A Pharmacist alerted to Neglect and Abuse of a vulnerable adult

The request was partially successful.

Dear General Pharmaceutical Council,
In April 2014, , I alerted Morrisons Pharmacist and Manager that I was being subjected to neglect and abuse, whilst she was carrying out a Medicines Use Review.
I met with her again a week later, and was told only she had spoken with another GP at my GPs Practice.
I wrote asking for details of her duties and responsibilities to me and if the neglect and abuse I had reported was being dealt with - the letter was handed in to the pharmacy.
As a further month has gone by, and we are now into June and no one from the pharmacy, or Morrisons or the GP surgery have contacted me to update me or inform me of any actions they may or may not have taken , and this is making me feel worse so I need to make an FOI request to get any response !

Within the rules, regulations, policies and procedures you have, I wish to see the documents you hold , and that apply to this matter, in that after being alerted during an MUR that a patient, well known for many years to the pharmacist
manager - who she knows to be diagnosed with PTSD and a number of other very serious illnesses that she has dispensed prescribed medicines to for many years, and is disabled and known to be ' an adult at risk ' ( vulnerable )
please provide me with the documents that will show me the timescales and course of actions that should have been taken after she was made aware of my being harmed ?
Due to my ill health and considerable stress I am suffering due to this and many other incidents,which is further harming me and leading to a deterioration of my health and wellbeing, would you please be kind enough to direct me to and highlight for me on the relevant pages, the information I am seeking relevant to this matter.
Please ensure I receive as much information as exists .
Would you also provide me with details of the required timescales for a Pharmacist Manager to deal with the Safeguarding Alert/ Concern, and with my correspondence seeking help ? ( I live in Wiltshire ).
In light of my frail and worsening ill health due to these incidents, may I ask for a ' reasonable adjustment ' to be made please for an early full response to be given , along with any help you may be able to offer me please ?

Yours faithfully,

Steven King

D. Speers left an annotation ()

If the pharmacist provides a recognized public service aka NOT as a private company, I believe they are subject to the FOI Act.....and MUST respond! b However not sure about private companies (can anyone help?)

[Name Removed] (Account suspended) left an annotation ()

Ask for a copy of your medical records.

The GP has to enter medical notes on them, so you can read what he/she has written. So something might be useful to know, even if the private company stuff is redacted.

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Private company business is secret - firmly - under both FoI and DPA.

Because although they serve the NHS, they are not subject to scrutiny via the Acts.

As usual, it's all about money. Private companies must be allowed to flourish - even if they are give bad or illegal advice to the NHS, without the paying public impinging on their commercial right to do so.

There are 'public interest' requirements under the Acts as regards this sort of information - for example where the health of other patients can be still at risk, if it us not divulged to a requestor.

But I don't think the ICO has ever made a Decision in favour of such a FoIA request in the 'public interest'. I've asked.... But the ICO cannot direct me to such a case.

There are some half-hearted moves afoot to modify this danger:

http://www.independent.co.uk/news/uk/pol...

But public worry about access to private company information may only increase as more NHS contracts go out to external companies.

Because if something goes wrong, it's only then they will find out that private company rights to commercial and personal secrecy ( it's company name and employee's names) outweigh the public right to know what is happening in our health service.

:::.

The ICO can only look at criminal wrongs, not civil wrongs in its Decisions.

And the catch 22 is that public cannot prove either - without access to the paperwork

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I'm going to a tribunal, in July, to find out if I can read the private company/NHS files without the name of the private company being made known.

Arguing it is not essential that their privacy be breached..just that the bereaved relatives of patients find out what strategies are used to prevent relatives reading medical files.

::::

Here's one in-house strategy, which was exposed via The Francis Enquiry and then an industrial tribunal:

Staffordshire Hospital:

The former head of legal services at Stafford Hospital , Kate Levy, asked a doctor to suppress details about a patient's death, in which a senior consultant stated that the death was "avoidable" and that there was a "high probability that the level of care was negligent".

But during the Francis Inquiry, which looked into standards of care at Mid Staffordshire NHS Trust, it emerged that Ms Levy did not want his comments to be mentioned in an inquest.

She wrote two memos to him suggesting the consultant delete the criticism to avoid further distress to Mr Moore-Robinson's family and "adverse publicity".

- extract Daily Mail.

:::

The public even less likely to know any private company strategies have been brought to bear on their case than in-house ones. Because they are on lucrative contracts and not employed in-house.

If the bereaved are allowed to know how - and why - information was withheld under the information Acts, then they could take the case to court, or even complain to the Ombudsman.

As it is, the system is stacked firmly in favour of NHS negligence being covered up.

And if any needs to be covered up - simple...it's managers can employ a private company to do it.

