BSMHFT procedure in Staff Breach of Professional Conduct

C Rock made this Freedom of Information request to Birmingham and Solihull Mental Health NHS Foundation Trust Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Dear Birmingham and Solihull Mental Health NHS Foundation Trust,

Please can you provide, or direct me to, BSMHFT procedure(s) followed in dealing with staff breach of professional conduct (where substantiated by evidence):

To include:

Breach of BSMHFT standing procedures,
Breach of NHS procedures,
Breach of NICE Guidelines (without due consideration),
Cause of Physical or Mental Harm to patient;
Lack of Candour, falsifications, lying
Any other abuse of patient or Patient Rights

Thank you

Yours faithfully,
C Rock

Dear Birmingham and Solihull Mental Health NHS Foundation Trust,

NIL response to-date for investigation procedure.
No reasons given.

When I send my allegations to you without having any procedure available, I will expect the Trust not to fail in documented procedure post-submission.
I will not be held responsible for information left out or superflous to my request.

Yours faithfully,

C Rock

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr Rock

Can you please forward on the email you are referring to which a response was not provided to you? Or could you provide more content and I'll investigate this further.

Best Wishes

Information Governance & Freedom of Information (FOI) Administrator

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Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

Missed request:

Yes certainly this is delayed and I have not been responsive following up due to the stress and illness, some caused through NHS past actions.

(It relates to evidenece given to the PHSO in 2015 - 2016 which was against the rule of candour generally accepted under trust to be expected of NHS Trust employees. I cannot apologise for the time it took to obtain the evidence from the PHSO or the off-piste responses received in efforts to get it investigated internally.)

I merely request the procedure under which such notification (of the evidence) will be analysed and progressed, regarding the original request to you which was :-

Please can you provide, or direct me to, BSMHFT procedure(s) followed in dealing with staff breach of professional conduct (where substantiated by evidence):

Breach of BSMHFT standing procedures, local, and not necessarily mainstream.
Breach of NHS procedures, mainstream
Breach of NICE Guidelines without due consideration, collaboration with patient or/and Carers,and documentation of such as required under NHS contractual requirement.
Cause of Physical or Mental Harm to patient through direct abusive contact (however slight) or through lack of provision of the above NHS requirenments.
Lack of Candour, falsifications, false assumptions, poor patient assessments, poor patient contact or direct lying in regard to dates, actions, assumptions made on Care provision etc.

This a serious matter and I imagine there there would be serious uptake by the Trust, with defined investigation pathway etc.

Hypothetical or not, what are your procedures please?

(Since my letter of evidence to you in due course is likely to be shared with other parties, you may not wish to treat this is an ordinary complaint also, since the dates on the evidenece are past NHS Complint Procedure submissions are past the timeline by some years, it may need special high level attention.)

The hypothetical case stands, however.

Apologies for my request - I 'd just like the facts on this please.
Thank you.

Yours sincerely,

C Rock

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr C Rock

Thank you or your request for information.

Your request will be dealt as a Freedom of Information Request however, I note that you reference complaints in your email below where you state "Since my letter of evidence to you in due course is likely to be shared with other parties, you may not wish to treat this is an ordinary complaint also, since the dates on the evidence are past NHS Complaint Procedure submissions are past the timeline by some years, it may need special high level attention.)".

Would you like us to forward your email to the Trust's complaints team?

Best Wishes

Information Governance & Freedom of Information (FOI) Administrator

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Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

I will not be sending a complaint via whatdotheyknow, it will go to Trust CE main Office for handling as per NHS Complaints Procedure. But this is not a case of patient failure but of NHS Complaints Procedures failure by the Trust.

My (pending) communication will be a statement of fact and instance of abuse of NHS Complaints for the Trust to deal with as it sees fit to act, at which time you may want to provide the procedure I ask for, if it cannot be provided here. My evidence indicates serious maladministration by Trust office.

I cannot rush this, and delay can be expected due to ongoing matters in my own health.

However it may be shared with Media interests with request for delay for Trust response (1 month) as fair gesture.

The Parliamentary Accounts Committee may also be made aware of Trust instances of failure in NHS Candour, in first instance, during PHSO Scruitny session (October).

Thank you

Yours sincerely,

C Rock

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr C Rock

Thank you for your request for information regarding BSMHFT procedure in Staff Breach of Professional Conduct.

