Character assignations of victims who have lost their careers, pension and access to healthcare due to misconduct and cover ups by the NHS.

The request was refused by Parliamentary and Health Service Ombudsman.

Dear Parliamentary and Health Service Ombudsman,

Please explain what is meant when the Review Team comment on a complainee as "seeking a second bite of the cherry"?

In 2012, how can a complainee "not be seeking a determination of a breach of DPA" from The Parliamentary Health Service Ombudsman when one of the patient's main concerns between June 2009 and April 2014 was that the NHS had failed to correct data brought to the attention of nine NHS departments in 2009?

When Victoria Surgery, Bury St Edmunds made a referral in 2009 stating that the patient had children in care, why was this not considered to be a "breach of DPA" when the patient's medical files provide no reference to their client having children of their own expect for a medical note on a miscarriage?

Why was Suffolk NHS and Victoria Surgery, Bury St Edmunds, IP33 NOT investigated or reprimanded by the PHSO for refusing to best engage in mediation (since 2010) with a vulnerable NHS patient?

Why did the PHSO consider it acceptable that staff at an NHS site in Victoria Street, Bury St Edmunds were able to sidestep from engaging in the NHS complaint system?

If Suffolk NHS was genuinely concerned that a patient's access to NHS Medical files may cause "potential harm" then why was Victoria Surgery staff allowed to duck out of attending a Mediation Meeting in 2012?

Yours faithfully,

R. Davies

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

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Intranet, and may be automatically logged, monitored and/or recorded for
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foiofficer, Parliamentary and Health Service Ombudsman

 

 

Dear R Davies

 

RE: Information request FDN-200231

 

Thank you for your email of 18 August 2014 in which you requested the
following information:

 

‘Please explain what is meant when the Review Team comment on a complainee
as  "seeking a second bite of the cherry"?

In 2012, how can a complainee "not be seeking a determination of a breach
of DPA" from The Parliamentary Health Service Ombudsman when one of the
patient's main concerns between June 2009 and April 2014 was that the NHS
had failed to correct data brought to the attention of nine NHS
departments in 2009?

When Victoria Surgery, Bury St Edmunds made a referral in 2009 stating
that the patient had children in care, why was this not considered to be a
"breach of DPA" when the patient's medical files provide no reference to
their client having children of their own expect for a medical note on a
miscarriage?

Why was Suffolk NHS and Victoria Surgery, Bury St Edmunds, IP33 NOT
investigated or reprimanded by the PHSO for refusing to best engage in
mediation (since 2010) with a vulnerable NHS patient?

Why did the PHSO consider it acceptable that staff at an NHS site in
Victoria Street, Bury St Edmunds were able to sidestep from engaging in
the NHS complaint system?

If Suffolk NHS was genuinely concerned that a patient's access to NHS
Medical files may cause "potential harm" then why was Victoria Surgery
staff allowed to duck out of attending a Mediation Meeting in 2012?’

 

As I understand it you are requesting information about a specific
complaint that the Ombudsman has considered.

 

First, it might be helpful if I explain that the legislation that governs
the work of the Ombudsman, the Health Service Commissioners Act 1993,
stipulates that the Ombudsman’s casework must be carried out in private.
We can only disclose information obtained from third parties about
complaints in specified circumstances, as set out at Section 15(1)(a) of
the Health Service Commissioners Act (none of which apply here). 

 

As a result, we are prevented from disclosing information from our case
files to you under the Freedom of Information Act 2000, as the exemption
at s.44 of the Act would apply.  This exemption applies to information
whose release is prohibited by any other enactment (in this instance the
Health Service Commissioners Act).

 

It is unclear whether the information you are seeking is your own but if
it is then we would be happy to consider a subject access request from
you. If you are seeking your personal information and or information from
your case file then please write to [1][email address].

 

I hope this response is helpful. However, if you are unhappy with my
decision you can ask for a review by email to:
complaints[2][email address].

 

If you still have concerns after that, you can ask the Information
Commissioner’s Office to look into your case.  Their contact details are
available on their website at: [3]www.ico.org.uk.

