pages/nhs-complaints.aspx

People who experience difficulty in making complaints can contact their local branch of Healthwatch England, the national consumer champion in health and care. The contact details for local Healthwatch organisations can be found by clicking on the following link:

[4]www.healthwatch.co.uk/find-local-healthwatch

I am sorry I cannot be more directly helpful.

Yours sincerely,

Charlene Carter
Ministerial Correspondence and Public Enquiries Department of Health and Social Care

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

10 April 2018 Delivered

Dear Department of Health,
Please pass this on to the person who conducts Freedom of Information reviews. I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

REASON (Feb 2018): because it appears, the doH choose not to respond. I attach the original query. REASON (subsequent - April 2018): because the doh fails to recognise its involvement preferring to refer me to other orgs.

Thank you for your response. The Department of Health sought from me and received details of the complaint. That is to say, the DofH received the complaint and dealt with it, not the NHS or other.

My query reads: ....December 2017 Dear Department of Health, The police explain that if I am not happy with the care or treatment I have received or have been refused treatment, I have the right to complain, have right to have my complaint investigated and, be given a full and prompt reply. I was invited to make complaint to the Department of Health some years ago. Despite letters and email messages, the Department fails to confirm whether or not my complaint was investigated. Trying to escalate my complaint does not help. I would guess referring it to the Ombudsman would only aggravate the situation. Would you kindly identify any information you hold (a policy document or something else) which identifies the right of the complainant to turn to the Secretary of State for intervention where it can be shown that Department staff act deliberately to frustrate a remedy. As a general query, does the Department recognise the difficulties some complainants face in making a complaint. Do policies exist dealing with the same?....

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

Yours faithfully,
dominic be

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

8 June 2018 Delivered

Dear Department of Health and Social Care, Please pass this on to the person who conducts Freedom of Information reviews. I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

REASON of June 2018 and Feb 2018: the doH choose not to respond or have not received my message. REASON of April 2018: the doh fails to recognise its involvement preferring to refer me to other orgs.

Thank you for your response. The Department of Health sought from me and received details of the complaint. That is to say, the DofH received the complaint and dealt with it not the NHS or other.

My query reads: ....December 2017 Dear Department of Health, The police explain that if I am not happy with the care or treatment I have received or have been refused treatment I have the right to complain, have right to have my complaint investigated and, be given a full and prompt reply. I was invited to make complaint to the Department of Health some years ago. Despite letters and email messages, the Department fails to confirm whether or not my complaint was investigated. Trying to escalate my complaint does not help. I would guess referring it to the Ombudsman would only aggravate the situation. Would you kindly identify any information you hold (a policy document or something else) which identifies the right of the complainant to turn to the Secretary of State for intervention where it can be shown that Department staff act deliberately to frustrate a remedy. As a general query, does the Department recognise the difficulties some complainants face in making a complaint. Do policies exist dealing with the same?....

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

Yours faithfully,

dominic be

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

29 June 2018

Our ref: DE-1127902

Dear Mr Be,

Thank you for your correspondence of 10 April and 8 June about complaints. I have been asked to reply, and I apologise for the delay in doing so.

I was sorry to read that you were dissatisfied with the Department’s previous responses to your concerns. I should, however, make clear that the Department and its ministers cannot become involved in, or comment in detail on, individual matters. Whilst the Department takes each complaint with the seriousness it deserves, the Department and its ministers are not able intervene as this could be viewed as political bias. With this in mind, I should further clarify that it is not within the power of the Secretary of State to review or comment on the outcomes of an investigation of an individual complaint.

It is not clear from your recent correspondence what experiences have led to your dissatisfaction, but my colleague’s email of 10 February (our ref: DE-1111113), subsequently attached to our further email of 25 March (DE-1119540), details how best to raise your concerns locally. I would suggest exploring the options listed in those replies.

Finally, the Freedom of Information Act only applies to recorded information such as paper or electronic archive material. As your correspondence asked for general information, rather than requesting recorded information or documentation, it did not fall under the provisions of the Act.

I am sorry I cannot be more helpful.

Yours sincerely,

Rory Howard
Ministerial Correspondence and Public Enquiries Department of Health and Social Care

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

6 July 2018 Delivered

Dear Department of Health and Social Care,
Please pass this on to the person who conducts Freedom of Information reviews. I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'. It's a little unclear whether or not you wish to offer remedy: your message last: ..It is not clear from your recent correspondence what experiences have led to your dissatisfaction.. suggests you may be so, may I assume you'd be prepared to receive details with a view to addressing my query; to confirm whether or not my complaint was investigated (ref: check the original query of Dec 2017) F.Y.I. The DoH Whitehall received and acknowledged complaint; it was not redirected so, its a matter for you. I'll await your reply. A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
Yours faithfully,
dominic be

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

14 August 2018 Delivered

Dear Department of Health and Social Care, Please pass this on to the person who conducts Freedom of Information reviews.

