Alignment of PHSO and NHS Complaints handling
Dear NHS England,
Please can you show me or direct me to NHS recorded information which:
(a) places solid responsibility on NHS contractors to precisely adhere-to and operate the Government's "NHS Complaints Policies".
(b) shows any recorded effort or instruction by NHS England (a Government department) to ensure that the PHSO (another Government department - or contractor, in effect) also follows or implements these policies in relation to investigation and customer handling?
(c) indicates, in the failure of these authorities to follow such policies, the appropriate recourse?
(customers are able to obtain the current policy ' nhse-complaints-policy-june-2017 ' online)
My questions also relate to contemporary observance of previous Policies and Procedures which may pre-date NHS England set up.
Yours faithfully,
C Rock
Dear Customer,
Thank you for your email. **Please read the important information below**
Please refer to the information below on how the Customer Contact Centre
can help you.
Our normal working hours are 08:00 to 18:00 from Monday to Friday and we
regret the delay in reply over the non-working hours.
The Customer Contact Centre is experiencing a high volume of enquiries. We
aim to respond to all general enquiries within 10 working days. If you
have raised a new complaint, you will receive a separate acknowledgement
within 3 working days
In the meantime, you may find the following information helpful.
How can the Customer Contact Centre help me?
NHS England commissions or buys primary care services; for example, GPs,
dentists, opticians, and pharmacy services. We are also responsible for
prison healthcare, military health services, and some specialised
services. We can provide advice about accessing, giving feedback or making
a complaint about these services.
You may be able to find the answer you are looking for in our Frequently
Asked Questions<https://www.england.nhs.uk/contact-us/ho...>
and our website explains how to feedback or make a
complaint<https://www.england.nhs.uk/contact-us/co...>.
What if I have an enquiry or complaint about hospital care, NHS 111 or
out-of-hours GP services?
If your enquiry or complaint is about secondary care, this includes
hospital care, NHS 111 services, mental health services, out-of-hours
services and community services such as district nursing you’ll need to
contact your local Clinical Commissioning Group (CCG). You can find their
contact details using the NHS Choices service
finder.<https://www.nhs.uk/Service-Search/Clinic...>
Do you provide medical advice?
No. Our advisors and not clinically trained and are unable to provide
medical advice. If you require emergency medical attention, dial 999 or
attend your local Accident and Emergency department if you are able to do
so.
If you require non-urgent medical advice please contact your GP, local
walk-in or urgent healthcare centre, or call NHS 111. Calls are free from
landlines and mobile phones.
How do I report a change of name or address?
You should report a change of name or address to your GP practice so they
can update their records. If your new address is outside the practice’s
catchment area you may be asked to register with a new GP practice.
You should also advise your dentist or optician of a change of name or
address as they keep their own records.
Where can I find further information about NHS England?
You can find information about NHS England and our work on our
website.<https://www.england.nhs.uk/about/>
How we use your information: Our privacy notices explains how we use,
share and store your personal information. You can find this on the NHS
England website https://www.england.nhs.uk/privacy
Dear C Rock,
Freedom of Information Request Acknowledgement (Our Ref: FOI-057878)
Thank you for your communication dated 19 November 2018.
NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.
For further information regarding the FOI Act, please refer to the
Information Commissioner’s Office (ICO) website. For further information
regarding NHS England and the information it publishes please visit our
website here.
If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.
Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [3][NHS England request email]
‘Health and High quality care for all, now and for future generations’
Dear C Rock
Re: NHS England correspondence
Thank you for your correspondence dated 06 November 2018.
Your correspondence read:-
“Please can you show me or direct me to NHS recorded information which:
(a) places solid responsibility on NHS contractors to precisely adhere-to
and operate the Government's "NHS Complaints Policies".
(b) shows any recorded effort or instruction by NHS England (a Government
department) to ensure that the PHSO (another Government department - or
contractor, in effect) also follows or implements these policies in
relation to investigation and customer handling?
(c) indicates, in the failure of these authorities to follow such
policies, the appropriate recourse?
(customers are able to obtain the current policy '
nhse-complaints-policy-june-2017 ' online)
My questions also relate to contemporary observance of previous Policies
and Procedures which may pre-date NHS England set up.”
NHS England is not, at this stage, able to proceed with your enquiry under
the (FOI) Act, as your request is unclear.
It may help if we explain that the NHS England Complaints Policy relates
only to NHS England’s role as a commissioner and to the complaints it
handles regarding commissioned services; it is not an NHS-wide document.
