A&E use of male security guards and patent search policies

Response to this request is long overdue. By law, under all circumstances, Whittington Health NHS Trust should have responded by now (details). You can complain by requesting an internal review.

Dear Whittington Health NHS Trust,

Please provide the following information

(1) Copy of the Trust's policy on searching patients

(2) Copy of all policies , protocols and guidance specifically relating to searching patients attending A&E.

Please confirm under what circumstances patients with a NON VIOLENT presentation to A&E ,who refuse to be searched ,would be refused treatment . Do you keep data on this?

(3) 're the security team covering A&E please confirm the following:

Is this provided by a private agency and if so which one?

What level of DBS checks do the security guards undergo?

By % how many female security guards were on duty in A&E in the last 4 weeks? If this information is not available what % of the overall security team is female?

How many female patients have been attended to by security guards in A&E in the last 4 weeks? If the Trust does not monitor this please explain how governance and chaperoning/same gender allocation of staff and adherence to policy is monitored.

Yours faithfully,

Alea Iacta Est ( id confirmed through previous SAR - name changed by deed poll)

WHITTHEALTH, Foi (WHITTINGTON HEALTH NHS TRUST), Whittington Health NHS Trust

1 Attachment

In accordance with the ‘consideration of the identity or motives of the
applicant’ guidance (ICO 2015, v1.0), we have reason to believe that you
have not provided your real name.  Section 8(1)(b) of the Freedom of
Information Act 2000 requires that a request for information must include
the real name of the requestor.  We have reason to believe that you have
provided an obvious pseudonym, and as a result your request does not meet
the requirements of section 8(1)(b) and is therefore invalid.

 

However, if we have made an error in our decision making, then please
accept our apologies and provide suitable identification (passport copy or
driving license) to verify your identity.

 

Kind regards

 

FOI Coordinator

Freedom of Information Office

Whittington Health

Highgate Wing, Level 5

Magdala Avenue

London, N19 5NF

[1][Whittington Health NHS Trust request email]

[2]cid:image001.jpg@01D08C98.ECCBC800

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Dear WHITTHEALTH, Foi (WHITTINGTON HEALTH NHS TRUST),

Really? It would be really helpful if the Whittington would for once stop being so obstructive.

My full name as changed by deed poll is Alea Iacta Est.
And has been for years.
As you know full well given that I have made an SAR under that name with all relevant documentation provided to your team, that I have been treated as a patient there under this name, that a serious complaint was made and dealt with under that name and whereby your chief executive in the last year has written to me under that name.
Not EVER forgetting that YOUR team were also the same team who 'lost, 'redacted' and failed to provide cctv and bodycam footage from A&E on a further SAR. Under that name.

Your obstruction would on first consideration seem to be linked with the fact that so many female patients in the mental health rooms have complained about security guards, that the CQC rated your A&E for patients in mental distress as unsafe and that the Verita report in to deaths of patients with mental health conditions referred to the really poor state of conditions vulnerable pts were kept in and the fact that untrained security guards were used in place of nursing staff. If there is an alternative reason I wpuld be happy to hear it.

Your chief executive claimed to me in letter that the A&E had substantially changed and ALL concerns had bern addressed. Oh, and that you would be totally transparent from then onwards.This FOI is made to try and establish some facts. You seemingly blocking the request in this manner is not exactly transparent.

Please stop the obstruction to delay the response and just deal with the FOI.
It really isnt that hard to do.
UCLH managed the exact same request promptly.
So why can't you?

Yours sincerely,

Alea Iacta Est

WHITTHEALTH, Foi (WHITTINGTON HEALTH NHS TRUST), Whittington Health NHS Trust

1 Attachment

As stated in our previous email dated 25 June 2019, we have reason to
believe that you have provided an obvious pseudonym, and as a result, your
request does not meet the requirements of section 8(1)(b) and is therefore
invalid.

In accordance with the ‘consideration of the identity or motives of the
applicant’ guidance (ICO 2015, v1.0), we have reason to believe that you
have not provided your real name.  Section 8(1)(b) of the Freedom of
Information Act 2000 requires that a request for information must include
the real name of the requestor. 