Your request was received on 25/09/2023 and I am dealing with it under the terms of the Freedom of Information Act 2000.

You will receive the information requested within 20 working days unless the Trust does not hold the information or there is a reason for it to be withheld. I will write to you in any event.

Accessibility requirements: If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print, verbal explanation and so on, then please let me know.

If you have any queries or concerns, then please do not hesitate to contact me. Please remember to quote the reference number above in any future communications.

Further information about your rights is also available from the Information Commissioner at: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or www.ico.gov.uk

Best Wishes
Information Governance & Freedom of Information (FOI) Administrator

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Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

Response to my general questions required first, please.

Details of BSMHFT / PHSO maladministration will be presented to GOVT. PACAC on Friday next.

I'll be requesting BSMHFT action after that if not resolved by PACAC and PHSO re submitting false information intended to sway decision outcomes.

Yours sincerely,

C Rock

Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),
In addition,

(1) Would you please provide me with the contact name, postal address, email address and telephone number of your Headquarters, for Serious Complaints.

(2) Please would you advise me if visitor car access to TRUST Headquarters requires visitors to pay Birmingham City Clean Air Zone access charges where applicable to vehicle.

Yours sincerely,
C Rock

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr C Rock

This request has been logged to share a response regarding to policies, procedures ,guidelines that covered elements of procedures staff breach of professional conduct.

If this is not your request can you please let me know.

Best Wishes

Information Governance & Freedom of Information (FOI) Administrator

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FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr C Rock

Thank you for your request for information regarding Trust address and contact details for serious complaints.

Your request was received on 18/10/2023 and I am dealing with it under the terms of the Freedom of Information Act 2000.

You will receive the information requested within 20 working days unless the Trust does not hold the information or there is a reason for it to be withheld. I will write to you in any event.

Accessibility requirements: If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print, verbal explanation and so on, then please let me know.

If you have any queries or concerns, then please do not hesitate to contact me. Please remember to quote the reference number above in any future communications.

Further information about your rights is also available from the Information Commissioner at: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or www.ico.gov.uk

Best Wishes
Information Governance & Freedom of Information (FOI) Administrator

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C Rock left an annotation ()

Thank you! Your request is long overdue, by more than 40 working days. Most requests should be answered within 20 working days. You might like to complain about this, see below.

"Unhappy about the response you got to your request — BSMHFT procedure in Staff Breach of Professional Conduct"
No Not "Unhappy", Appalled.

Please do not superciliously play down enquiry failures and, potentially victims of failures. Have a little respect for users, PLEASE !

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

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Dear Mr C Rock

 

Thank you for your request for information.

 

We have considered your request and can provide the following information
in the document attached.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, you should write to
the Freedom of Information Officer, BSMHFT, 50 Summer Hill Road,
Birmingham, B1 3RB, or e-mail [1][Birmingham and Solihull Mental Health NHS Foundation Trust request email]

 

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by our trust. The Information Commissioner can be
contacted at:

 

Information Commissioner's Office Wycliffe House Water Lane Wilmslow
Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or
[2]www.ico.gov.uk

 

We are always interested in improving our services. To give us feedback
regarding your experience with the Freedom of information office, please
visit:
[3]http://www.bsmhft.nhs.uk/about-us/inform...

 

Best Wishes

 

Information Governance & Freedom of Information (FOI) Administrator

 

                

 

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Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

Thank you. I note that information was requested 25th July 2023 and that your response took far too long i.e. in breach of FOI specifications. I apprecieate I took a long time to respond to some responses, but this must be understandable in my disposition of curent illnesses. I note it, but will not persue this.

Thank you for the information I requested and this downloaded with no problem, and would qualify for FOI 'part supplied', to close this request.

Then, I note you did not include the Duty of Candour information because you said it was 'under review', which I hope will not take too long to enact.
However, whilst under review would it be possible to forward to me the 'old' or previous applicable requirements of Candour, i.e. as applicable before the 'Under Review' document was in construction, or received for consideration?

Yours sincerely,
C Rock

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

1 Attachment

Dear Mr C Rock

Thank you for your request for information.

We have considered your request and can provide the following information in the document attached.