Furthermore, in relation to question (b), the Parliamentary and Health
Service Ombudsman (PHSO) , are instructed to investigate complaints
against NHS England. Therefore, this question may be best redirected
directly to the PHSO. You can find contact details to submit your FOI via
the web page below:
[1]https://www.ombudsman.org.uk/about-us/co...
In light of the above information, we would be grateful if you could
clarify the following: -
o In relation to question (a) please can you clarify the term
“contractor”?
As set out at Section 1(3) of the FOI Act, when further information is
required in order to identify and locate the information requested, and
the applicant has been informed, no further action is required until the
additional information has been received.
Please send your clarified request to [2][NHS England request email].
Once received, NHS England will write to acknowledge receipt of your
request and to provide you with a reference number. Please note that the
20 working day timeframe for complying with an FOI request does not
commence until the above information is provided.
Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [3][NHS England request email].
Yours sincerely,
Freedom of Information
Corporate Communications Team
Patients and Information Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [NHS England request email]
Dear FOI, England (NHS ENGLAND),
Monday 27th Nov: With regard to my enquiry placed Saturday 17th Nov 2018 you requested clarification on Friday 23rd November, 5 working days into normal FOI response time.
Clarification:
In (a) By contractor I mean any service commissioned or employed or remunerated by NHS England for example GPs, Foundation Trusts, Local Councils, providing NHS public health facilities.
In (b) - please delete confusing reference to Contractor in this context.
In (c) is there an expected or defined alignment between NHS Complaints system, and NHS England's and PHSO's complaints systems (PHSO do not operate a complaints system as such)?
This enquiry would be in relation to failed services, illegal conduct and harm caused by such (by NHS England; by PHSO) which the PHSO may have revealed with no follow-up, or has declined to investigate due to the Ombudsman’s own perceived procedural difficulties in investigating.
I would appreciate a response within the remainder of 15 working days.
Yours sincerely,
C Rock
Dear FOI, England (NHS ENGLAND),
Correction to the above - I write : Tuesday 27th November not Monday as stated above.
Yours sincerely,
C Rock
Dear C Rock,
Re: Freedom of Information request (Our Ref: FOI-057948)
Thank you for your Freedom of Information (FOI) request dated 27 November
2018.
Your exact request was:
“Initial request: Please can you show me or direct me to NHS recorded
information which:
(a) places solid responsibility on NHS contractors to precisely adhere-to
and operate the Government's "NHS Complaints Policies".
(b) shows any recorded effort or instruction by NHS England (a Government
department) to ensure that the PHSO (another Government department - or
contractor, in effect) also follows or implements these policies in
relation to investigation and customer handling?
(c) indicates, in the failure of these authorities to follow such
policies, the appropriate recourse?
(customers are able to obtain the current policy '
nhse-complaints-policy-june-2017 ' online)
My questions also relate to contemporary observance of previous Policies
and Procedures which may pre-date NHS England set up.
Clarified request: In (a) By contractor I mean any service commissioned or
employed or remunerated by NHS England for example GPs, Foundation Trusts,
Local Councils, providing NHS public health facilities.
In (b) - please delete confusing reference to Contractor in this context.
In (c) is there an expected or defined alignment between NHS Complaints
system, and NHS England's and PHSO's complaints systems (PHSO do not
operate a complaints system as such)?
This enquiry would be in relation to failed services, illegal conduct and
harm caused by such (by NHS England; by PHSO) which the PHSO may have
revealed with no follow-up, or has declined to investigate due to the
Ombudsman’s own perceived procedural difficulties in investigating.”
NHS England has interpreted your request as:
1. What powers exist to ensure that providers of NHS services (including
but not limited to GPs, NHS trusts and other providers of NHS funded
care) adhere to the Government's "NHS Complaints Policies"?
2. What is the relationship is between NHSE and the Ombudsman, and how
NHSE holds the PHSO to account?
3. What right of appeal does a patient / member of the public have in the
event they feel that the PHSO have failed in their responsibilities to
uphold the standards expected in the Government’s NHS complaints
policies?
we hope this interpretation is correct. If we have misinterpreted any
element of your enquiry please contact us on [1][NHS England request email]
quoting your reference number as it appears in the subject bar
We have responded to each of your interpreted questions in turn below.
Q1) What powers exist to ensure that providers of NHS services (including
but not limited to GPs, NHS trusts and other providers of NHS funded care)
adhere to the Government's "NHS Complaints Policies"?
Complaints about services commissioned by NHS England are handled under
the NHS England’s complaint policy available at
[2]https://www.england.nhs.uk/wp-content/up...
Within this document is a link to the National Health Service Complaints
[England] Regulations (2009) document, which is the specific legislation
which outlines when and how complaints should be investigated.
