CQC Major Inspection of Avon and Wiltshire Mental Health Partnership NHS Trust

Steven King made this Freedom of Information request to NHS Swindon Clinical Commissioning Group

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

Waiting for an internal review by NHS Swindon Clinical Commissioning Group of their handling of this request.

Dear NHS Swindon Clinical Commissioning Group,

I am aware you commission services from the Avon and Wiltshire Mental Health Partnership NHS Trust since your inception in April 2013 I believe ?

I would expect in the fourteen months leading up to the major CQC inspection of AWP by the Care Quality Commission, you will have made yourselves fully aware of the performances and quality of services being provided by AWP , and by way of this FOIA request would ask to see all the documents you hold regarding AWP services .

I am also aware of, and attended your specific mental health consultation on 04 06 14, where I heard a considerable amount of feedback being provided to your CCG, which maybe for 'political' or other reasons is not fairly or adequately refelected in your lengthy report of that huge consultation.
May I please see the documents that contain the actual feedback you were given please ?

I believe as part of the CQC major inspection of the Avon and Wiltshire Mental Health Partnership NHS Trust, you were approached by the CQC for information and feedback about AWP, and I ask you to provide me with copies of all information you fed back to the CQC as part of that inspection process please.

As Legislation requires, will you the Swindon CCG please take the necessary steps to ensure this information is supplied as soon as possible and certainly within 20 working days maximum please, as your agents who you usually pass your requests to rarely comply with my FOIA Rights ?

Yours faithfully,

Steven King

Freedom Of Information (Swindon CCG),

Thank you for contacting Swindon Clinical Commissioning Group.  Please
note that your application will be automatically forwarded to Central
Southern Commissioning Support Unit (CSU), an NHS support organisation
operating under the authority of the NHSCommissioning Board, whose staff
manage requests on behalf of Swindon CCG.  The CSU will acknowledge and
manage your request and will only use your personal information for this
purpose.  All information provided is held within a secure computer system
and managed in line with the requirements of the Data Protection Act
(1998)

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FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

2 Attachments

Dear Mr King,

 

Thank you for your email which we received on 7 July 2014.  We will be
dealing with your request for information in accordance with the Freedom
of Information Act 2000.

 

Under the Act we have 20 days to respond to your request and we expect to
be in a position to reply to you by 4 August 2014.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

 

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From: Steven King [mailto:[FOI #219200 email]]
Sent: 06 July 2014 22:46
To: Freedom Of Information (Swindon CCG)
Subject: FOI 4536 SWI 12D - CQC Major Inspection of AWP - FOI request

 

Dear NHS Swindon Clinical Commissioning Group,

 

I am aware you commission services from the Avon and Wiltshire Mental
Health Partnership NHS Trust since your inception in April 2013 I believe
?

 

I would expect in the fourteen months leading up to the major CQC
inspection of AWP by the Care Quality Commission, you will have made
yourselves fully aware of the performances and quality of services being
provided by AWP , and by way of this FOIA request would ask to see all the
documents you hold regarding AWP services .

 

I am also aware of, and attended your specific mental health consultation
on 04 06 14, where I heard a considerable amount of feedback being
provided to your CCG, which maybe for 'political' or other reasons is not
fairly or adequately refelected in your lengthy report of that huge
consultation.

May I please see the documents that contain the actual feedback you were
given please ?

 

I believe as part of the CQC major inspection of the Avon and Wiltshire
Mental Health Partnership NHS Trust, you were approached by the CQC for
information and feedback about AWP, and I ask you to provide me with
copies of all information you fed back to the CQC as part of that
inspection process please.

 

As Legislation requires, will you the Swindon CCG please take the
necessary steps to ensure this information is supplied as soon as possible
and certainly within 20 working days maximum please, as your agents who
you usually pass your requests to rarely comply with my FOIA Rights ?

 

Yours faithfully,

 

Steven King

 

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D. Speers left an annotation ()

I wish you well Mr King and look forward to reading the CCG response.

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

2 Attachments

Dear Mr King

 

Please accept our apologies for the delay in providing a response to your
FoI request dated 7 July 2014 , and for any inconvenience this may cause. 
Unfortunately, it is taking the organisation longer than required to
gather the information.

 

We are continuing to work on the request and will respond as soon as we
have collated the required information.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

 

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FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

2 Attachments

Dear Mr King

 

Please accept our apologies for the delay in providing a response to your
FoI request dated 7 July 2014 , and for any inconvenience this may cause. 
Unfortunately, it is taking the organisation longer than required to
gather the information.

