Cost of NHS payouts in claims to BSMHFT

C Rock made this Freedom of Information request to NHS Resolution

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by NHS Resolution.

Dear NHS Resolution,

(1) Please can you give me levels of payout in BSMHFT (Birmingham and Solihull Mental Health NHS) in cases or claims of death of service users, by year, for up to 10 years past?

(2) To help your FOI obligation to questioner, and if your office thinks there are different levels or degrees of death circumstances of negligent/culpable/accidental etc (i.e Not natural causes), please give your classification, and commensurate payouts in £s /by class.

(3) Please give figures for longest period where data are available within 10 yrs AND to allow useful response within FOI cost limit, please provide data for as many years as you can up to max 10 years working backwards from latest figures, within your obligation.

(4) Please state why you refuse the request if you deem that to be the outcome.

Yours faithfully,

C Rock

FOI, NHS Resolution

Thank you for your correspondence which we received today. If your correspondence constitutes a valid request for information under the Freedom of Information Act 2000, we will endeavour to respond promptly, and no later than the twentieth working day following the date of receipt of the request. However, please note that we may ask you to clarify your request where its terms are not clear to us or where we need additional information in order to search for the requested information. Where possible, we will provide you with advice to assist you in describing your request. If we need further details to identify or locate the information, then the 20 working days will commence the day after we receive the required clarification from you. Please be aware that there is also provision for us to claim a reasonable extension to this limit, up to an additional 20 working days, where we need more time to consider the public interest test. Further information on how to access information from a public body is available on the website of the Information Commissioner's Office. Information Access I Corporate Governance Team NHS Resolution

Disclaimer.

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Dear NHS
FOI Responses

This request is in delay. Please would you respond to avoid potential escalation

Yours faithfully,

C Rock

FOI, NHS Resolution

Dear C Rock,

Please accept our sincere apologies for the delay caused in responding to your request for information.

We hope to be able to provide you with a substantive response by next week.

We apologise for any inconvenience caused.

Kind Regards

Bunmi Ogunseye (pronounced ‘Boomi’)
Information Access Manager | Corporate Governance Team
NHS Resolution
2nd Floor, 151 Buckingham Palace Road, London, SW1W 9SZ

Advise / Resolve / Learn
resolution.nhs.uk

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FOI, NHS Resolution

1 Attachment

Dear C Rock,

Your request for information below has been considered. Please find our response attached.

Please accept our apology for the delay in responding to your request.

Kind Regards

Bunmi Ogunseye (pronounced ‘Boomi’)
Information Access Manager | Corporate Governance Team

NHS Resolution
2nd Floor, 151 Buckingham Palace Road, London, SW1W 9SZ

Advise / Resolve / Learn
resolution.nhs.uk

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Dear FOI,

Thank you for this information. I was looking for a range of results but I note you have disqualified useful comparison in giving one year only, and a total.

(1) I asked for the range of payouts but you provided 'Damages' and their costs only. Please justify your provision of “Damages” not Payouts in other settlements (where segregated).

(2) You excluded annual totals for claims which you considered potentially identifiable, on very weak reasoning, considering the totals given for just one year 2016/17 (though not indicating the number of cases). In any case, perplexing that you wish it concealed, and meaning can be drawn from that. It also begs the question of actual degree in “risk of identification”.

(3) You have stated there was none in certain years. Excuse me but this is incorrect.
I was the recipient of payout(*)—settlement—in negligent care and death involving failed treatment; delayed treatment; inappropriate discharge; inadequate care; unexpected death, and / or self harm of the deceased in such a year. Your statement “no damages were paid out” clearly shows a dichotomy in financial record, or data error: at least, unreliable figures and not representative in the question asked.

(*) NB the costs of that NHS payout included defence and claimant costs in a settlement where culpability was legally clear but not legally tested. It was however later declared to be "Compensation" (an illegitimate claim) in a damaging and unresolved PHSO case utilising other unreliable claims by BSMHFT. I must assume the payout was logged as "Damages" later characterized as "Compensation" in NHS phraseology. Your figures here suggest unreliable accounting in this area, as they stand.

Do you wish to comment or clarify please, before I close the request appropriately?

Thank you for your assistance so far.

Yours sincerely,

C Rock

C Rock left an annotation ()

Response to this request is delayed. By law, NHS Resolution should normally have responded promptly and by 29 July 2019 . Delays my end are due to my own disabilities inflicted and antagonised by three titles of PHSO perversion over ten years. Apologies to any.

FOI, NHS Resolution

Dear C Rock,

Further to your e-mail below, please can you clarify the following:

What do you mean by pay-out?

Please refer to the following link for what our terms mean: https://resolution.nhs.uk/wp-content/upl...

This explains what damages mean. The report disclosed to you gives you the total damages paid out in the last 10 years.

We are unable to provide you with details of individual payments for the reasons stated in our response.

This level of breakdown is exempt under Section 40(2) by virtue of section 40(3) (a) (i) of the FOI Act, where disclosure to a member of the public would contravene one or more of the data protection principles. The data protection principles are set out in Article 5 of the General Data Protection Regulation. We take the view that it would not be fair or lawful (given the sensitive and confidential nature of the information held) to disclose such information, and any disclosure would therefore contravene the first data protection principle.