The Parliamentary and Health Service Ombudsman (PHSO) make final decisions
on complaints about the NHS in England. They were set up by Parliament to
provide an independent complaint handling service. They share findings
from their casework with Parliament to help them scrutinise public service
providers and hold them to account. The PHSO also share their findings
more widely with others to help drive improvements in public services.
The following link to the PHSO website explains their role providing with
links to the Health Service Commissioners Act 1993 (which sets out their
powers), and the legislation which governs their work. The PHSO are
accountable to Parliament and their work is scrutinised by the [3]Public
Administration and Constitutional Affairs Committee.
[4]https://www.ombudsman.org.uk/about-us/wh...
Q2) What is the relationship is between NHSE and the Ombudsman, and how
NHSE holds the PHSO to account?
NHS England does not have powers over the PHSO.
Q3) What right of appeal does a patient / member of the public have in the
event they feel that the PHSO have failed in their responsibilities to
uphold the standards expected in the Government’s NHS complaints policies?
NHS England does not hold recorded information in relation to this
question. You may wish to contact the PHSO directly, you can find contact
information via the following web link:
[5]https://www.ombudsman.org.uk/about-us/co...
Copyright: NHS England operates under the terms of the open government
licence. Please see the NHS England Terms and conditions on the following
link:
[6]http://www.england.nhs.uk/terms-and-cond...
We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review. This should be requested in
writing within two months of the date of this letter. Your correspondence
should be labelled “Internal Review” and should outline your concerns
and/or the area(s) you would like the review to consider. Internal Review
requests should be sent to:
NHS England
PO Box 16738
REDDITCH
B97 9PT
Email: [7][NHS England request email]
Please quote the reference number FOI-057948 in any future communications.
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’s Office (ICO) can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Email: [8][email address]
Website: [9]www.ico.org.uk
Please note there is no charge for making an appeal.
Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.
Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows: PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [10][NHS England request email].
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [NHS England request email]
Dear FOI, England (NHS ENGLAND),
PLEASE CLARIFY
Q1) What powers exist to ensure that providers of NHS services (including
but not limited to GPs, NHS trusts and other providers of NHS funded care)
adhere to the Government's "NHS Complaints Policies"?
Thank you I am aware of the procedures but I think you have said you use no power to ensure conformance; and (Q2), “NHS England does not have powers over the PHSO” who have ‘final say’ in what is a non-professional and secretive process. Given the free discretion or ‘initiative’ PHSO has to waive this obligation, there appears no pressure for NHS England contractors to observe this “specific legislation”.
Q3) What right of appeal does a patient or member of the public have in the event they feel that the PHSO has failed in responsibilities to uphold the standards expected in the Government’s NHS complaints policies?
You have implied there is no right of appeal to NHSE, even where there is no path via the PHSO according to the references you give and to enquiries I have made.
A CLARIFICATION PLEASE perhaps you would elaborate on your Legal NHSE duty or powers in the event of potential multiple failures in a system based on amateur diagnosis and ‘trust’?
(a) None?
(b) When upheld by PHSO?
(c) When upheld by CQC?
(d) When upheld by private legal process?
Yours sincerely,
C Rock
Dear C Rock,
Freedom of Information Request Acknowledgement (Our Ref: FOI-058094)
Thank you for your communication dated 18 December 2018.
NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.
For further information regarding the FOI Act, please refer to the
Information Commissioner’s Office (ICO) website. For further information
regarding NHS England and the information it publishes please visit our
website here.
If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.
Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [3][NHS England request email]
‘Health and High quality care for all, now and for future generations’
Dear NHS England,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of NHS England's handling of my FOI request 'Alignment of PHSO and NHS Complaints handling'.
As I understand it NHSE has central NHS budget and is accounts for how this is spent. NHS providers receive budgets to provide service adhering to set standards and set guidelines. Please correct me if this ‘chain’ of responsibility does not apply in ensuring contract control.
Q1) What powers exist to ensure that providers of NHS services (including but not limited to GPs, NHS trusts and other providers of NHS funded care) adhere to the Government's "NHS Complaints Policies"?
You told me “complaints about services commissioned by NHS England are handled under the NHS England’s complaint policy available and specific legislation which outlines when and how complaints ought to be handled…. the PHSO make final decisions … legislation governs their work... and are accountable to … PACAC”.
I do not see that this answers my question. I was asking about NHS powers to enforce contractual duties in NHS Complaints Procedures. A finer point perhaps.
• The PHSO has no power to enforce, only recommend, and only if they notice contraventions after the event if reported to PHSO at all.