 

We are continuing to work on the request and will respond as soon as we
have collated the required information.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

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D. Speers left an annotation ()

Has this further delay been agreed with you and how many times are delays to FOIs the default setting?
Have you asked for an Internal Review?

E. Colville left an annotation ()

http://peterhaleserviceuser.blogspot.co....
From Twitter Steve....and I hope all ok with you.
Sorry no email contact have lost email address in system! Plus this site is recognizing me as E.Colville NOT D.Speers.

Steven King left an annotation ()

Thank you Dee Spears for your annotations.
The only contacts I am having are those shown on my requests to the CCG here - so no - nothing offered - no explanations - nothing agreed.
After careful reading of Safeguarding Policies I understand taking away or restricting a patients Rights ( in this case FOIA Rights ) is classed as abuse.
Its sad to see Swindon CCG setting these standards which undoubtedly some of their providers of services will follow.
It appears arrogance, bullying and subjecting patients to abuse is part of the NHS in Wiltshire now - it certainly feels that way ?

Dear NHS Swindon Clinical Commissioning Group,

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

I am writing to request an internal review of NHS Swindon Clinical Commissioning Group's handling of my FOI request 'CQC Major Inspection of Avon and Wiltshire Mental Health Partnership NHS Trust'.

You know I am an elderly disabled man with a serious long term mental health injury ( PTSD ) that remains untreated due to a multitude of neglect and ignorance by mental health providers in Wiltshire.
I ask you to provide an accurate and detailed response to all the matters raised within this review request, and where I do not know ALL of the FOIA Legislation and standards that you should be adhering to - I ask you to identify every area where you have not complied with my Rights in Law, and the requirements of your own Policies and Procedures please.

64 days ago, I submitted a clear and detailed FOI request via the WDTK website.
This was acknowledged on 06 07 14 - the day you received it.
On 11 07 14 ( 62 days ago ) you stated by email " We will be dealing with your request for information in accordance with the Freedom of Information Act 2000." You go on to also state "Under the Act we have 20 days to respond to your request, and we expect to be in a position to reply to you by 4 August 2014 "
I wish to complain as a. you have not dealt with my request in accordance with the FOIA 2000 despite stating you would. b. You do not CLEARLY state you have 20 WORKING days to respond -which the Act clearly describes - I think its been that timescales for 14 years or so now ? Applicants may be confused by your incomplete information - namely ' 20 days '.
You identified a timescale ( 4th August 2014 ) that you expected to respond - but this timescale passed and you did not consult with me or inform me about your delay in responding until AFTER your deadline had gone by.
I am upset the final paragraph of my request - " as Legislation requires ..... " has been ignored by you and ask why this has happened ?
c.On 06 August you emailed me apologising for your delay , but it simply isnt good enough that the CCGs in Wiltshire REPEATEDLY break the Law and take away my Rights in Legislation - it is harmful and upsetting to me and I wish to know why it is repeatedly happening and why you are subjecting me to a substandard service that does not comply with Legislation and why YOU the Health Commissioners are subjecting me to harm and distress and abuse by you ?
d.Do you repeatedly break other Laws and Legislation too - expecting immunity and assisted cover up due to your public sector status ?
AGAIN on 13 August, I received your ' Standard ' email telling me you are still not complying with my Rights in Legislation - my words but the truth ?
e.ANOTHER 4 WEEKS have now gone by without any disclosure or further contact from you - surely you should come with a health warning and a statement within your initial acknowledgement that you will not be complying with applicants Rights under Legislation when dealing with FOIA requests ? f. ( Do you ALWAYS comply with Subject Access Requests timescales of 40 Calendar days ? )
g.I attended your consultation on Mental Health Services earlier this year and was so impressed with your chairman, who I met and spoke with, and staff who painted such a rosy picture about how much you care and set such high standards - I now doubt all I heard and the many reassurances given to me - were they true ? More damage and harm done to me, and even less confidence in those who SHOULD be providing me with a duty of care and an acceptable level of care.
h.Why is it 64 days after my request, your dedicated CSCSU team have not supplied the information I am entitled to receive - the levels of damage and distress you are causing me are intolerable - so much for supporting the weakest in society - abuse them and get away with as much as you can it appears?
i. Why have the CSCSU not kept me updated or explained whats going on or reqested an extension in time - explaining fully WHY you have taken away my Rights ?
Under ALL circumstances you should have responded by now - why are you failing me ?
Since the Chair of Healthwatch Wiltshire wrote to your own CSCSU unit in Swindon on 15 01 2014 stating " Mr King is not a well man. We would appreciate it if you would confirm his concerns are now being addressed . " - I have not heard a word from you regarding the matters I have raised, and despite being put ' ON NOTICE ' regarding my health and situation , all I get is ignored and abuse by you !

