ATOS Nurses & Your Code of Conduct
Dear Nursing and Midwifery Council,
I recently reported an ATOS nurse to you and you didn’t seem interested in the evidence that I gave you, even though I proved that the nurse told a catalogue of lies about my husband, when I spoke to Adam Fuller (a member of your staff) he said and I quote: “She’s not a practising nurse, she’s just a disability analyst and in the light of this we won’t be taking action against her.”
This so-called nurse told us at the assessment that she was a registered nurse and since she didn’t adhere to your code of conduct I want to know:
1) Why are you dismissing complaints about ATOS nurses and denying that they are nurses – just disability analysts?
2) Last time I checked there were 41 complaints about ATOS nurses, are you going you use the same excuse (i.e. they are just disability analysts) for all 41 complaints?
3) Do you know what kind of devastation these so called nurses are wreaking on the lives of the most sick, vulnerable and disabled in our society? Do you really care?
4) Why do you have a code of conduct if you won’t punish those that flagrantly disobey it?
5) Isn’t it surprising the NHS has had the Stafford hospital scandal, etc and the NHS has to foot the bill for the actions of bad nurses?
6) Why are you allowing ATOS nurses to register with you if they are (in Adam Fuller’s words) “Just disability analysts”? Aren’t you giving these Atos nurses a licence to do what they want and treat people how they want and you will protect them?
Yours faithfully,
D Robinson
We acknowledge receipt of your freedom of information or subject access
request. You will receive a full reply within the statutory time limit for
response which is: for freedom of information requests - 20 working
days; for subject access requests, under the Data Protection Act 1998, 40
days
D Cook left an annotation ()
this is from From the DWP D M Guide, so how can the ATOS nurses be just disability analysts? I'm more than interested to know why they are passing the buck on this one, so please NMC answer all the questions
Meaning of health care professional
A HCP is:
1. a registered medical practitioner
2. a registered nurse
3. a registered occupational therapist or physiotherapist 2 or
4. a member of such other regulated profession as prescribed 3.
Note: For the purposes of claims to the higher rate of DLA mobility component on the grounds of severe visual impairment, optometrists registered with the General Optical Council and orthoptists registered with the Health Professional Council are HCPs.
No other professions have been prescribed as HCPs at present.
1 SS Act 98, s 39(1); SS (C&P) Regs, reg 2(1); SS (IW) (Gen) Regs, reg 2(1); 2 Health Act 99, s 60; 3 NHS Reform & Health Care Professions Act 02, s 25(3); SS Act 98, s 39(1)
Dear D Robinson,
I write in response to your communication of the 24th June in which you asked the following questions:
1) Why are you dismissing complaints about ATOS nurses and denying that they are nurses - just disability analysts?
The NMC considers all complaints that it receives. As part of the initial assessment, we ascertain whether the allegation concerns a registered nurse or midwife. The NMC has the power to investigate only registered nurses and midwives, we cannot consider the conduct of others. Any complaints made to the NMC about nurses undertaking ATOS assessments are fully considered. The NMC can only consider issues relating to nurses working with ATOS in the context of their fitness to practise. We are not able to look at wider issues such as decisions regarding benefits, or the fact that the Department of Work and Pensions choose to operate an assessment process.
2) Last time I checked there were 41 complaints about ATOS nurses, are you going you use the same excuse (i.e. they are just disability analysts) for all 41 complaints?
If an allegation relates to a registered nurse or midwife, we will instigate our complaints process. Further information on our complaints process can be found on our website at:
http://www.nmc-uk.org/patients-public/Re...
In essence, the NMC considers concerns raised with us on the basis of whether there may be impairment of an individual nurse or midwife's fitness to practise, that would warrant action to consider restricting or removing their registration. Where there are such concerns, a case is referred for adjudication to an NMC committee and considered by a fitness to practise panel.
3) Do you know what kind of devastation these so called nurses are wreaking on the lives of the most sick, vulnerable and disabled in our society? Do you really care?
We consider this question to be an invitation to comment rather a request for information.
4) Why do you have a code of conduct if you won't punish those that flagrantly disobey it?