• PACAC has no such power over the PHSO except as to financial worth. Individual failures cannot be addressed (hence no direct power over Services defaulting on contract terms).
• PHSO controls access and scope in Judicial Review – not an equitable option for most, in a Service expected as a right.
Q2) What is the relationship is between NHSE and the Ombudsman, and how NHSE holds the PHSO to account?
“NHS England does not have powers over the PHSO”.
OK - no channel there then. But does not NHSE gather and analyse feedback (complaints) that the PHSO receives?
Q3) What right of appeal does a patient or member of the public have in the event the PHSO has failed in their responsibilities or power to uphold standards in the Government’s NHS complaints policies?
Your response is noted.
Re PHSO contact: very ambiguous about this and alters according to whom is asked.
I have referred above to Judicial Review and PACAC appropriateness for this. There appears no other channel and feel an approach to prime contractors NHSE might be of interest and value with regard to failing systems. I appreciate there’s a limited NHS online contact form and of course CQC ought to be engaged in patterns of 'contractual failure' in their checks, if uncovered.
Please would you pass this for FOI review to see if your answers could be improved?
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...
Yours faithfully,
C Rock
Dear Customer,
Thank you for your email. **Please read the important information below**
Please refer to the information below on how the Customer Contact Centre
can help you.
Our normal working hours are 08:00 to 18:00 from Monday to Friday and we
regret the delay in reply over the non-working hours.
The Customer Contact Centre is experiencing a high volume of enquiries. We
aim to respond to all general enquiries within 10 working days. If you
have raised a new complaint, you will receive a separate acknowledgement
within 3 working days
In the meantime, you may find the following information helpful.
How can the Customer Contact Centre help me?
NHS England commissions or buys primary care services; for example, GPs,
dentists, opticians, and pharmacy services. We are also responsible for
prison healthcare, military health services, and some specialised
services. We can provide advice about accessing, giving feedback or making
a complaint about these services.
You may be able to find the answer you are looking for in our Frequently
Asked Questions<https://www.england.nhs.uk/contact-us/ho...>
and our website explains how to feedback or make a
complaint<https://www.england.nhs.uk/contact-us/co...>.
What if I have an enquiry or complaint about hospital care, NHS 111 or
out-of-hours GP services?
If your enquiry or complaint is about secondary care, this includes
hospital care, NHS 111 services, mental health services, out-of-hours
services and community services such as district nursing you’ll need to
contact your local Clinical Commissioning Group (CCG). You can find their
contact details using the NHS Choices service
finder.<https://www.nhs.uk/Service-Search/Clinic...>
Do you provide medical advice?
No. Our advisors and not clinically trained and are unable to provide
medical advice. If you require emergency medical attention, dial 999 or
attend your local Accident and Emergency department if you are able to do
so.
If you require non-urgent medical advice please contact your GP, local
walk-in or urgent healthcare centre, or call NHS 111. Calls are free from
landlines and mobile phones.
How do I report a change of name or address?
You should report a change of name or address to your GP practice so they
can update their records. If your new address is outside the practice’s
catchment area you may be asked to register with a new GP practice.
You should also advise your dentist or optician of a change of name or
address as they keep their own records.
Where can I find further information about NHS England?
You can find information about NHS England and our work on our
website.<https://www.england.nhs.uk/about/>
How we use your information: Our privacy notices explains how we use,
share and store your personal information. You can find this on the NHS
England website https://www.england.nhs.uk/privacy
Dear C Rock,
Thank you for email of 21 December 2018. Please see this email as
acknowledgement of your Internal Review request.
We endeavour to respond to Internal Reviews within 20 working days.
However, please be aware that on some occasions this has been extended to
40 working days. An officer will be allocated to handle your Internal
Review and will update you accordingly where necessary.
If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.
To communicate with NHS England regarding Freedom of Information (FOI)
requests, enquiries or complaints we ask these are sent directly to NHS
England’s customer contact centre. This is to ensure all communications
are progressed correctly. Their postal address, telephone number and email
details are as follows:- PO Box 16738, Redditch, B97 9PT; 0300 3 11 22 33,
[2][NHS England request email].
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [3][NHS England request email]
‘Health and high quality care for all, now and for future generations’
Dear NHS England,
Review still awaited as of 21 December 2018 and acknowledged by yourselves
Yours faithfully,
C Rock
Dear Customer,
Thank you for your email. **Please read the important information below**
Please refer to the information below on how the Customer Contact Centre
can help you.
Our normal working hours are 08:00 to 18:00 from Monday to Friday and we
regret the delay in reply over the non-working hours.