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,

Steven King

Freedom Of Information (Swindon CCG),

Thank you for contacting Swindon Clinical Commissioning Group.  Please
note that your application will be automatically forwarded to Central
Southern Commissioning Support Unit (CSU), an NHS support organisation
operating under the authority of the NHSCommissioning Board, whose staff
manage requests on behalf of Swindon CCG.  The CSU will acknowledge and
manage your request and will only use your personal information for this
purpose.  All information provided is held within a secure computer system
and managed in line with the requirements of the Data Protection Act
(1998)

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FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

2 Attachments

Dear Mr King

 

Thank you for your email which we received on 11 September 2014. We will
be dealing with your request for an internal review in accordance with the
Freedom of Information Act 2000. Under the Act we have 20 working days to
respond to your request and we expect to be in a position to reply to you
by 9 October 2014.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

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E. Colville left an annotation ()

D. Speers here! This treatment is appalling Steven, the CCG is the Clinical Commissioning group (are they happy to continue to commission this "service" ) I hope they & Healthwatch would robustly work for you. Do you have an advocate? Maybe ICAS can help too! http://www.wellaware.org.uk/organisation...

Steven King left an annotation ()

Hi Dee Speers, thank you for your annotation.
I feel I am being subjected to extremely harsh and inappropriate 'treatment' by Wiltshires CCGs . I am certain if I was of a higher social status, rather than a mentally injured social housing tenant I would be treated far better if I too had been born with a silver spoon in my mouth like so many of those who are abusing me in various ways. No Justice for the POOR ?
Ive found advocacy in Wiltshire to be biased and ineffective. You mention SEAP ICAS who were in Trowbridge, I did approach them for assistance and provided them with hundreds of supporting relevant documents - but they delayed and delayed and despite my chasing them up and complaining to them - the timescales for complaint went by. The advocate I was dealing with then moved to SWAN ( avoid at all cost is my experience ) who then some 30 months later prepared an extremely watered down and spun complaint that was time barred anyhow !! Maybe that is why the Wilthire Council and te local NH fund the advocacy services - maybe it enables them to influence or control difficult matters ?
Ive been to see my MP for help - but the matters I am raising are so serious even he will not properly or accurately record what is happening to me and all the abuse and neglect I am being subjected to. I suppose the election comes first - not the vulnerable adult who is being repeatedly abused.
Thank you for your kind words and concerns - you are alone in showing kindness where the majority of those I am dealing with are in a harsh cover up mode - protect their own jobs and futures at all cost - ignore the mentally ill and those being abused it appears ?

Dear FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT),
Dear ' anonymous ' CSCSU Administrator, ( Very impersonal ),
Thank you for your acknowledgement t my FOIA review request.
Will you please be kind enough to confirm that by making the review request ( which you state may take up to 20 WORKING days,) the review process will not further delay the CCG supplying me with the information I requested an number of months ago ?
Maybe where it appears the CSCSU often goes over the Legislatory timescales for supplying information under FOIA, it would be seen as good practice for review requests to confirm the original request will continue to be dealt with as soon as possible at the time of acknowledgement, rather than leaving the applicant unaware of your intentions ? I ask you to consider doing this in future as part of normal business ?
I trust you welcome my advice and feedback, as it appears guidance on how to act fairly and reasonably and in the Spirit of the FOIA needs to be introduced into your operating systems ?

Yours sincerely,

Steven King

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

2 Attachments

Dear Mr King,

I can confirm that the CCG will continue to process your original request.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

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Jt Oakley left an annotation ()

Section 16 : Help and Assistance may be of help

http://ico.org.uk/~/media/documents/libr...

E. Colville left an annotation ()

D.Speers here!
I have found advice of Jt Oakley to be very good .
I am so sorry you are having thisd battle Steven, it seems it really is a case of "he who pays the piper calls the tune!"
Believe CQC guy in charge of MH Inspections is a Dr Paul Lelliot (Deputy to Chief Inspector of Hospitals, Prof Sir Mike Richards) Prof Richards is also is a CQC Board Member......so it may be useful to contact him!