As a regulatory body, we consider our code of conduct to be a vital tool in maintaining the standards of the nursing and midwifery professions. We consider all complaints that allege a breach of the code.
5) Isn't it surprising the NHS has had the Stafford hospital scandal, etc and the NHS has to foot the bill for the actions of bad nurses?
Again, we consider this question to be an invitation to comment rather a request for information.
6) Why are you allowing ATOS nurses to register with you if they are (in Adam Fuller's words) "Just disability analysts"? Aren't you giving these Atos nurses a licence to do what they want and treat people how they want and you will protect them?
Inclusion on the register depends on an individual holding the requisite nursing or midwifery qualifications. The identity of their employer is not a matter of consideration.
I have carefully considered your request for information. However, if you are not satisfied with this response you have the right, under Section 50 of the FoIA to appeal against this decision. You should submit your appeal within 28 days by writing to:
Jackie Smith
Chief Executive and Registrar
Nursing & Midwifery Council
23 Portland Place
London W1B 1PZ
Your appeal will be investigated in line with our internal complaints procedure, which is attached. If you are not satisfied with the outcome, you should then submit a letter to the Information Commissioner by writing to:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely,
Matthew
Matthew Ramsey
Records and Archives Officer
Governance Directorate
020 7681 5751
Nursing and Midwifery Council
23 Portland Place
London W1B 1PZ
www.nmc-uk.org
020 7333 9333 (Registrations Centre)
Norma Roberts left an annotation ()
The letter from the NMC does not address your issue.
The facts are quite simple, if a registered nurse (regardless of who they work for) lies on any kind of written document, about any aspect of a person's mental or physical health, then he/she is in breach of the NMC code of conduct, end of!
The NMC are just fobbing you off by saying they are unable to comment on benefit decision making. You did not even ask them to do that! You simply asked why they will not investigate a registered nurse who has lied, if I were you I would push and push for an answer. Don't give up!
Dear Nursing and Midwifery Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Nursing and Midwifery Council's handling of my FOI request 'ATOS Nurses & Your Code of Conduct'.
How dare you in my request say and I quote:
"We are not able to look at wider issues such as decisions regarding benefits, or the fact that the Department of Work and Pensions choose to operate an assessment process."
I NEVER And I REPEAT NEVER asked you to to look at wider issues regarding the DWP and benefit decisions.
can I reiterate to you that I:
1) reported a nurse to you because she told a catalogue of lies about my husband and she has put his health at serious risk.
2) I PROVED TO YOU WHAT THE SO-CALLED NURSE DID and all you said was: "she's not a practising nurse, she's a disability analyst"
3) AGAIN I ASK: why are you letting these "disability analysts" register with you - if they are not nurses!
4) You said and I quote: "As a regulatory body, we consider our code of conduct to be a vital tool in maintaining the standards of the nursing and midwifery professions. We consider all complaints that allege a breach of the code"
The nurse I reported to you DID breach your code of conduct and I proved it to you! AND YOU DIDN'T CARE!Can I reiterate again, why have your code if it's not worth the paper its written on?
5) What has a nurses employer got to do with their fitness to pratice? I of course refer to your quote: "Inclusion on the register depends on an individual holding the requisite nursing or midwifery qualifications. The identity of their employer is not a matter of consideration." The nurse (AKA "disability analyst") I reported had NOTHING TO DO WITH HER EMPLOYER OR BENEFITS FOR THAT MATTER, IT WAS BECAUSE SHE WAS A LIAR AND A CHARLATAN THAT NEEDED REPORTING
5) You ought to seriously have a rethink about your disgusting attitude AND deal with these ISSUES AT HAND before panorama et al do an expose on you.
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,
D Robinson
We acknowledge receipt of your freedom of information or subject access
request. You will receive a full reply within the statutory time limit for
response which is: for freedom of information requests - 20 working
days; for subject access requests, under the Data Protection Act 1998, 40
days
Ashley Walters left an annotation ()
I fully agree with you! Why did they have to mention the DWP? It looks like they are making this political because they don't want to admit liability for these nurses actions. No matter what guise they (ATOS nurses)go under the fact remains, they have to be registered with the NMC to be able to do any kind of medical on someone and as such the NMC should get their act together and deal with the lies they tell.