The Customer Contact Centre is experiencing a high volume of enquiries. We
aim to respond to all general enquiries within 10 working days. If you
have raised a new complaint, you will receive a separate acknowledgement
within 3 working days
In the meantime, you may find the following information helpful.
How can the Customer Contact Centre help me?
NHS England commissions or buys primary care services; for example, GPs,
dentists, opticians, and pharmacy services. We are also responsible for
prison healthcare, military health services, and some specialised
services. We can provide advice about accessing, giving feedback or making
a complaint about these services.
You may be able to find the answer you are looking for in our Frequently
Asked Questions<https://www.england.nhs.uk/contact-us/ho...>
and our website explains how to feedback or make a
complaint<https://www.england.nhs.uk/contact-us/co...>.
What if I have an enquiry or complaint about hospital care, NHS 111 or
out-of-hours GP services?
If your enquiry or complaint is about secondary care, this includes
hospital care, NHS 111 services, mental health services, out-of-hours
services and community services such as district nursing you’ll need to
contact your local Clinical Commissioning Group (CCG). You can find their
contact details using the NHS Choices service
finder.<https://www.nhs.uk/Service-Search/Clinic...>
Do you provide medical advice?
No. Our advisors and not clinically trained and are unable to provide
medical advice. If you require emergency medical attention, dial 999 or
attend your local Accident and Emergency department if you are able to do
so.
If you require non-urgent medical advice please contact your GP, local
walk-in or urgent healthcare centre, or call NHS 111. Calls are free from
landlines and mobile phones.
How do I report a change of name or address?
You should report a change of name or address to your GP practice so they
can update their records. If your new address is outside the practice’s
catchment area you may be asked to register with a new GP practice.
You should also advise your dentist or optician of a change of name or
address as they keep their own records.
Where can I find further information about NHS England?
You can find information about NHS England and our work on our
website.<https://www.england.nhs.uk/about/>
How we use your information: Our privacy notices explains how we use,
share and store your personal information. You can find this on the NHS
England website https://www.england.nhs.uk/privacy
Dear C Rock,
Re: Freedom of Information Internal Review outcome (Our Ref: FOI-057948
IR)
Thank you for your Freedom of Information (FOI) Internal Review request
dated 21 December 2018.
Your original FOI request was received by NHS England on 17 November 2018,
and read:-
Please can you show me or direct me to NHS recorded information which:
(a) places solid responsibility on NHS contractors to precisely adhere-to
and operate the Government's "NHS Complaints Policies".
(b) shows any recorded effort or instruction by NHS England (a Government
department) to ensure that the PHSO (another Government department - or
contractor, in effect) also follows or implements these policies in
relation to investigation and customer handling?
(c) indicates, in the failure of these authorities to follow such
policies, the appropriate recourse?
(customers are able to obtain the current policy '
nhse-complaints-policy-june-2017 ' online)
My questions also relate to contemporary observance of previous Policies
and Procedures which may pre-date NHS England set up.
Your Internal Review request was received by NHS England on 21 December
2018, and read:-
I am writing to request an internal review of NHS England's handling of my
FOI request 'Alignment of PHSO and NHS Complaints handling'.
As I understand it NHSE has central NHS budget and is accounts for how
this is spent. NHS providers receive budgets to provide service adhering
to set standards and set guidelines. Please correct me if this ‘chain’ of
responsibility does not apply in ensuring contract control.
Q1) What powers exist to ensure that providers of NHS services (including
but not limited to GPs, NHS trusts and other providers of NHS funded care)
adhere to the Government's "NHS Complaints Policies"?
vYou told me “complaints about services commissioned by NHS England are
handled under the NHS England’s complaint policy available and specific
legislation which outlines when and how complaints ought to be handled….
the PHSO make final decisions … legislation governs their work... and are
accountable to … PACAC”.
I do not see that this answers my question. I was asking about NHS powers
to enforce contractual duties in NHS Complaints Procedures. A finer point
perhaps.
•The PHSO has no power to enforce, only recommend, and only if they notice
contraventions after the event if reported to PHSO at all.
•PACAC has no such power over the PHSO except as to financial worth.
Individual failures cannot be addressed (hence no direct power over
Services defaulting on contract terms).
•PHSO controls access and scope in Judicial Review – not an equitable
option for most, in a Service expected as a right.
Q2) What is the relationship is between NHSE and the Ombudsman, and how
NHSE holds the PHSO to account?
v“NHS England does not have powers over the PHSO”.
OK - no channel there then. But does not NHSE gather and analyse feedback
(complaints) that the PHSO receives?
Q3) What right of appeal does a patient or member of the public have in
the event the PHSO has failed in their responsibilities or power to uphold
standards in the Government’s NHS complaints policies?