Steven King left an annotation ()

Dear Jt Oakley & D.Speers,
Thank you both for your annotations, it is kind of you to try to help me even though I do not know either of you and you live in different parts of the country.
I have looked at and now have a copy of Section 16 thank you,
but of course where ' Wiltshire s Authorities, NHS etc etc ' appear to regularly ignore my own and maybe other peoples Rights as a matter of course including the FOIA Rights, and those responsible for regulating these bodies normally fail to do so, it would appear they simply dont " CARE " either about the damage they are causing me or the fact they are failing to comply with Legislation !
They dont appear to get any penalty or fined or anything, the press and media seem to be well under control by them, and even if they did get fined it comes out of our taxes !
Dee - do you have total confidence in the CQC to act as they should ?????
My experiences with CQC have been VERY BAD so far, and I have formed the opinion they are in cover up mode too - like so many other public figures and authorities I am needing to deal with !
Thank you both,

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

3 Attachments

Dear Mr King,

 

Firstly I would like to apologise for the delay in outlining the review
process following your request for an internal review.

Having contacted the Information Commissioners office (ICO) they state
that an internal review is not possible until such time as the initial
request has been answered. Whilst I appreciate that we have taken in
excess of the 20 working days we are anticipating you should have a
response to this request by 24 September.

After you receive this response could you please let us know if you will
still require an internal review.

I have provided you with contact details of the ICO should you wish to
contact them.

 

Head Office

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number

Fax: 01625 524 510

 

Alternatively email: [1][email address]

 

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[2]NHS_SCGsticker med res

 

 

 

 

 

From: FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT)
Sent: 11 September 2014 09:51
To: [FOI #219200 email]
Subject: FW: Internal review of Freedom of Information request - CQC Major
Inspection of Avon and Wiltshire Mental Health Partnership NHS Trust - SWI
5076

 

Dear Mr King

 

Thank you for your email which we received on 11 September 2014. We will
be dealing with your request for an internal review in accordance with the
Freedom of Information Act 2000. Under the Act we have 20 working days to
respond to your request and we expect to be in a position to reply to you
by 9 October 2014.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[3]NHS_SCGsticker med res

 

 

 

 

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Dear ' ANON ' , FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT),

Thank you for your email of todays date, I wish to respond as follows :
When responding I trust you will be providing me with a truthful and complete explanation for the multiple delays ive experienced from you whilst awaiting a response to the matters ive needed to ask about.
Would you please confirm how many working days it has taken you to provide a response to my FOIA request and the full truthful reason for your delay in providing the response.
Thank you for the info about the ICO contact details , but regretably I find it necessary to maintain regular contact with their office regarding difficulties I regularly encounter with a number of mostly health related agencies in Wiltshire who often repeatedly fail to comply with my Rights in Law - which is of course a form of abuse.
Although not strictly a part of my request, I would be very interested to establish how the NHS Swindon CCG risk assess their actions when failing to comply with Legislation and patients Rights especially when dealing with someone they know to have a serious long term mental health injury who is also disabled and elderly and is suffering harm and distress knowing at his time of weakness he is being subjected to harsh treatment - I never expected that from the NHS .
Whilst responding to you here, I would like to thank the members of the public who are concerned about my health and wellbeing whilst being subjected to such treatment by NHS professionals who should be demonstrating best practice and supporting me at all times, they keep in touch to support me, knowing I am on my own and no one cares for me , and are very concerned at the CCGs handling of my other necessary requests - have those matters been risk assessed ?
Yours sincerely,

Steven King

D. Speers left an annotation ()

https://www.whatdotheyknow.com/request/c...
Re the above request of 6th JULY 2014(well over 20 days I believe!!)

I am very concerned to note.
Wiltshire CCG, who commission services from AWP, seem completely unaware of the FOIA requirements and the internal review process. I would hope as a commissioning CCG, Wiltshire are asking questions of AWP on how their services will be improved, in the light of the failures identified by the CQC Inspection. Your concerns should be fully taken on board Steven!!

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

7 Attachments

Dear Mr King

 

Please find attached the response to your Freedom of Information request.

