Can NHS England investigate individual cases?

The request was successful.

Dear NHS England,

I formally request the following information under the Freedom of Information Act 2000.

1. Does NHS England have the jurisdiction to investigate individual cases that have exhausted the NHS complaint procedures, following which; the complainant has supportive evidence of an NHS and/or Ombudsman cover up?

2. If the answer to 1 above is yes:

(a) What can NHS England investigate in these circumstances? And

(b) What action can NHS England take if the allegation of cover up is substantiated?

3. If the answer to 1 above is no:

(a) Does NHS England have the jurisdiction to appoint and/or work in conjunction with any other NHS organisation to investigate an individual case, such as the one described above? If so, please name these NHS organisations? And

(b) Does NHS England have the jurisdiction to appoint an independent person or persons and/or organisation, with no association whatsoever with the NHS/Department of Health/Government, to investigate an individual case such as the one described above?

I look forward to your response.

Yours faithfully,

Will Powell

FOI England (NHS ENGLAND), NHS England

Dear Mr Powell,

 

RE: Freedom of Information – Acknowledgement (Our Ref: FOI- 008256)

 

Thank you for your Freedom of Information (FOI) request dated 21 August
2015.

 

Please be assured that your request is being dealt with under the terms of
the Freedom of Information Act 2000 and will be answered within twenty
working days of receipt.

 

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 directly to this email. This message has been sent
from a central mailbox and incoming messages will not be received.

 

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: [2][NHS England request email]

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Mr Powell,

 

Re:      Freedom of Information request (Our Ref: FOI-008256)

 

Thank you for your Freedom of Information (FOI) request dated 21 August
2015

 

Your exact request was:-

 

“I formally request the following information under the Freedom of
Information Act 2000.

 

1. Does NHS England have the jurisdiction to investigate individual cases
that have exhausted the NHS complaint procedures, following which; the
complainant has supportive evidence of an NHS and/or Ombudsman cover up?

 

2. If the answer to 1 above is yes:

 

(a) What can NHS England investigate in these circumstances? And

 

(b) What action can NHS England take if the allegation of cover up is
substantiated?

 

3. If the answer to 1 above is no:

 

(a) Does NHS England have the jurisdiction to appoint and/or work in
conjunction with any other NHS organisation to investigate an individual
case, such as the one described above? If so, please name these NHS
organisations? And

 

(b) Does NHS England have the jurisdiction to appoint an independent
person or persons and/or organisation, with no association whatsoever with
the NHS/Department of Health/Government, to investigate an individual case
such as the one described above?”

 

NHS England holds some information in relation to your request.

 

1.    Does NHS England have the jurisdiction to investigate individual
cases that have exhausted the NHS complaint procedures, following which;
the complainant has supportive evidence of an NHS and/or Ombudsman cover
up?

 

NHS England cannot re-investigate a complaint which has already been
investigated and responded to. The second stage of a complaint if it has
not been resolved by the original organisation is the Parliamentary and
Health Service Ombudsman (PHSO). If there was anything untoward found as a
result of or with a complaint investigation involving either NHS England
or the PHSO, the action taken and the organisations involved would depend
on what has been identified. Therefore each complaint raised would need to
be dealt with on a case by case basis. There is therefore no specific
procedure or policy to deal with the issue raised.

 

2. If the answer to 1 above is yes:

 

(a)  What can NHS England investigate in these circumstances? And

 

N/A

 

(b)  What action can NHS England take if the allegation of cover up is
substantiated?

 

N/A

 

3. If the answer to 1 above is no:

 

(a)  Does NHS England have the jurisdiction to appoint and/or work in
conjunction with any other NHS organisation to investigate an individual
case, such as the one described above? If so, please name these NHS
organisations? And

 

NHS England would appoint investigators and work with any organisation
appropriate to investigate any serious incident or issue identified. Most
likely this would not be under the NHS complaints process for the reason
stated in the response to Q1. Again this would be on a case by case basis

 

 

(b)  Does NHS England have the jurisdiction to appoint an independent
person or persons and/or organisation, with no association whatsoever with
the NHS/Department of Health/Government, to investigate an individual case
such as the one described above?”

 

As above

 

 

Copyright:- NHS England operates under the terms of the open government
licence. Please see the NHS England Terms and conditions on the following
link [1]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 by writing to us, within two
months of the date of this letter, to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [2][NHS England request email]

 

Please quote the reference number FOI-008254 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: [3][email address]  

Website: [4]www.ico.gov.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, [5][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: [6][NHS England request email]

show quoted sections

References

Visible links
1. http://www.england.nhs.uk/terms-and-cond...
2. mailto:[NHS England request email]
3. mailto:[email address]
4. http://www.ico.gov.uk/
5. mailto:[NHS England request email]
6. mailto:[NHS England request email]

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org