Your response is noted.
Re PHSO contact: very ambiguous about this and alters according to whom is
asked.
I have referred above to Judicial Review and PACAC appropriateness for
this. There appears no other channel and feel an approach to prime
contractors NHSE might be of interest and value with regard to failing
systems. I appreciate there’s a limited NHS online contact form and of
course CQC ought to be engaged in patterns of 'contractual failure' in
their checks, if uncovered.
Please would you pass this for FOI review to see if your answers could be
improved?
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://www.whatdotheyknow.com/request/a...
The FOI Management team have reviewed your request and this letter
provides the outcome of this review. It may be helpful if we first explain
that an Internal Review looks at the handling of, and response given to, a
Freedom of Information request which has previously been made. The scope
of an Internal Review is therefore limited to considering whether the
request(s) was appropriately handled and whether the response given was
accurate and appropriate. An Internal Review cannot consider any new
queries not originally included in the relevant FOI request(s); these
should be submitted as new FOI requests via our Contact Centre.
It was noted that your original response was issued within the statutory
guidelines of 20 working days.
We have also assessed whether you received an appropriate response to your
request and considered the comments you have set out in your Internal
Review email.
It is the conclusion of this review that NHS England’s original response
was appropriate as NHS England does not have powers over the PHSO.
In line with the above, our original response is upheld.
We hope that this addresses your concerns. However, 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’s Office (ICO) can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Email: [2][email address]
Website: [3]www.ico.org.uk
Please note there is no charge for making an appeal.
Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email] .
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [5][NHS England request email]
‘Health and high quality care for all, now and for future generations’
Dear C Rock,
Thank you for your email dated 15 January 2019.
We are unable to identify to which request you are referring from the information you have provided.
As advised at the bottom of our correspondence, please provide your FOI reference with all correspondence so we may proceed with your enquiries as efficiently as possible.
Kind regards,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [NHS England request email]
‘Health and high quality care for all, now and for future generations’
Here is a link to the request source and responses:
https://www
.whatdotheyknow.com/request/alignment_of_phso_and_nhs_compla#incoming-1294680
Dear Customer,
Thank you for your email. **Please read the important information below**
Please refer to the information below on how the Customer Contact Centre
can help you.
Our normal working hours are 08:00 to 18:00 from Monday to Friday and we
regret the delay in reply over the non-working hours.
The Customer Contact Centre is experiencing a high volume of enquiries. We
aim to respond to all general enquiries within 10 working days. If you
have raised a new complaint, you will receive a separate acknowledgement
within 3 working days
In the meantime, you may find the following information helpful.
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You may be able to find the answer you are looking for in our Frequently
Asked Questions<https://www.england.nhs.uk/contact-us/ho...>
and our website explains how to feedback or make a
complaint<https://www.england.nhs.uk/contact-us/co...>.
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If your enquiry or complaint is about secondary care, this includes
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England website https://www.england.nhs.uk/privacy
Dear C Rock,
Re: Freedom of Information request (Our Ref: FOI-058094)
Thank you for your Freedom of Information (FOI) request dated 18 December
2018.
Your exact request was:-
“A CLARIFICATION PLEASE perhaps you would elaborate on your Legal NHSE
duty or powers in the event of potential multiple failures in a system
based on amateur diagnosis and ‘trust’?
(a) None?
(b) When upheld by PHSO?
(c) When upheld by CQC?
(d) When upheld by private legal process?”
NHS England holds some information in relation to your request.
Firstly, however, it may help if we explain that the NHS in England is not
a single organisation but is made up of a range of organisations such as
Hospitals, Clinical Commissioning Groups (CCGs) and Ambulance Trusts. NHS
England is separate from other NHS organisations, as well as from the PHSO
and CQC, and is responsible for commissioning primary care services such
as GP and dental surgeries, as well as some specialised secondary care
services. Therefore, any recorded information NHS England may be able to
provide in response to an FOI request will generally relate to the
services NHS England commissions. For information on commissioned services
and the types of information NHS England holds can be found on our
[1]website and [2]publication scheme. For further information on the NHS,
its structure and other NHS organisations please refer [3]here.
Under the NHS Complaints regulations, complaints can be made to either the
commissioner (the organisation that pays for the service) or the provider
of the relevant service. Complaints received by NHS England, about
services which we commission, would be handled under NHS England’s
complaint policy, which is available at
[4]https://www.england.nhs.uk/wp-content/up...