Once you have had time to read through this response could you please let
us know if you still wish to request an internal review.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

 

 

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D. Speers left an annotation ()

Does an Internal review need to look at why the answers provided too more than 20 days to access? I believe you first requested this information in July 2014

Steven King left an annotation ()

Hi Dee,
Thank you for your annotation.
When dealing with the public sector - and third sector , I have found it advisable to clearly specify each matter you wish them to review, in the hope rather than having the expectation they will respond adequately to the matters ive asked about within the review request.
I feel the day has long gone that you expect any public body to be totally open and transparent if you offer them a ' blank cheque ' to identify any / all failures themselves when responding to an FOIA request, so I find it best to identify all areas that I would like to be properly reviewed.
Maybe one day when asking for a review, I will be wholly satisfied with the honesty and completeness of their response!

Dear Jan Stubbings, Interim Accountable Officer , NHS Swindon Clinical Commissioning Group,

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

I am writing to request an internal review of NHS Swindon Clinical Commissioning Group's handling of my FOI request 'CQC Major Inspection of Avon and Wiltshire Mental Health Partnership NHS Trust'.

Thank you for your response to this request , finally sent on 25 September 2014.
I feel every complaint or review process should be used as a learning tool for the organisation involved so as to be a driver for improvement and to identify the failings and weak links in the system.
Although you are a relatively new organisation, you are all very seasoned and well trained and experienced professionals with a wealth of professional advisors and organisations you are able to consult if in any doubt when carrying out one of the most important functions within the NHS.
If you fail to set the standards at a level that is always fully compliant with patients Rights, and ALL current Legislation, it is a certainty that patients will suffer as a result, and some services you commission may follow your lead by providing sub standard services that they have maybe always got away with in the past, maybe relying on mass cover up of the true facts relating to the suffering and deaths of patients due to failures within a commissioned service by many of the parties involved ?
This can become part of ' normal practice ' within a number of organisations if allowed to continue or get worse, and everyone seems to ' go with the flow ' , rather than whistleblow or raise safeguarding alerts when they should - in some organisations the powerful people at the top are allowed to think they are ' teflon coated ' and have the power to get away with anything so long as the organisation looks good on the outside , whilst others at the middle or bottom of the ladder are in fear of telling the truth and reporting what they see.
This combination leads to patients and many of their families suffering, and an increasing number in your area dying .

I invite you to read my email correspondence with Sheila Baxter .

Hence, whether or not you seize the opportunity to make some significant improvements when completing this review process is of course up to you - and your conscience .

On 06 July 2014 , I made a very clear FOI request to your trust following my attendance and involvement in the mental health consultation you held earlier this year, my meeting and emails with Sheila Baxter and the major inspection of AWP carried out by 70 inspectors in June this year.

Although the CQC reports are damning - they are also somewhat ' whitewashed ' as the many service failings are not clearly identified, and indeed the AWP will not be able to make any proper efforts to improve in the many areas that are just a generalisation of their many failings - I am certainly aware the seriousness of the true situation is not clearly reported upon.

I feel a similar situation exists with your own reporting of the huge mental health conference I mentioned earlier.

From the patients and publics perception, much more remains covered up than is properly and accurately reported - hence in reality, little improvement is likely to be made - as some know to be the case for very many years now.

I have made several FOI requests locally - and some by letter to NHS bodies elsewhere in the country to see how organisations ive not had any previous dealings with handle their responses where CQC inspections and problem Mental health trusts operate. Most are far better than the local organisations, some supplying up to 130 documents,reports, hand written notes, emails, letters, patients letters to CCGs ( anonomised ) etc etc,relating to the same matters I have raised with yourselves - and you supplied FIVE DOCUMENTS TOTALLING NINE PAGES. ! .
They have demonstrated their commitment to openness and transparency and have totally accepted the principles of the FOIA and the Spirit and intentions of the act as fully as they can, and of course complied with our Governments statements , expectations & commitments to openness and transparency in the NHS .
In reality, your own response tells its own story doesn't it !