So for anyone puzzling over the information received from an NHS board because it doesn't logically stack up....

..Because there appears to be 'holes' if missing information in it.

A private company may have been at work, you are not even entitled to know of its existence.

D. Speers left an annotation ()

Thank you Jt Oakley, very comprehensive and very helpful! I appreciate your time.

D. Speers left an annotation ()

Have you heard of

http://www.pohwer.net/our-services/nhs-c...
Seems a completely free, Independent, Advocacy service...who will help with NHS Complaints.

Dear General Pharmaceutical Council,

It seems that the response to this FOI request has been delayed , and by Law the General Medical Council should have responded promptly to my request, and certainly before 27 June.

I see this as further abuse of me and a hate incident.

As today is Sunday 29 June, and the General Pharmaceutical Council is showing itself in a particularly bad light by demonstrating how it simply doesn't care and ignores such serious matters such as reports of abuse and neglect failing to either provide an early acknowledgement or ANY response, or even help ? , to the very serious matters raised in a FOI request submitted to you a month ago by ' an adult at risk ' - an elderly disabled vulnerable adult suffering reportable neglect and abuse.

Following this weeks ' Savile ' revelations, it is clear the General Pharmaceutical Council NEED to review the weak operation of your safeguarding procedures you have in place, and compliance with FOIA Legislation?

I have read Jeremy Hunt, Health Secretary stated this week in Parliament " The systems in place to protect people were either too weak or were ignored . People and institutions turned a blind eye . " the same way the General Pharmaceutical Council have demonstrated to me over the past month.

I understand Jeremy Hunts office - the DOH I believe has issued a firm reminder to ALL NHS bodies and organisations this week to remind them of their duties and responsibilities in respect of safeguarding and child and adult protection - do you now hold this document, is it too being ignored ?

To confirm, since making this request my mental and physical health continue to deteriorate due to the ongoing abuse and neglect I am suffering that no one has acted upon to report it or make it stop.

Morrisons wrote back during this month from a Pharmacy Area Manager " ... I apologise unreservedly ... " and " should you have any further comments these can be referred to the Health Services Commissioner " whoever or wherever they may be ???
The area manager states about local safeguarding arrangements " Should you also wish for us to refer the matter to one of the agencies, then we would require your consent to release personal information."

May I please also be provided with the duties and responsibilities placed upon a ' MRPharmS ' or the pharmacist by your organisation once they are alerted to abuse and neglect under these circumstances, as I believe this area manager is also failing in his duties to me, along with everyone else involved it would appear ?

I was of the understanding that safeguarding duties and responsibilities to report DO NOT require the patients consent - where abuse and neglect of me IS HAPPENING , the DUTY to report takes precedent- with or without my consent ?

Maybe to demonstrate you have a proper understanding of the Law and best practice, you will be kind enough to answer to ALL MATTERS RAISED here please as part of your overdue FOIA response - in the interests of openness and transparency ?
Yours faithfully,

Steven King

Steven King left an annotation ()

Thank you for the annotations by D Speers and Jt Oakley made earlier this month.
D. Speers - a private company is not required to respond to FOIA requests - although some better run private companies realise openess and transparency is respected and desirable for customers of their business - so a few DO voluntarily offer to reply to FOI requests.

Jt Oakley - been there and done that - but thank you.
The TWO GPs I had been seeing - about a year or more ago now as ive lost all confidence in them as they do not enter on my records the effects of the abuse and ill health on my medical records when I tell them, neither of them report the abuse and neglect I have reported to them 3-4 times in the past 18 months verbally and in writing to both of them - there are problems with falsification/alteration/ommission/ cover up of harm being suffered by patients at a number of Statutory agencies and medical establishments here in Wiltshire. ABUSE OF POWER by the agencies Im afraid !

You mention the ICO and some half hearted moves afoot,although these usually take years to be looked at and go nowhere - whilst the suffering and abuse goes on. Clearly the Savile reports this week would be an ideal opportunity for the ICO to push these matters forward - but maybe where it is unlikely to affect them or their families in any way I feel they are unlikely to do anything effective about this - the THEM and US raises its head again, and again, and again !

I personally feel the ICO is now part of the problem !

NHS negligence IS often and repeatedly covered up - very effectively by top management and Boards of Management - and therefore standards continue to drop, more and more people die and suffer , and it appears there is a very effective Chain of Cover Up that runs from the GP through to the Coroner.

Hence DELIBERATE NEGLIGENCE and WILLFUL NEGLECT often gets covered up - and when deceased patients families become too effective TAX PAYERS MONEY FROM THE NHS and elsewhere is,regardless of cost, thrown at defending and covering up the truth - even falsifying and altering patients records ?