. The policy describes NHS England’s commitment to meet the requirements
of the Local Authority Social Services and National Health Service
Complaints [England] Regulations (2009). This is the specific legislation
which outlines when and how we should investigate complaints. Where NHS
England is not the commissioner of the service, we would refer the
complainant to the provider or commissioner of the service in question.
The most appropriate organisation to deal with any complaint very much
depends on the nature of each individual complaint.
NHS England is unable to comment on the procedures or legal requirements
of the Parliamentary and Health Services Ombudsman (PHSO) or the Care
Quality Commission (CQC) in relation to how they deal with complaints. We
would therefore suggest that you contact them directly in relation to
their powers and responsibilities. You can also find further information
about how these organisations handle complaints, how their decisions are
enforced and who they are accountable to by following the links provided
below.
o [5]https://www.ombudsman.org.uk/about-us/wh...
o [6]https://www.cqc.org.uk/contact-us/how-co...
Finally, NHS England is bound by decisions of the Courts, in terms of any
precedents set by relevant case law, and will comply with any Court orders
which require direct action of it.
Copyright:- NHS England operates under the terms of the open government
licence. Please see the NHS England Terms and conditions on the following
link [7]http://www.england.nhs.uk/terms-and-cond...
We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review. This should be requested in
writing within two months of the date of this letter. Your correspondence
should be labelled “Internal Review” and should outline your concerns
and/or the area(s) you would like the review to consider. Internal Review
requests should be sent to:
NHS England
PO Box 16738
REDDITCH
B97 9PT
Email: [8][NHS England request email]
Please quote the reference number FOI-058094 in any future communications.
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’s Office (ICO) can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Email: [9][email address]
Website: [10]www.ico.org.uk
Please note there is no charge for making an appeal.
Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.
Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [11][NHS England request email].
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [NHS England request email]
Dear FOI, England (NHS ENGLAND),
REVIEW: Your reviewer might have missed the point in relation to my question, in failing to be comprehensive in observations.
(a) [What NHSE control ] places solid responsibility on NHS contractors to precisely adhere-to... "NHS Complaints Policies".
You have provided no information that answers this question. I light of this I will assume there is no information.. That is: there is no NHSE audit trail or monitoring of NHS Complaint Procedure compliance, and no action is taken if NHSE is made aware of such breach of contract. This is not a concern of NHSE.
Please let me know if this is not the case at NHSE.
(b) [what NHSE control] shows any recorded effort or instruction by NHS England... to ensure that the PHSO... also follows or implements [complaints] policies in relation to investigation and customer handling?
No such control or action by NHSE. I note that the PHSO has no regulated or closed complaint procedure, and no recourse for victims of this failure.
This is not a concern of NHSE.
(c) [What] indicates, in the failure of these authorities to follow such policies, the appropriate recourse?
No such control or action by NHSE.
>> In a protracted NHS/PHSO case I became aware that the PHSO was not aware of NHS Complaints procedures, nor concerned by breach of contractual requirements.
This is not a concern of NHSE. NHSE has no procedure for recourse.
I guess I should allow to you to respond within 20 days, failing which, I can close this either as Refused or NHSE has no information available on policing contracts in this area of requirement.
>> This begs the question: why have a contractual NHS Complaints Procedure if the procedure is not policed as followed-through or fit for purpose? (Not a question placed here, thank you).
Yours,
C Rock
Dear C Rock,
Thank you for email of 3 February 2019. Please see this email as
acknowledgement of your Internal Review request.
We endeavour to respond to Internal Reviews within 20 working days.
However, please be aware that on some occasions this has been extended to
40 working days. An officer will be allocated to handle your Internal
Review and will update you accordingly where necessary.
If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.
To communicate with NHS England regarding Freedom of Information (FOI)
requests, enquiries or complaints we ask these are sent directly to NHS
England’s customer contact centre. This is to ensure all communications
are progressed correctly. Their postal address, telephone number and email
details are as follows:- PO Box 16738, Redditch, B97 9PT; 0300 3 11 22 33,
[2][NHS England request email].
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [3][NHS England request email]
‘Health and high quality care for all, now and for future generations’
Dear C Rock,
Re: Freedom of Information Internal Review outcome (Our Ref:
FOI-058094 IR)
Thank you for your Freedom of Information (FOI) Internal Review request
dated 3 February 2019.
Your original FOI request was received by NHS England on 18 December 2018,
and read:-
“A CLARIFICATION PLEASE perhaps you would elaborate on your Legal
NHSE duty or powers in the event of potential multiple failures in a
system
based on amateur diagnosis and ‘trust’?
(a) None?
(b) When upheld by PHSO?
(c) When upheld by CQC?
(d) When upheld by private legal process?”