G Steel left an annotation ()
perhaps it's just me, but, I think there's something extremely fishy as to why the NMC won't deal with ATOS nurses that are reported to the NMC, I think there needs to be an investigation into why they won't deal with these health care providers that lie and cheat for their own end, or more to the point ATOS's and the DWP's own end! D Robinson should have asked if mentally/physically disabled and the chronically sick are exempt from the same rights as everyone else? Because it seems they have no recourse when complaining about ATOS staff, the fact there are more than one complaint about ATOS nurses to the NMC via FOI proves this fact.
Mike Coulson left an annotation ()
You should be speaking with the DWP for evidence of what they require from nurses assessors at Atos;
Atos gave you a bullshit reply .....
'The role of the HCP is to carry out an assessment of the functional effects of the customer’s disabling condition, and to utilise the information gathered to provide the DWP Decision Maker with an impartial and independent assessment. Therefore, unlike the more widely known type of examination, the assessment is not concerned with diagnosis or decisions about treatment so specialist diagnostic qualifications are unnecessary.'
which could more correctly have been written .....
'The role of the nurse is to carry out an assessment of the functional effects of the customer’s disabling condition, and to provide the DWP Decision Maker with an impartial and independent assessment of such.'
their argument starting 'therefore ...'
is a illogical and uses oblique, diversionary words like diagnosis, treatment, specialist; i.e. all are obfuscation,
and could have more properly read ...
'the assessment is concerned with a decision to provide care' [ESA Support or wrag].
=========================
Some pointers for you:
S T A T U T O R Y I N S T R U M E N T S S.I. 2010 No. 781
1. These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and come into force on 1st April 2010.
“nurse” means a registered nurse;
“nursing care” means any services provided by a nurse and involving—
(a) the provision of care; or
(b) the planning, supervision or delegation of the provision of care,
other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a nurse;
Note the word 'Care' - it has a wide meaning.
http://www.atoshealthcare.com/careers/cl...
Clinical Jobs in Disability Assessment - Doctors and Nurses
Our doctors and nurses assess a wide range of conditions using medical reports, interviews, informal observation and clinical examinations, in order to give an expert opinion on customers' capabilities. The Disability Assessment process therefore calls for enormous sensitivity and skill as well as a broad range of medical knowledge.
http://www.atoshealthcare.com/disability...
https://careers.atos.net/fe/tpl_Atos01.asp
Recruitment Job Description RGN Disability Analyst May 2013.doc
Job Title Registered Nurse - Disability Analyst
Organisational Overview
Healthcare professionals are employed by Atos Healthcare to provide medical services to the Department for Work and Pensions (DWP).
Main Purpose of Role
To undertake medical assessments and examinations required for the Department of Work and Pensions (DWP)
Essential requirements of Role
- Registration and continuous professional development should be maintained in accordance with the requirements of Post Registration and Practice (PREP) standards set by the Nursing and Midwifery Council (NMC)
- Ensure that professional practice standards and “best practice” are maintained in all areas of work.
- To analyse and interpret clinical information and medical evidence and provide a report in a professional and concise manner
- Be able to apply professional skills and manage own professional competence and accountability, in accordance with the NMC Code of Professional Conduct
I suggest you pass ther matter to the Parilamentary Ombudsman (also covers NHS but Not the NMC) who, I believe covers Govt. depts. i.e. DWP and their contractors(Atos)
I further suggest you contact a Dis. Eq. Lawyer regards Eq. Act 2010 s.19 Indirect Discrimination.
regards Mike C,
Norma Roberts left an annotation ()
I have posted previously but just wanted to add some info which should be of use to you.
My Atos assessment report had so many lies in it that I complained to Atos and the NMC about the registered nurse who did the assessment.
Atos admitted the report was "not up to their usual standard" (I think they meant full of lies!) and that appropriate action would be taken (they would not tell me what this action would entail)
The NMC initially decided to look into the matter, but then they said that because her (the nurse) employer, Atos, was dealing with it no further action would be taken.