If you are unhappy with the service you have received in relation to your request and wish to request a review of our decision, you should write to the Freedom of Information Officer, BSMHFT, 50 Summer Hill Road, Birmingham, B1 3RB, or e-mail [Birmingham and Solihull Mental Health NHS Foundation Trust request email]

If you are not content with the outcome of your review, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by our trust. The Information Commissioner can be contacted at:

Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or www.ico.gov.uk

We are always interested in improving our services. To give us feedback regarding your experience with the Freedom of information office, please visit: http://www.bsmhft.nhs.uk/about-us/inform...
Best Wishes
Information Governance & Freedom of Information (FOI) Administrator

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Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

For information only at ths time.

I note information was requested 25th July 2023 and not 25/09/2023 as you stated in later correspondence; therefore your response was in breach of FOI stiplulations. I invite you to record this for internal records and any internal actions as required.

I note you did not include the Duty of Candour information because you said it was 'under review'. You could not provide me with current or 'in force' version or the previous version in lieu of this which may have had more relevance to a complaint of historic failures at BSMHFT.

Thank you for the BSMHFT customer and complaint contacts.

I can close this request with what I now have, thank you.

Yours sincerely,
C Rock

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr C Rock

I will look into your query regarding your previous request that was unanswered, I'm currently going through the requests we have responded to and will feedback to you my findings.

I have also noted your follow up request regarding the Duty of Candour Policy and will take this request forward.

Best Wishes
Information Governance & Freedom of Information (FOI) Administrator

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FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr Rock

I have had a look at our records and apologies I cannot see a request form July 2023.

Can you please forward this request to me, and I'll get it logged an returned to you asap.

Also, to confirm, you are happy with the response provided to you for FOI 0297/2023 and you do noy wish to access the historic Duty of Candour?

Best Wishes

Information Governance & Freedom of Information (FOI) Administrator

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Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

This request is shown as delivered from this source and can be seen in this link.
https://www.whatdotheyknow.com/request/1...

As follows:
BSMHFT procedure in Staff Breach of Professional
C Rock 25 July 2023
Delivered

Dear Birmingham and Solihull Mental Health NHS Foundation Trust,

Please can you provide, or direct me to, BSMHFT procedure(s) followed in dealing with staff breach of professional conduct (where substantiated by evidence):

To include:

Breach of BSMHFT standing procedures,
Breach of NHS procedures,
Breach of NICE Guidelines (without due consideration),
Cause of Physical or Mental Harm to patient;
Lack of Candour, falsifications, lying
Any other abuse of patient or Patient Rights

Thank you

Yours faithfully,
C Rock
............................................
End of original request.
You may still be able to supply information on this, if any relevant materials are in use or in use within the last 8 years, say.
Yours sincerely,

C Rock

Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

To confirm, my original report can be seen here (3 spaces added to link so as to be visible):

https:// www.whatdotheyknow.com/ request/ bsmhft_procedure_in_staff_breach#outgoing-1497762

It it indicated to have been 'delivered'

However, to complete the request:
You have supplied some information as you have notified me and only one part was not supplied due to 'being revised'.
I have asked for previous version if any applicable in 8 years previously. Please confirm as applicabe to current availablity.
Yours sincerely,
C Rock

FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

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Dear Mr Rock

It is believed a response was sent to you regarding Breach of NICE Guidelines and procedures.

Which policies are you seeking previous versions for?

Best Wishes

Information Governance & Freedom of Information (FOI) Administrator

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Dear FOIOFFICE (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),
My request was:

Please can you provide, or direct me to, BSMHFT procedure(s) followed in dealing with staff breach of professional conduct (where substantiated by evidence):
To include:
Breach of BSMHFT standing procedures,
Breach of NHS procedures,
Breach of NICE Guidelines (without due consideration),
Cause of Physical or Mental Harm to patient;
Lack of Candour, falsifications, lying
Any other abuse of patient or Patient Rights.

If you have completed your response to this request I will take it that it's the best you can do and I will have to see if it contains material procedures in BSMHFT dealing with misconducts of the type I exampled.

The procedure I asked for has nothing to do with the Information Governance & Freedom of Information (FOI) Administrator, but is to do with BSMHFT candour and transparency of operations including FOI under which your response will be judged by me in complaints regarding lack of candour of specific named persons, and the manner in which BSMHFT has been unable to recognise to-date through investigations involvng the PHSO and prejudice identified in both services.

I have limited capacity in this but I'm thinking I have assisted you in every way I can. Thank you for your response so far, and you may regard my question as closed.

Yours sincerely,
C Rock