Not sure you received my last message so, here it is again:

6 July 2018 Dear Department of Health and Social Care, Please pass this on to the person who conducts Freedom of Information reviews. I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'. It's a little unclear whether or not you wish to offer remedy: your message last: ..It is not clear from your recent correspondence what experiences have led to your dissatisfaction.. suggests you may be so, may I assume you'd be prepared to receive details with a view to addressing my query; to confirm whether or not my complaint was investigated (ref: check the original query of Dec 2017) F.Y.I. The DoH Whitehall received and acknowledged complaint; it was not redirected so, its a matter for you. I'll await your reply.

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

Yours faithfully,
dominic be

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

14 August 2018

Dear Mr Be,

Thank you for your email. Your correspondence of 13 December (our ref: DE-1111113), did not fall under the provisions of the Freedom of Information Act and was handled as general correspondence. It is therefore not subject to an internal review.

If you wish to complain about the response you received to DE-1111113, please address it to:

Ministerial Correspondence and Public Enquiries Unit Department of Health and Social Care 39 Victoria Street London SW1H 0EU

Telephone: 0207 210 4850 Fax: 0115 902 3202

I am sorry I cannot be more directly helpful.

Yours sincerely,

Charlene Carter
Ministerial Correspondence and Public Enquiries Department of Health and Social Care

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

11 October 2018

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

According to your latest message of 14 August 2018 (from 'FreedomofInformation, Department of Health and Social Care') my correspondence of 13 December did not fall under the provisions of the Freedom of Information Act so, it was handled as general correspondence, therefore not subject to internal review.

FYI, my query of 13 December 2017 reads:

....Dear Department of Health,

The police explain that if I am not happy with the care or treatment I have received or have been refused treatment, I have the right to complain, have right to have my complaint investigated and, be given a full and prompt reply. I was invited to make complaint to the Department of Health some years ago. Despite letters and email messages, the Department fails to confirm whether or not my complaint was investigated.

Trying to escalate my complaint does not help. I would guess referring it to the Ombudsman would only aggravate the situation.

Would you kindly identify any information you hold (a policy document or something else) which identifies the right of the complainant to turn to the Secretary of State for intervention where it can be shown that Department staff act deliberately to frustrate a remedy.

As a general query, does the Department recognise the difficulties some complainants face in making a complaint. Do policies exist dealing with the same?....

The Freedom of Information Act applies to recorded information such as paper or electronic archive material. So, accordingly I request recorded information or documentation (such as a policy document) which details (or identifies) the rights of a complainant to turn to the Secretary of State for intervention where it can be demonstrated his Department fails or frustrates administrative process for reasons unclear. The administrative process in this case being but to confirm whether or not a complaint was investigated.

I have no desire to turn to the SOS however his Department has no desire to do its job.

I respectfully ask you kindly adhere to the Act and remind you Section 16 of the same explains your obligation to provide advice and assistance.

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

Yours faithfully,
dominic be

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

15 December 2018

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

Would you kindly confirm whether or not you received my last message of October 2018. Do you plan to offer a response?

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

Yours faithfully,
dominic be

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

13 February 2019

Dear Department of Health and Social Care,

Please pass this on to the person who conducts Freedom of Information reviews. I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

According to your latest message of 14 August 2018 (from 'Freedom of Information, Department of Health and Social Care') my correspondence of 13 December did not fall under the provisions of the Freedom of Information Act so, it was handled as general correspondence, therefore not subject to internal review. My query of 13 December 2017 reads:

....Dear Department of Health, The police explain that if I am not happy with the care or treatment I have received or have been refused treatment, I have the right to complain, have right to have my complaint investigated and, be given a full and prompt reply. I was invited to make complaint to the Department of Health some years ago. Despite letters and email messages, the Department fails to confirm whether or not my complaint was investigated. Trying to escalate my complaint does not help. [&] I would guess, referring it to the Ombudsman would only aggravate the situation. Would you kindly identify any information you hold (a policy document or something else) which identifies the right of the complainant to turn to the Secretary of State for intervention where it can be shown that Department staff act deliberately to frustrate a remedy. As a general query, does the Department recognise the difficulties some complainants face in making a complaint. Do policies exist dealing with the same?....

The Freedom of Information Act applies to recorded information such as paper or electronic archive material. So, accordingly I request recorded information or documentation (such as a policy document) which details (or identifies) the rights of a complainant to turn to the Secretary of State for intervention where it can be demonstrated his Department fails or frustrates administrative process for reasons unclear. The administrative process in this case being but to confirm whether or not a complaint was investigated. I have no desire to turn to the SOS however his Department has no desire to do its job. I respectfully ask you kindly adhere to the Act and remind you Section 16 of the same explains your obligation to provide advice and assistance.

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

Yours faithfully,
dominic be

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

15 February 2019 1 Attachment
Department of Health and Social Care
FOI 1166198.pdf
25K Download View as HTML

Dear Mr Be,

Please find attached the Department of Health and Social Care's response to your recent FOI request
(our ref: FOI-1166198 ?)?