I only mention this to point out that the NMC told you they would not investigate because the nurse was carrying out disability assessments, whereas they told me they would investigate but then changed their minds because Atos was dealing with it. Either the NMC is lying or they do not know their own procedures, whichever it is they need to be held to account.
c fellows left an annotation ()
G Steel is right, there's something more than fishy going on between ATOS, DWP and the NMC, why won't they deal with these nurses? Who told the NMC to keep letting them off?
I was told the same when I complained about a nurse, in fact I was told that since she wasn't practising as a nurse and just an analyst for the DWP, they wasn't going to do anything at all.
The NMC need to come clean as to why they won't deal with these nurses? And who's stopping them from being dealt with?
THIS IS A SICKENING TRAVESTY AND TOTALLY AGAINST THEIR SO-CALLED "CODE OF CONDUCT" - CODE OF CONDUCT MY EYE!!!!
A Garbett left an annotation ()
My father died last year and when he was hospital dying he was sent an appointment for another ATOS assessment. I can't describe in words the hell my father went though at the hands of these people and the NMC are allowing it, even though they have a (laughable) code of conduct.
Either she is a nurse or she's not a nurse (in your case), if she's a nurse and registered with them then why is she being allowed to fabricate medical assessments and TELL THEM you want an answer as well as something done about it.
You know what really tipped me over the edge? It was after my father died and my mother said, "Those ******ds can't bother him no more now." Suffice to say, I have had a nervous breakdown because of the treatment inflicted upon my father and myself.
NMC and the GMC all know what's going on, and are struggling to find a compromise between their so called code of ethics and their exploitation of vulnerable people. Because these so-called nurses are dealing with the most vulnerable in society, NO ONE cares, so sadly, nothing will be done about them and the blind eye will keep turning!
Sian Lowe left an annotation ()
I echo G Steel's comment's, when s/he said that there's something fishy going on, someone needs to ask the NMC:
1) if they have been approached by the DWP/ATOS/GOVT to ignore all complaints about their nurses?
2) If their code of conduct doesn't apply to the sick, vulnerable, poor and disabled?
3) How many ATOS nurses have been struck off the register? (not many I'll be bound)
4) why are they allowing the nurses cum disability analysts practise after people have proven misconduct
Again I echo G Steel, something very fishy there!
Dear foi&dparequest@NMC,
Please can you tell me when I am going to get a reply of the NMC - it's been over 20 days and I want to know the reply to my questions,
. I really want to know why the NMC won't deal with complaints about ATOS nurses? They're using the excuse that they are "only" disability analysts" and yet you allow these "disability analysts" to register with you AS A NURSE!
. Why are the most vulnerable (i.e. sick and disabled) people being ignored by you when they make a complaint to you about ATOS's charlatan nurses'?
. Are these most vulnerable people exempt from your code of conduct?
Yours sincerely,
D Robinson
We acknowledge receipt of your freedom of information or subject access
request. You will receive a full reply within the statutory time limit for
response which is: for freedom of information requests - 20 working
days; for subject access requests, under the Data Protection Act 1998, 40
days
Dear D Robinson,
Further to your recent correspondence with the NMC, please find attached a
response from Chief Executive and Registrar, Jackie Smith. I hope that
this assists.
Kind regards,
Karen Moore
Karen Moore
Administrator
Office of the Chair and Chief Executive
Nursing & Midwifery Council
23 Portland Place
London W1B 1PZ
[1]www.nmc-uk.org
020 7436 2114 (fax)
020 7333 9333 (advice centre)
Dear Karen Moore,
I have never read such garbage in all my life,
why won't you answer my questions?
The questions were simple enough!!!!
I was NOT asking you to take any stance politically or otherwise, all I asked was why you won't deal with the charlatan ATOS nurse that lied and lied about my husband?????????
You have made it abundantly clear to me and everyone interested in this FOI that you are no more interested in the abuse of the chronic sick and physically and mentally disabled than Hitler was!!
Thankfully the media and people have seen evidence of this and one day soon you'll be called to account for your actions.
I ASK YOU AGAIN AND AGAIN WHY ARE YOU TURNING A BLIND EYE TO THESE CHARLATAN-ATOS NURSES?????????????????
Yours sincerely,
D Robinson
D Robinson left an annotation ()
How can you say that my questions are an invitation to comment rather than a request for information
The information I asked was...