In some instances the low numbers of claims (fewer than 5) in each category, the likelihood exists that individuals who are the subject of this information may be identified either from this information alone, or in combination with other available information. In addition to this, as this information is considered to be sensitive personal data (the data subjects’ medical condition); NHS Resolution believes it has a greater responsibility to protect those individuals identities’, as disclosure could potentially cause damage and/or distress to those involved. Where we are in the territory of such small numbers in the attached, we have used a ‘#’ symbol in the relevant field. You should still be able to see aggregate/total details for higher level fields containing this data.

The # in the report disclosed to you represents fewer than 5 claims settled in the relevant year. For the reasons stated above we are unable to provide you with what # represents or give you an individual breakdown in the relevant year.

In what year did you receive your damages?

Kind Regards

Bunmi Ogunseye (pronounced ‘Boomi’)
Information Access Manager | Corporate Governance Team
020 7811 6266

NHS Resolution
2nd Floor, 151 Buckingham Palace Road, London, SW1W 9SZ

Advise / Resolve / Learn
resolution.nhs.uk

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Dear FOI,

By payout I mean any payment to any claimant for any reason. I asked you to classify the reasons in my request. Your response showed only "Damages" and not any other form of settlement.

My payout was in 2012 and was handled by BSMHFT and (NHS) Solicitors Browne Jacobson. offer dated 1/5/12. It was in respect (as legally claimed) of my son's suffering through negligent care up to his death, plus immediate ensuing costs to me after his death.

There was no admittance of any of the claims and therefore no 'damages' paid - and NO 'compensation' as later claimed by the Trusts' CEO in a protracted and ultimately corrupt 'managed agreement' with the PHSO.

You said: "NHS Resolution records and extracts data relating to claims and serious incidents that might lead to a claim"

It was a serious incident and it did give rise to a Claim. Additionally there would have been legal costs.

I have to leave it you you to decide how NHS records and ultimately reports payouts, nationally. I would not be aware of the distinctions or if all payouts are ultimately designated "Damages", even where damage was never admitted.

Perhaps you are saying that NHS Resolution do not gather all NHS claim costs? If not, can you say who does record this information nationally please?

I thank you for the linked document (pdf link in your communication) but this did not elucidate.
I did not see that redacting totals for certain years would necessarily 'identify' any beneficiaries.
Thank you for your help, and some more clarification please.
Yours sincerely,

C Rock

C Rock left an annotation ()

Perhaps they are saying that NHS Resolution do not gather all NHS claim costs? If not then how does NHS report payouts nationally?

I do not see why i should be left confused. Like I was for 5 years up to my son's death by BSMHFT negligent care, then kept in limbo by PHSO for 10 years more when I saw that BSMHFT workers had lied to me, to Coroner, and still years later to PHSO. The final communication from PHSO was again dismissive and totally offensive in denying 10 years effort against the flow or corrupt mismanagement at that office and the harm caused against a much abused PHSO Service Model Guidance and UK Equality law.

Maybe before deleting my observations the WDTK team will ask if I am feeling OK?

Dear FOI,

Further clarification awaited

Yours sincerely,

C Rock

Dear FOI,
Response delayed and overdue.

I note that your explanation "Understanding NHS Resolution data" failed to explain your term 'Damages' and this is still indistinct.

It states "Damages [is] amount of compensation paid to date. This may not be the full amount of
compensation if further payments are due to be made in the future."

i.e. Damages = Compensation. I am unable to assess responses in the terms you give, and you appear unable to clarify 'Damages' as distinct from payouts do not mention or reflect or compensate for Damage, and do not admit Damage, and do not admit Compensation', which is what I was asking for in Payouts.

I also note that your explanation is termed 'Guidance' and therefore not necessarily NHS Resolution Policy or Practice.

Will there be other recorded information which will clarify terms in terms of Policy and Practice, and with regard to defining 'Compensation' and 'Settlement'?

Responses to-date can be found here:
https://www.whatdotheyknow.com/request/c...

Yours sincerely,

C Rock

Dear FOI,

To help you classify the data I requested please can you confirm in this forum or in private communication whether the 'settlement' I received in 2013 was in your terms "Damages" implying your definition of Damages.

Without clarification your figures will not indicate fully the costs of legal actions on NHS when all 'settlements' are taken into account - or not, as the case may be?

Background: Be aware in my case all charges against Birmingham and Solihull Mental Health Trust were denied. In other words BSMHFT denied any fault for which 'Damages' were payable. It was a 'legal settlement' of only the charges submitted and of course denials were never legally tested as valid in a court of law. It was unfortunate that claims were not comprehensively dealt with at the time, and that the NHS Trust went on to find or manufacture new 'evidence' post 'settlement' when faced with a new PHSO investigation still unresolved for that reason. The new evidence is now at odds with original denials.

Yours sincerely,

C Rock

Dear FOI,

I note you have refused to comment to answer my question and this is also well overdue on last request as per rules.

FOI is now being closed REFUSED to distinguish cases by type - unable to clarify DAMAGES from NOT DAMAGES as requested. I was told that Payout was not Damages since no admission was made in NHS BSMHFT response. I could not receive COMPENSATION for what "never happened", according to NHS.

NHS statements given in response at the time were grossly and harmfully modified years later when responding to PHSO Ombudsman and it was then clear that both NHS defence AND NHS Trust BSMHFT had lied and I am left to assume to protect negligent staff and BSMHFT record of negligence, deaths, and abuse of patients in that Trust and also patients' rights to approved procedures for recovery.

NOV 2019: I am yet to receive Compensation for the old or new damages caused by NHS collaborative actions.

Yours sincerely,

C Rock