Your Internal Review request was received by NHS England on 3 February
2019, and read:-
“REVIEW: Your reviewer might have missed the point in relation to my
question, in failing to be comprehensive in observations.
a. [What NHSE control ] places solid responsibility on NHS contractors to
precisely adhere-to... "NHS Complaints Policies". You have provided no
information that answers this question. I light of this I will assume
there is no information.. That is: there is no NHSE audit trail or
monitoring of NHS Complaint Procedure compliance, and no action is
taken if NHSE is made aware of such breach of contract. This is not a
concern of NHSE. Please let me know if this is not the case at NHSE.
b. [what NHSE control] shows any recorded effort or instruction by NHS
England...to ensure that the PHSO... also follows or implements
[complaints] policies in relation to investigation and customer
handling? No such control or action by NHSE. I note that the PHSO has
no regulated or closed complaint procedure, and no recourse for
victims of this failure. This is not a concern of NHSE.
c. [What] indicates, in the failure of these authorities to follow such
policies, the appropriate recourse? No such control or action by NHSE.
In a protracted NHS/PHSO case I became aware that the PHSO was not
aware of NHS Complaints procedures, nor concerned by breach of
contractual requirements. This is not a concern of NHSE. NHSE has no
procedure for recourse.”
The FOI Management team have reviewed your request and this letter
provides the outcome of this review. It may be helpful if we first explain
that an Internal Review looks at the handling of, and response given to, a
Freedom of Information request which has previously been made. The scope
of an Internal Review is therefore limited to considering whether the
request(s) was appropriately handled and whether the response given was
accurate and appropriate. An Internal Review cannot consider any new
queries not originally included in the relevant FOI request(s); these
should be submitted as new FOI requests via our Contact Centre.
It was noted that your original was issued over the statutory guidelines
of 20 working days. We would like to apologise for the length of time it
took to provide you with a response to your request. This fell short of
our standards and we would like to offer our sincere apologies for the
delay incurred.
We have also assessed whether you received an appropriate response to your
request and considered the comments you have set out in your Internal
Review email.
It is the conclusion of this review that NHS England’s original response
was accurate and appropriate.
Our response set out NHS England’s legal requirements in relation to
dealing with complaints. We also provided you with a web link to NHS
England’s complaints policy. We provided advice and guidance on how you
can liaise with other organisations such as the Care Quality Commission
and the Parliamentary and Health Services Ombudsman.
As outlined in our response, under the NHS Complaints regulations,
complaints can be made to either the commissioner (the organisation that
pays for the service) or the provider of the relevant service. You can
access the regulations in full at the following web link:
o [1]http://www.legislation.gov.uk/uksi/2009/...
You can also find general information regarding making a complaint about
NHS services on the NHS.uk website at the following web link:
o [2]https://www.nhs.uk/using-the-nhs/about-t...
In line with the above, our original response is upheld.
We hope that this addresses your concerns. However, 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’s Office (ICO) can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Email: [3][email address]
Website: [4]www.ico.org.uk
Please note there is no charge for making an appeal.
Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [5][NHS England request email] .
Yours sincerely,
Freedom of Information
Corporate Communications Team
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738
REDDITCH
B97 9PT
Tel: 0300 311 22 33
Email: [6][NHS England request email]
Dear FOI, England (NHS ENGLAND),
You said " I note that the PHSO has no regulated or closed complaint procedure, and no recourse for victims of this failure. This is not a concern of NHSE. " and I concur entirely with the former note. - as a fact, actually, since I and others have enquired many times.
I am utterly astonished that it "is not a concern of NHSE" , considering the great number of anomalies that are being exposed in PHSO complaints system, and are being well publicised. The point that PHSO makes light and takes advantage of this and other sordid arrangements (as evidenced elsewhere) is not excusable in any management model.
NHSE provides Government services which occasionally fail people very badly.
The PHSO system -if fit for purpose as advertised- could show that you may be wasting your money in some areas and under-spending in others.
Any source of intelligence in that, is unlikely to be gained from continual cover-up and added harm to NHS patients by declining complainants their rights, or explanations for absurd PHSO conclusions which go on to harm even more.
Why are you relying on the lay and systemically maladministered PHSO to potentially increase you workload, and at a poor service level? Please do not answer this... it's a point I make.
The old accusation (still) "Not Listening " may have relevance now into 2019 in my opinion.
Thank you for partially answering my questions.
Yours sincerely,
C Rock
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C Rock left an annotation ()
Dear WDTK I am concerned that many Foi Respondents leave their response to the last day/s of FOI compliance and then defer clarifications as new requests. I will see what happens here. It is rare to get a full answer these days IMHO.