Yours sincerely,

?Maria?Reed?
Freedom of Information team Department of Health and Social Care

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

13 June 2019 Delivered

Dear Department of Health and Social Care,

Thank you for your message of February 2019 and apologies for delaying this reply.

I understand you do not hold the information so, given there exists no prescribed means to turn to the Secretary of State under the conditions identified*, I ask you but confirm whether or not you'd afford the office of the SOS sight of my query; allow them opportunity to remedy this matter? * as per previous communication of February 2019

Its noted your suggestion to turn to NHS England. Thank you however, I'd imagine its for the office of the SOS to deal with its own affairs.

Yours faithfully,
dominic be

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

28 June 2019

Our ref: DE-1179717

Dear Mr Be,

Thank you for your further correspondence of 13 June about your request for the Secretary of State’s intervention in your complaint. I have been asked to reply.

While I appreciate your continuing concerns, there is nothing I can add to my colleagues’ previous replies. This remains a matter for NHS England and I can only reiterate that you may wish to contact it directly.

I am sorry I cannot be more helpful.

Yours sincerely,
Ola Adigun
Ministerial Correspondence and Public Enquiries Department of Health and Social Care

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

4 October 2019 Delivered

Dear Department of Health and Social Care,

The Department handled the original complaint so, the Department, not NHS England, is competent to answer whether or not the complaint was investigated; it refuses to do so.

I am within my rights to direct my concerns to the SOS. The problem seems to be the Department prefers they not reach the SOS. I believe however the SOS would wish to receive my concerns.

Kindly confirm whether or not you allow me to communicate with the office of the SOS?

Yours faithfully,
dominic be

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

2 December 2019
Our ref: DE-1192726

Dear Mr Be,

Thank you for your further correspondence of 4 October about your request for the Secretary of State’s intervention in your complaint. I have been asked to reply and I apologise for the delay in responding.

I can confirm that your correspondence has been brought to the attention of the Secretary of State’s office. However, as stated in my previous replies, this remains a matter for NHS England.

I am sorry if this is not the reply that you were hoping for, but as there is nothing further that the Department can add, we must now consider this matter to be closed. Unless you raise a new question, any further letters sent to the Department on this issue will be logged but may not receive a reply.

Yours sincerely,

Ola Adigun
Ministerial Correspondence and Public Enquiries Department of Health and Social Care

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

11 December 2019 Delivered

Dear Department of Health and Social Care,

Thank you for your message.

With respect, whether or not its a matter for NHS England, the original complaint sits with you, within the Department of Health. What do you propose?

Yours faithfully,
dominic

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

10 February 2020 Delivered

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

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

Yours faithfully,
dominic be

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

5 June 2020 Delivered

Dear Department of Health and Social Care,

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

Having not secured response I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

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

Yours faithfully,
dominic be

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

10 August 2020 Delivered

Sending this again. Pleased to receive response:

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

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

Yours faithfully,
dominic be

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

28 September 2020

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention'.

Reason: I've not been able to secure response; is this a technical issue?

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

Yours faithfully,

Domenic be

Dear Department of Health and Social Care,

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

Having not secured response, I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention - submitted again november 2020'.

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

Yours faithfully,

Domenic be

FreedomofInformation, Department of Health and Social Care

Dear 'Mr Be',

I am sorry to read that you are still experiencing difficulty in pursuing your NHS complaint. However, as has been explained to you numerous times, in correspondence with you under numerous names, the Department is not able to assist you in this matter.

You have also been advised that your correspondence to the Department throughout 2020 did not meet the criteria of a freedom of information request and is therefore not subject to an internal review.

We are sorry we cannot be more helpful on this occasion. Please note that any further correspondence on this topic that is not a specific FOI request will not be logged or responded to.

Yours sincerely,

FOI Team
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention - submitted again november 2020'.

I'd refer to my original communication wherein I sought information according to the act. Subsequent communications have included follow-on queries, which I'm entitled to make given that they are made in relation to the foi query. Would you kindly address my follow-on query of December 11, 2019. Policy exists dealing with the same. All you need do is identify it.

Yours faithfully,
dominic

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

Yours faithfully,

Domenic be

FreedomofInformation, Department of Health and Social Care

Dear Dominic

Thank you for your email.

Can you please confirm the FOI reference number you are requesting the internal review.

Regards

FOI Team

show quoted sections

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention - submitted again november 2020'.

I'd refer to my original communication wherein I sought information according to the act. Subsequent communications have included follow-on queries, which I'm entitled to make given that they relate to the original query. So, would you kindly address my follow-on query of December 11, 2019. Respectfully, policy exists dealing with the same.All you need do is identify it.

If you don't care to deal with the query then don't although, would be useful were you to confirm either way.

Please note the following: a full history of my FOI request and all correspondence is available on the Internet under the following title: 'Right Of The Complainant To Turn To The Secretary Of State For Intervention - submitted again november 2020' Hope this helps

Yours faithfully,

Domenic be

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Right Of The Complainant To Turn To The Secretary Of State For Intervention - submitted again november 2020'.
Respectfully, I'd appreciate response
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Domenic be

Department of Health and Social Care

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