 

FOI Coordinator

Freedom of Information Office

Whittington Health

Highgate Wing, Level 5

Magdala Avenue

London, N19 5NF

[1][Whittington Health NHS Trust request email]

[2]cid:image001.jpg@01D08C98.ECCBC800

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Dear WHITTHEALTH, Foi (WHITTINGTON HEALTH NHS TRUST),

How dare you accuse someone of lying because they have a diffetent format name. Totally discriminatory behaviour.

You have been told that ALEA IACTA EST is my formal name as changed by deed poll. Apart from your own prejudice about foreign names on what basis do you assume I am a liar? What a repulsive unhelpful and notably deliberately obstructive response. But one that typifies the Whittington when it comes to serious concerns about how you treat mental health pts in A&E. And goes a very long way to supporting beliefs that you refuse to respond because something is very seriously wrong in the department.

I note that you haven't offered opportunity to prove my identity. That , I assert , is because you already know that it is my true name AND it is known you have checked with other Trusts information governance teams to see. Which now makes you in breach of all ICO guidance and ALL regulation as they have confirmed this is name changed by deed poll years ago and ALL records show this.

You KNOW FULL well that the above is my name and has been for years. As you were reminded your own team possesses the documents that show this. Because of a SAR made regarding attendance at A&E. Where a very serious complaint was made and responded to by your Chief Executive . ALL in the above name with documents provided to evidence said name. Where YOUR team sat in meetings discussing whether or not you could release data AND exchanged numerous emails.

An internal review of your refusal to respond to the request is now made. Continuance to obstruct in such a calculated manner will result in a referral to the ICO plus of course brings even more attention as to why the Whittington is so so keen to block this request.

Suggest your Chief Executive reconsiders.

Yours sincerely,

Alea Iacta Est

WHITTHEALTH, Foi (WHITTINGTON HEALTH NHS TRUST), Whittington Health NHS Trust

TO: Alea <[FOI #584659 email]>

 

Thank you for your correspondence.  I have reviewed the correspondence so
far between the FoI department and yourself and can conclude that the
department have acted in accordance within the law and ICO guidance
(Consideration of the identity or motives of the applicant guidance, ICO
2015, v1.0).  All that is being asked of you is to provide a suitable form
of ID then we would be happy to proceed with your request.

 

If you remain dissatisfied with the Trust’s response, you may write to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 0303 123 1113

www.ico.org.uk

 

Kind regards,

 

 

Ali Kapasi
---------------------------
Assistant Director of Information Governance
Whittington Health

 

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Dear WHITTHEALTH, Foi (WHITTINGTON HEALTH NHS TRUST),

As you have been reminded AND KNOW FULL WELL your team already holds my ID . BECAUSE I MADE 2 SUBJECT ACCESS REQUESTS.

You are also VERY aware that a formal complaint was raised in the same name ( as that is my formal name) following a very serious incident in your A&E. And that your Chief Executive wrote to me,as the patient, in that name. As that is my formal name.

It is known that you have already discussed this with other Trusts whose care I am under and who have confirmed that is my formal name.

So, please don't pretend anymore that you dont know this and don't hold the evidence and knowledge that Alea Iacta Est is not a pseudonym.

Your obstruction is taken and seen as you not wanting it publicly known that the Whittington has NO female security guards in A&E, uses a private outsourced company AND THAT SECURITY GUARDS WITH NO ENHANCED DBS CHECKS ARE BEING USED IN PLACE OF NURSING STAFF IN CLOSE PHYSICAL CONTACT WITH VULNERABLE, OFTEN SUICIDAL, MENTAL HEALTH PATIENTS. INCLUDING PHYSICAL SEARCHES, INTIMATE SEARCHES OF WOMEN ( MANY OF WHOM ARE SEXUAL ASSAULT VICTIMS), RESTRAINT AND CLOSE OBSERVATIONS INCLUDING WATCHING WOMEN ON TOILETS AND IN A STATE OF PHYSICAL UNDRESS.

That you would consider use non checked staff in this manner means that those with significant criminal records, including offences against the person, can be employed in to positions where they have round the clock DIRECT patient contact - often for at least 24 hrs at a time. In place of nursing staff.

Your obstruction speaks volumes. Probably more evidence in your refusal to respond than if you had responded.

Take a leaf from UCLH's book. Who responded in full to the SAME question. But, of course, they didn't have the Verita report criticising the A&E for it's failure to care for vulnerable patients.

Yours sincerely,

Alea Iacta Est
( name changed by deed poll)