Complaints against private healthcare providers delivering NHS contracts.

The request was successful.

phsothefacts Pressure Group

Dear Parliamentary and Health Service Ombudsman,

1. Has the Ombudsman investigated any complaints against private healthcare providers such as Virgincare in the last 3 years? (note Virgincare is just an example for clarification - please include all private healthcare providers delivering NHS contracts in your search).

2. Has the Ombudsman upheld any complaints against private healthcare providers in the last 3 years? If so please provide a breakdown.

3. Is it beyond the remit of the Ombudsman to investigate private healthcare providers? If so please provide me with the specific legislation which prevents such investigation. By specific please give numbered reference and not just generalised documentation.

Yours faithfully,

Della Reynolds.

phsothefacts Pressure Group

informationrights@ombudsman.org.uk, 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.

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

InformationRights, Parliamentary and Health Service Ombudsman

Dear Della Reynolds

 

PHSO reference FDN-275094

Your request for information

 

Thank you for your correspondence of 28^th February 2018 in which you
requested information from the PHSO.

 

Your request shall be handled as a request under the Freedom of
Information Act 2000. A response shall be sent on or before 28^th March
2018.

 

Regards,

 

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

E: [1][email address]

W: [2]www.ombudsman.org.uk

 

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

References

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

InformationRights, Parliamentary and Health Service Ombudsman

Dear Della Reynolds

 

PHSO reference FDN-275094

Response to your request for information

 

Thank you for your request of 28 February 2018. Our response is as
follows:

 

1. Has the Ombudsman investigated any complaints against private
healthcare providers such as Virgincare in the last 3 years?  (note
Virgincare is just an example for clarification - please include all
private healthcare providers delivering NHS contracts in your search).

 

2. Has the Ombudsman upheld any complaints against private healthcare
providers in the last 3 years?  If so please provide a breakdown.

 

Yes, please see table for details:

 

+-----------------------------------------------------------------------+
|Independent Provider Complaints |2014/15 |2015/16 |2016/17 |
|----------------------------------------+----------+---------+---------|
|Complaints received | 762| 699| 841|
|----------------------------------------+----------+---------+---------|
|Complaints accepted for investigation | 205| 175| 202|
|----------------------------------------+----------+---------+---------|
|Investigations concluded | 205| 152| 226|
|----------------------------------------+----------+---------+---------|
|  - upheld | 31| 14| 13|
|----------------------------------------+----------+---------+---------|
|  - partly upheld | 38| 36| 52|
+-----------------------------------------------------------------------+

 

3. Is it beyond the remit of the Ombudsman to investigate private
healthcare providers? If so please provide me with the specific
legislation which prevents such investigation.  By specific please give
numbered reference and not just generalised documentation.

 

Bodies that are subject to investigation are listed in Section 2 of the
Health Service Commissioners Act 1993. Details about complaints against
private healthcare providers are available on our website:

 

[1]https://www.ombudsman.org.uk/making-comp...

 

 

Right of appeal

 

If you have any queries about this response, please contact the Freedom of
Information Team. Please remember to quote the reference number above in
any future communications. If you are unhappy with the service you have
received in relation to your request or wish to request an internal
review, please respond to this email and explain why you are dissatisfied.

 

If you are not content with the outcome of your internal review, you may
apply directly to the Information Commissioner’s Office for a decision.
Generally, the Commissioner will not make a decision unless you have
exhausted the complaints procedure provided by the PHSO. The Information
Commissioner’s Office can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

[2]https://ico.org.uk/

 

Regards,

 

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

E: [3][email address]

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

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

References

Visible links
1. https://www.ombudsman.org.uk/making-comp...
2. https://ico.org.uk/
3. mailto:[email address]
4. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

J Roberts left an annotation ()

phsothefacts,

You might be interested in this FTT decision:

http://www.bailii.org/uk/cases/UKFTT/GRC...

It concerns a woman whose mother fell in her home whilst being moved by two care staff and who died shortly afterwards. The appellant unsuccessfully sought copies of notes, minutes etc from the Trust concerned. The Information Commissioner backed the Trust – on the balance of probability the information requested did not exist. The FTT took a different view:

“29. We find it inconceivable that the Lay Member would not have taken notes of her interviews with the staff/care workers, and the notes of the meeting of 31 January 2017 support this. We find therefore on the balance of probabilities that notes did exist of this meeting in March 2016...Again, it is inconceivable that, having received these notes, they would not have been kept by the Trust."

On the issue of private health care providers, in this case the complainant's mother was being moved by carers employed by Home Care Independent Living (I'm not sure how this compares to Virgincare). The Trust claimed that it could not interview the Home Care staff. The Tribunal concluded:

“57. Secondly, having read the advice, we think that the Trust’s description of the content of the legal advice to the Appellant misrepresents the advice that was given. We think it is misleading to say that the advice was clear that the Trust could not interview them be cause it did not manage them."

The dangers of dealing with a Trust over the telephone are made apparent in paragraph 4.

The Decision of the Information Commissioner:

https://ico.org.uk/media/action-weve-tak...

Looking for an EU Authority?

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

AskTheEU.org