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Case Subject Access Request HS224883 (2)

We're waiting for C Rock to read a recent response and update the status.

Dear Parliamentary and Health Service Ombudsman,

I am aware of an outstanding request for general filed information in this case at https://www.whatdotheyknow.com/request/c... but I have not recently been updated on progress.

This request is more specific asking to see the advice used by the PHSO when negotiating a so-called resolution in case 224883 in November 2015.

You have said caseworkers are lay and not trained in medical matters. In the case mentioned the caseworker identified only one but serious failure in a catalogue of many, contributing to the outcome: my son’s death.

In an extraordinary statement summing up yet outwardly playing down the importance of the failure, your caseworker said “even if [the NHS authority] had carried out [correct and accepted practice of identifying Carers in mental health in a Care Programme], “the outcome would probably have been the same”.

You have been made aware that the failure to communicate in a care dialogue was the main drive of my complaint to the heath authority before my son died, but that was totally ignored in this context, as was my bringing NHS Practice to your attention with reference to published sources.

For many years, especially for people in need of treatment but ‘without insight' (as confirmed in this case by specialist professional), it has been strongly promoted health practice to support such persons by ensuring dialogue with ‘carer(s)’. As part of NICE guidelines it is a patient’s and their potential carer’s right to be fully informed and consulted, and to be treated with best practice; and this is enshrined in NHS ‘constitution’. No record of such consultation has been shown. It did not happen.

I. Please copy to me the written or verbal ‘professional’ advice the caseworker was referring to when this extraordinary—and offensive statement, against NHS principles—was used.

II. Please tell me who gave this opinion to PHSO, and their status and qualification.

III. Were they NHS employed or from NHS background?

Considering that the health Trust and GP involved had five years of opportunity to apply the correct care pathway and involve Carers, I can not see that the failure was as trivial as you attempt to suggest; hence my question.

Advice such as this diminishes the sincerity of PHSO health investigations, and should not have passed the merest quality checks. I will be pressing for a full and candid reply at the highest level within or outside the PHSO.

Yours faithfully,

C Rock

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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Dear Parliamentary and Health Service Ombudsman,

PLEASE NOTE I am still waiting for a response to this enquiry and you have not answered my question first placed in November the year you issued the this statement November 2015 on the anniversary of my sons avoidable death and contributed to by Birmingham and Solihull Mental Health NHS Trust and his GPs Bernays and Whitehouse of Solihull West Midlands.

I can appreciate your reluctance to revisit past errors, and deliver open and honest responses countering PHSO previous wisdom, however I consider waiting nine years for a transparent inquiry into that negligence to be more than excessive and way beyond the target set and agreed by Government.

I telephoned you on 24th Sept requesting an update to proceedings with this complaint and with complaint F0002055 which has still not been progressed to balanced resolution.

The request for precise information regarding the advice received still stands as a personal request under DPA. viz what was the source of the professional wisdom passed to your lay advisers, and who gave it please?

Yours faithfully,

C Rock

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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Brenda Prentice left an annotation ()

Just more unbelievable arrogance, and they get away with it. Well enough is enough!!!!

InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Rock,

 

FDN-274880 - Your information request

 

Thank you for your email of 26 October 2017 requesting information under
the Freedom of Information Act 2000 (FOIA); held by the Parliamentary and
Health Service Ombudsman (PHSO) under case reference HS-224883.  Your
exact request was:

 

“I.      Please copy to me the written or verbal professional advice the
caseworker was referring to when this extraordinaryand offensive
statement, against NHS principleswas used.
II.     Please tell me who gave this opinion to PHSO, and their status and
qualification.
III.    Were they NHS employed or from NHS background?”

 

I will address your questions in turn as they appear in your email.

 

I.             Please copy to me the written or verbal professional advice
the caseworker was referring to when this extraordinaryand offensive
statement, against NHS principleswas used.

Applicant’s request for their own personal data under FOIA are not FOI
requests and invoke the exemption at s40(1) of the FOIA.   These are
handled as subject access requests (SAR) under the Data Protection Act
1998 (DPA).  You say in your email that you are “aware of an outstanding
request for general filed information in this case at
[1]https://www.whatdotheyknow.com/request/c...
“, this aspect of your request will be dealt with as part of your subject
access request and a response will be issued in due course.

II.     Please tell me who gave this opinion to PHSO, and their status and
qualification.

III.    Were they NHS employed or from NHS background?

PHSO obtained clinical advice from a registered medical practitioner who
is also a member of the Royal College of Psychiatrists. The adviser has
experience in inpatient, crisis resolution, community and outpatient
psychiatry.  I have withheld the name of the clinical adviser as this is
exempt under section 40(2) of the FOIA: Disclosure of this data into the
public domain would be against the legitimate expectations of the person
concerned and unfair and a breach of the first data protection principle
as set out at schedule 1 of the Data Protection Act 1998.  Accordingly,
such information is exempt under section 40(2) of the Freedom of
Information Act 2000 by virtue of section 40(3)(a)(i).

 

I hope that the information I have provided is helpful.  If you are
unhappy with the way I have handled your information request, it is open
to you to request an internal review.  You can do this by sending an email
to [2][Parliamentary and Health Service Ombudsman request email].  You will need to specify what
the nature of the issue is and we can consider the matter further.  Beyond
that, it is open to you to complain to the Information Commissioner’s
Office ([3]www.ico.org.uk).

Yours sincerely,

 

 

 

 

Sarah Otto

Freedom of Information / Data Protection Team

Parliamentary and Health Service Ombudsman

E: [Parliamentary and Health Service Ombudsman request email]

W: [4]www.ombudsman.org.uk

 

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References

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1. https://www.whatdotheyknow.com/request/c...
2. mailto:[Parliamentary and Health Service Ombudsman request email]
3. http://www.ico.org.uk/
4. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

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