1) Why are you allowing charlatan atos nurses to practise after complaints have been made and more importantly proved about them???
2) How many atos nurses have been struck off the register? (none i'll be bound)??????
3) Why are the sick and most vulnerable in our society not worth protecting? That's not an invite to make a personal comment i want to know how many nurses have been struck off the list for their mistreatment of these people???
4) do you think the complaints about atos staff are going to go away? And who has asked you to dismiss all complaints about them? Again this is a number I’m after and not a personal comment??????
D Cook left an annotation ()
D Robinson I implore you to ask the NMC why It seems that the public at large is entitled to protection, except disabled people. It will be interesting to see what NMC can come up with to justify that this nurse can only work with Atos, see below or this link
http://www.nmc-uk.org/Documents/FTPOutco...
Page 1 of 1
Conditions of Practice
4 July 2013
Name of registrant: Mrs Ingrid O’Donohoe
NMC Pin: 92Y1112E
Part(s) of the register: Registered Nurse – Sub Part 1
Adult Nursing – 09/10/1995
Interim Order to be reviewed: Interim conditions of practice order
Outcome of Review: Order confirmed
Decision on interim order
The panel decided to continue the current interim conditions of practice order.
The panel carefully considered all the information before it and heard submissions by
Ms Whyment on behalf of the NMC. The panel accepted the advice of the legal
assessor and took account of the guidance issued to panels by the NMC when
considering interim orders and the appropriate test as set out at Article 31 of The
Nursing and Midwifery Order 2001. It may only make an interim order if it is satisfied
that it is necessary for the protection of the public, is otherwise in the public interest or is
in Mrs O’Donohoe’s own interest. The panel was mindful that its role was to undertake a
risk assessment based on the information before it, and not to determine the facts of the
case.
This case was referred to the NMC on 26 March 2012 by ATOS Healthcare. This is the
fourth effective review of an interim conditions of practice order imposed on 17 April
2012. The allegations relate to Mrs O’Donohoe’s behaviour at Chelmsford Medical
Examination Centre on 19, 20 and 21 March 2012. It is alleged that Mrs O’Donohoe’s
behaviour was inappropriate when she was checking someone’s identity, and that she
asked inappropriate questions of a claimant at the examination centre. It is further
alleged that Mrs O’Donohoe became agitated and stressed and began shouting and
Page 2 of 2
swearing when carrying out another assessment. The police were called to this final
incident and Mrs O’Donohoe was allowed to leave the building.
It is alleged that this conduct was caused by a return of serious health issues.
Ms Whyment drew the panel’s attention to the on table documents sent in by Mrs
O’Donohoe’s representatives. This included:
A letter from Mrs O’Donohoe’s General Practitioner dated 20 June 2013.
“Final Report” from Occupational Health dated 26 June 2013.
A letter from Mrs O’Donohoe’s Line Manager dated 3 July 2013.
Ms Whyment accepted that Mrs O’Donohoe has fully complied with all of the conditions.
Therefore as there is no new information to undermine the current interim conditions of
practice order, it appears to be effective, workable and adequately address the
concerns raised in this case. Ms Whyment therefore invited the panel to continue the
current interim conditions of practice order on the grounds of public interest, and it being
otherwise in the wider public interest. Ms Whyment also asked that it remains in Mrs
O’Donohoe’s own interests.
This panel was not bound by the decisions of the previous panel on 5 April 2013.
However, the panel heard no new information that undermines the continuing necessity
of an order.
In all the circumstances the panel has concluded, on the basis of the information before
it, that there remains a risk of harm and repetition and the need for an interim order to
remain. The panel noted the letter from Mrs O’Donohoe’s Occupational Health Advisor
dated 26 June 2013 contained in the on-table document. This states that ‘Ms Donohoe’s
health is stable at present and she will require ongoing treatment, support and follow up.
Due to the nature of the condition, I am concluding that the symptoms may ‘flare up’ in
the future, but I am unable to predict the frequency or severity of episodes.’ Accordingly
the panel concluded that due to the seriousness of the allegations in this matter an
order remained appropriate and proportionate on the grounds of public protection and
the panel also concluded an order is otherwise in the public interest to protect the
Page 3 of 3
reputation of the professions and to declare and uphold proper standards of conduct.