I trust no one is offended by the truth of these matters, of which I have considerable proof .

foi, General Pharmaceutical Council

Dear Mr King,

Thank you for your email dated 29 June 2014 and received yesterday, 30 June. We don't have a record of your request submitted on 31 May 2014 however we will endeavour to provide you with a response as soon as possible. Under the Freedom of Information (FOI) Act 2000 we are required to provide a response within 20 working days following the first working day of receipt.

We will advise you if we do not hold the information requested or it falls within one of the exemptions laid down in the Act.

Your request has been given the reference number 2014 - 074. Please use this reference in all future correspondence regarding this request. We will contact you if we require any further clarification of your request.

Kind regards
Bianca

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D. Speers left an annotation ()

Keep going Steven.....at least you are getting some answers albeit reluctant ones!

Dear General Pharmaceutical Council FAO 'Bianca' FOI,
Rf 2014 - 074
Further to my FOIA request made to your organisation on 31 05 2014, thank you for your acknowledgement of 01 07 14 !
This is not the first, nor undoubtedly the last occasion when ive asked about a particularly sensitive matter under FOIA Legislation, that organisations claim not to have received my request , leaving me with the considered view that some organisations hope to take away the Rights of the applicant by maybe just deleting the request they receive or ignoring the applicant.

However, I should not judge you before you show the world how well you deal with this request ?

As you have now acknowledged my request, you must have obtained it from the whatdotheyknow website and seen the annotations and additional material that has been added below my request.

I am certain myself, and indeed the general public will be interested to observe not only the handling of my request and supplementary information under FOIA, but also when taking off your FOIA hat, how the GPC looks at these matters from its professional, moral and ethical standards when it is alerted to the fact an elderly, disabled man who is classed as a ' vulnerable ' adult at risk is complaining of and identifying neglect and abuse he is suffering that is causing him significant harm and deterioration in his health and wellbeing, and that a pharmacist and other so called professionals are ignoring the victim and subjecting him to further abuse that is harming him. The local authorities and statutory bodies are failing to act, a bit like in the case of Savile, Harris and others recently where abuse has been covered up . Will this also be the case with the GPC - a month on from my request or will you whistleblow and ensure these matters are dealt with and the victim given adequate support.

Will YOU also become a part of the cover up ?

In this instance, in light of the original request not appearing in your records ???, may I please ask for an acknowledgement to this communication so as to confirm you received this email ?

Yours sincerely,

Steven King

foi, General Pharmaceutical Council

Dear Mr King

Thank you for your email received today, 2 July 2014. As requested, we acknowledge receipt and will respond shortly.

We will contact you if we require any further clarification of your request.

Kind regards
FOI Team

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foi, General Pharmaceutical Council

Dear Mr King

Thank you for your emails regarding your experience with a pharmacy.

The General Pharmaceutical Council has a set of Standards of Conduct, Ethics and Performance that pharmacy professionals must follow, which you will find on our website at http://www.pharmacyregulation.org/sites/...

Principle 1 states that professionals must make patients their first concern. Principle 1.2 says that they must 'take action to protect the well-being of patients and the public' and Principle 1.5 confirms that a pharmacist should 'refer patients to other health or social-care professionals, or to relevant organisations'.

We also set standards for registered pharmacies http://www.pharmacyregulation.org/standa... . These set out the requirement on pharmacies to have in place 'governance arrangements to safeguard the health, safety and wellbeing of patients and the public' and Principle 1.8 specifically refers to a requirement to ensure that 'children and vulnerable adults are safeguarded'.

However, there is no specific legislative requirement imposed on registrants to refer patients/customers to safeguarding agencies and there are no specific timeframes set.

We provide guidance that provides information to help pharmacy professionals meet our Standards, which includes a document covering consent. http://www.pharmacyregulation.org/standa...

If you wish to progress your concern about the pharmacist's handling of your case, please complete our web form. This asks for more information to help us assess the concern raised.
http://www.pharmacyregulation.org/raisin...

We also provide guidance on our website on how we deal with concerns about pharmacy professionals. http://www.pharmacyregulation.org/faq-pa...

If you wish to raise concerns about other medical professionals, you will find guidance on the Care Quality Commission website http://www.cqc.org.uk/content/complain-a... . This page also contains a link to the website of the Parliamentary and Health Service Ombudsman, whose role is to investigate complaints that individuals have been treated unfairly or have received poor service from government departments and other public organisations and the NHS in England.

I hope this gives you some help with resolving the issues you raise.

Regards
Carole Gorman

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to: Duncan Rudkin, Chief Executive & Registrar, General Pharmaceutical Council, 129 Lambeth Road, London, SE1 7BT [GPhC request email].
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

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D. Speers left an annotation ()

....and they answer is?