Abuse of the duty of care

Oysterman made this Freedom of Information request to Borders NHS Board This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Borders NHS Board,

I hear by request the following information under HM Freedom of Information (Scotland) Act 2002:

How many persons have been detained under mental health legislation within the Scottish Borders between 2000-2012 ? Of those persons how many were none-caucasian, LGBT or known political/human rights/civil rights activists or declared themselves to be such ? How many of those detained complained of discrimination, depravation of civil liberties, violation of human rights, assault, sexual assault, false detention or other forms of abuse while under false/true detention ?

Thank you,

Oysterman

Dear Borders NHS Board,

2000-2012 should be 2002-2012

Oysterman

Dear Borders NHS Board,

Please confirm reception of request.

Oysterman

Freedom of Information, Borders NHS Board

Dear Sir
Thank you for your enquiry. We will reply promptly and in any event, a response will be sent no later than 28th August 2013.

Regards

NHS Borders
Newstead
Melrose
TD6 9DA

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Freedom of Information, Borders NHS Board

Dear Sir
Your amendment has been noted

NHS Borders
Newstead
Melrose
TD6 9DA

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Dear Freedom of Information,

Inote that I have not recived a response.

Oysterman

Freedom of Information, Borders NHS Board

Dear Sir

We are working on the response to your enquiry. We are having some technical problems retrieving the information from our electronic system and we cannot produce it in a readable format. Our technicians are working on the problem and we hope to have the information for you in the next day or so.

We apologise for any inconvenience this may cause you, but assure you we will be responding to your enquiry shortly.

NHS Borders
Newstead
Melrose
TD6 9DA

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Dear Freedom of Information,

I can only allow three more days for the service to respond.

Oysterman

Adams, Deborah, Borders NHS Board

1 Attachment

Dear Sir
Please find attached the response to your enquiry. If you have any queries about this response, please let us know.

Regards

NHS Borders
Newstead
Melrose
TD6 9DA

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Dear Adams, Deborah,

I request a internal review under the act.

I believe NHS Borders Trust should have or if not should create a system that is satisfactory to the end of documenting when claims of abuse/victimisation occur while detained under mental health legislation. I believe the NHS Border Trust should have in place that a statistical count and nature of each such complaints (with sufficient observance given to the data protection act 1998) can be inspected by the borders public.

I also believe the trusts money should be at hand for this, despite the cost.

I would therefore request that the trust seek out a way for this to be done. The trust can not hide behind an alleged monitery quota to doge the power of the freedom of information scotland act 2002.

Oysterman

Freedom of Information, Borders NHS Board

Dear Sir

NHS Borders acknowledges your request for a review of the actions taken and decisions made in responding to your enquiry. We will conduct a review and a response will be sent no later than 23rd October 2013.

Regards

NHS Borders
Newstead
Melrose
TD6 9DA

Please do not print this email unless absolutely necessary - save paper

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Oysterman (Account suspended) left an annotation ()

NHS Borders
Planning & Performance
NHS Borders
Education Centre
Borders General Hospital
Melrose
Roxburghshire
TD6 9BD
01896 825545
foi.enquiries@borders.scot.nhs.uk
Freedom of Information request 182-14
Request

1. A count of all allegations of the rape, sexual assault or sexual harassment of "genetic" woman 16+ withinthe Scottish borders made against any paid or voluntary member of NHS Borders between 1/1/2004 -
1/1/2014.

2. A count of all allegations of the rape, sexual assault or sexual harassment of "genetic" girls 15- made against any paid or voluntary member of NHS Borders between 1/1/2004 - 1/1/2014.

3. A count of all allegations of the rape, sexual assault or sexual harassment of transgender (male to
female) woman 16+ made against any paid or voluntary member of NHS Borders between 1/1/2004 -
1/1/2014.

4. A count of all allegations of the rape, sexual assault or sexual harassment of transgender (male to
female) girls 15- made against any paid or voluntary member of NHS Borders between 1/1/2004 -
1/1/2014.

5. A count of all allegations of the rape, sexual assault or sexual harassment of "genetic" men 16+ made
against any paid or voluntary member of NHS Borders between 1/1/2004 - 1/1/2014.

6. A count of all allegations of the rape, sexual assault or sexual harassment of "genetic" boys 15- made
against any paid or voluntary member of NHS Borders between 1/1/2004 - 1/1/2014.

7. A count of all allegations of the rape, sexual assault or sexual harassment of men (female-to-male) 16+ made against any paid or voluntary member of NHS Borders between 1/1/2004 - 1/1/2014.

8. A count of all allegations of the rape, sexual assault or sexual harassment of boys (female to male) 15- made against any paid or voluntary member of NHS Borders between 1/1/2004 - 1/1/2014.

9. A count of all allegations of the rape, sexual assault or sexual harassment of intersexed adults 16+
made against any paid or voluntary member of NHS Borders between 1/1/2004 - 1/1/2014.

10. A count of all allegations of the rape, sexual assault or sexual harassment of intersexed children 15-
made against any paid or voluntary member of NHS Borders between 1/1/2004 - 1/1/2014.

Proven, not-proven by any tier of fact.

Response

1. There has been <5 counts of allegations of sexual harassment of "genetic" woman 16+ within the
Scottish Borders made against any paid or voluntary member of NHS Borders between 1/1/2004 -
1/1/2014. NHS Borders abides by the Code of Practice for Official Statistics in that where numbers are
less than five, actual numbers and potentially identifiable information is withheld to help maintain patient confidentiality due to the potential risk of disclosure. Information on the Code of Practice for Official Statistics is available on the UK Statistics Authority website.

2-10 There have been no allegations of this nature.