The panel also determined that an order was necessary in Mrs O’Donohoe’s own
interests.
The panel next considered whether an interim conditions of practice order remains the
appropriate and proportionate response in this case. The panel recognised Mrs
O’Donohoe’s compliance with the conditions and was of the view that they effectively
addressed the concerns raised in this case. The panel noted that both parties were
content with the conditions imposed and it saw no reason to depart from them.
The panel considered whether the current conditions of practice order would provide the
necessary level of protection and concluded that there having been no material change
in the circumstances of the case an interim conditions of practice order remains the
appropriate, necessary and proportionate response in this matter. The panel was of the
view that the public would remain suitably protected by the continuation of the following
conditions;
1. You shall only work as a registered nurse for Atos Healthcare;
2. You shall use your best endeavours to provide a report to the NMC from your line
manager, prior to the next review of this order, which comments on your conduct and
performance as a registered nurse;
3. You shall use your best endeavours to provide a report to the NMC from
Occupational Health or your GP prior to the next review of this order which comments
on your engagement and compliance with any management of your ongoing health care
needs;
4. You shall inform any employer or potential employer whether for paid or unpaid
nursing work of the conditions imposed in this order.
This order will run for the period remaining on the original order
At any review the panel may revoke the order or any condition of it, it may confirm the
order, or vary any condition of it, or it may replace the order with an interim suspension
order. In certain circumstances, it may be possible for the order to be reviewed by a
Page 4 of 4
panel at an administrative meeting. Mrs O’Donohoe’s case officer will write to her about
this in due course.
Mrs O’Donohoe should notify the NMC immediately of any material change of
circumstances that may affect the interim order.
At any time, Mrs O’Donohoe or the NMC may ask for the order to be reviewed by a
panel if any relevant new information becomes available.
This decision will be confirmed to Mrs O’Donohoe in writing.
A panel of the Investigating Committee has still to deal with the allegation that has been
made against Mrs O’Donohoe. The NMC will keep Mrs O’Donohoe informed of
developments in relation to that issue.
That concludes this determination.
A Beresford left an annotation ()
"The panel was of the
view that the public would remain suitably protected by the continuation of the following
conditions;
1. You shall only work as a registered nurse for Atos Healthcare; "
Well that's ok then as long as the public are protected, the sick and disabled mustnt be worthy of even being under this heading. What in Gods name???
Alex Mc left an annotation ()
Isn't a registered nurse supposed to complete so many clinical hours a year to stay on the NMC register...What is clinical about this ATOS assessment?
Penny Nibbs left an annotation ()
Alex Mc... yes they are required to do 35 hours of CDP which is "training" or reading. but in the case of many organizations means nothing at all from them and it is left to the nurse to get her own training..450 hours of nursing experience to keep them on the register, but I don't think this is often checked by the NMC( they virtually never ask for the nurses Prep files - where this sort of data should be recorded) and it can be anything from Management down to making beds.
Georgina Smith left an annotation ()
Made very similar complaints to this one to the GMC about a 'doctor' working for Atos.
The reply from the GMC is almost identical to that of the NMC. They are bending over backwards to get out of any responsibility for dodgy HCPs.
Check out a list of dodgy HCPs and add yours at:
Name and Shame HCPs:
http://nicolasite.wordpress.com
Marty left an annotation ()
You know that KPMG act as consultants for the NMC on setting fees and also fitness to practice hearings ? What's the problem with that ? Well Atos own KPMG..
From Minutes of NMC audit committee Jan 2013
16 The general audits in teams include regular manager case audits,
dip checking and other initiatives and action plans as part of the FtP
improvement plan. In addition an external audit will be undertaken by
KPMG between January and April 2013.... P.3 of 34
http://www.nmc-uk.org/Documents/CouncilP...
KPMG are also owned by Atos http://investing.businessweek.com/resear...
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C Robinson left an annotation ()
correct me if I'm wrong, but, isn't it fraud on the NMC's part to state that a registered nurse isn't a nurse, but, a disability analyst? You are right to question this! And I agree fully with what you say, do they have a code of ethics or not?