 

Yours sincerely

 

 

 

 

David Thomas

FOI/DP Officer

 

 

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All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
mailto:[email address]
3. http://www.ico.org.uk/

Dear Parliamentary and Health Service Ombudsman,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Character assignations of victims who have lost their careers, pension and access to healthcare due to misconduct and cover ups by the NHS.'.

By the time that victims of clinical negligence by four NHS departments have brought their case to the attention of the PHSO, one seeks justice, not unsubstantiated remarks.

The remarks "last bite of the cherry" were possibly made by your PHSO Review Team when reviewing a case file against Victoria Surgery, NHS Suffolk.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

R. Davies

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

phsothefacts Pressure Group left an annotation ()

R.Davies I suggest you join phsothefacts pressure group on the phsothefacts.com website. You clearly deserve answers to your questions. We may be to help.

Complaintsphso, Parliamentary and Health Service Ombudsman

Dear R Davies

 

We are writing in response to your email of 2 November 2014. We are sorry
that you are dissatisfied with our handling of your information request
entitled ‘Character assignations of victims who have lost their careers,
pension and access to healthcare due to misconduct and cover ups by the
NHS’.

 

Under our internal complaints procedure, your complaint has been passed to
our Head of Risk, Assurance and Programme Management Office, Mr Steve
Brown.

 

Mr Brown will consider your concerns and will send you a full reply once
his review is complete. This review of your complaint is the only review
that we will undertake. 

 

We aim to reply to such complaints within 40 working days.

 

Yours sincerely

 

Review Team

Parliamentary and Health Service Ombudsman

 

From: R. Davies [mailto:[FOI #225557 email]]
Sent: 02 November 2014 13:04
To: foiofficer
Subject: Internal review of Freedom of Information request - Character
assignations of victims who have lost their careers, pension and access to
healthcare due to misconduct and cover ups by the NHS.

 

Dear Parliamentary and Health Service Ombudsman,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Parliamentary and Health
Service Ombudsman's handling of my FOI request 'Character assignations of
victims who have lost their careers, pension and access to healthcare due
to misconduct and cover ups by the NHS.'.

By the time that victims of clinical negligence by four NHS departments
have brought their case to the attention of the PHSO, one seeks justice,
not unsubstantiated remarks.

The remarks "last bite of the cherry" were possibly made by your PHSO
Review Team when reviewing a case file against Victoria Surgery, NHS
Suffolk.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://www.whatdotheyknow.com/request/c...

Yours faithfully,

R. Davies

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #225557 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear PHSO The Facts Pressure Group,

Can I congratulate members of your group for their presence in The Wilson Room, Westminster at the PASC Meeting yesterday.

What do you feel were the 5 key highlights for this growing PHSO Pressure Group?

I will be joining your group. I too have provided a link for the website.
http://phsothefacts.com/background/

Yours sincerely,

R. Davies

Complaintsphso, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

Jt Oakley left an annotation ()

R. Davies...

The PHSO objects if you put a link to Phsothefacts, which it seems to regards as the work of the devil.

The head of FoI may write to WDTK and insist that your annotation be removed because it is 'advertising'.

Brown Steve, Parliamentary and Health Service Ombudsman

4 Attachments

 

 

Steve Brown

Head of Risk and Assurance

Parliamentary and Health Service Ombudsman

E: [email address]

W: [1]www.ombudsman.org.uk

 

Follow us on

[2]fb  [3]twitter  [4]linkedin

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/
2. http://www.facebook.com/phsombudsman
3. http://www.twitter.com/PHSOmbudsman
4. http://www.linkedin.com/company/parliame...

Jt Oakley left an annotation ()

Mr Brown does not seem to be giving you cogent reasons why the request cannot be answered in his reply, other than the PHSO's favourite 'Because I say so 'response.

Reasoning outlined in this ICO guidance:

https://ico.org.uk/media/for-organisatio...

Ps He can't spell ' fourth' either.

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