That raises issues regarding the completeness of your response to me - and I would like to receive ALL of the information I asked for within my original request please - PLEASE READ MY ACTUAL REQUEST CAREFULLY SHOWING DUE DILIGENCE - and for you to confirm that you have then supplied ALL the information you hold that I am entitled to receive please.
If in doubt PLEASE send as much as you can .
Your response will demonstrate to the public how open and transparent your group really is.
My request was sent by email via the whatdotheyknow website on 06 07 2014 - and acknowledged by your CCG on the same day. You then passed it to the CSCSU , whose website outlines a dedicated professional service, where staff even come in at 6pm on a Friday eveing so as to ensure the Legislatory timescales are met.
On 11 07 2014, the CSCSU themselves acknowledged my FOIA request that you had forwarded to them, and confirmed " we will be dealing with your request for information in accordance with the Freedom of Information Act 2000 " - but regretably my request was NOT dealt with in accordance with the FOIA - and I ask you to identify why it wasnt please.
They also stated " Under the Act we have 20 days to respond " ( which should read 20 working days ) - although in reality it took FIFTY SIX days to supply this very small amount of information. I ask you to identify, explain and on each occasion to apologise for all the failings in your FOIA duties and responsibilities to me so as to help you understand the issues your group has.
I ask you to identify and explain the reasons why, in your email of 06 08 2014, following the apology from an administrator, I am told " We are continuing to work on the request and will respond as soon as we have collated the required information" . Please explain why it took your group FIFTY SIX WORKING DAYS to collate NINE PAGES OF PAPER ?
On 13 08 2014 I was emailed again with another apology, and was told " Unfortunately, it is taking the organisation longer than required to gather the information " - - ALL NINE PAGES OF IT ?, and they indicated " .. will respond as soon as we have collated the required information ". How long does it take to collate NINE PAGES OF INFORMATION at Swindon CCG ? ( Ok - 56 days ! ).
After 47 working days had elapsed ( more than TWO calendar months ! ) on 11 September 2014, I emailed your CCG requesting a review as I was becoming upset and stressed, suffering harm and distress,
as you were not complying with my Rights and Legislation - is that recognised as a form of abuse ?
I ask you to include my first review request of 11 09 2014 with this review request please, so I do not have to repeat myself.
I also wish to know how your CCG ' risk assesses ' the possible damage and distress you cause a mental health patient who is also elderly and disabled, when you fail to comply with all his Rights in Law, and then fail to disclose ALL the information he has requested , and fails to fully and properly apologise at the time the response is finally sent .
I was told by email on 11 09 2014, you had received my review request earlier that day , would be dealing with my review request, that you had 20 working ( well done ) days to respond, and that was expected to be by 09 October 2014.
I then emailed CSCSU on 11 09 2014, and an immediate partial acknowledgement was given.
On the FIFTY FIFTH working day following my original FOIA request for information, I then received an apology for the delay in outlining the review process following my request for an internal review - even though I had not asked you to outline the process to me ?
That information only took a week 22 09 2014 for four short paragraphs, but I was told ... " an internal review is not possible until such time as the initial request has been answered ". But as part of YOUR OWN review process, do you wish to know as soon as possible when Legislation has not been complied with by your staff or agents - or do you wish the applicants to suffer due to failures of compliance with Legislation for months on end - do you have adequate policies in place that cover this situation - may I please see them here as part of your response, and how have you / do you risk assess the impact on a mentally ill disabled applicant who is having his Rights denied and restricted - thereby suffering harm to his health and wellbeing due to the Swindon CCG not fulfilling its duties and responsibilities to him as the applicant ? How do you risk assess the detrimental impact on a mentally and physically disabled and ill patient when witholding significant and relevent information from the disclosure you give ?
May I also see how you risk assess such situations please ?
I was also told " ..we are anticipating you should have a response to this request by 24 September. "
As part of your review process, I ask you to also answer to all the points raised in my subsequent email dated 22 09 2014 - attached to my FOI request that was not responded to.
The information you supplied was sent on 25 09 2014 - late again and without explanation or apology !
Hence, I still wish to request an internal review, and expect to receive MANY MANY more documents from you when you respond.
[exteranous and potentially defamatory information removed]
I trust you are not another Rotherham ?
Will this result in yet another cover up in Wiltshire, the true levels of NHS CARE Swindon CCG provides,
and the setting of far higher standards for NHS users ?
No doubt your response will attract a lot of public interest.

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,

Steven King

Ganesh Sittampalam left an annotation ()

We have redacted a small amount of the internal review request following a complaint that it may be defamatory of an individual.

In making such redactions we are not taking any position on the truth or otherwise of the material.

Ganesh - WhatDoTheyKnow volunteer

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

2 Attachments

Dear Mr King,

 

Thank you for your email dated 15 October 2014, in which you were unhappy
with the decision made in relation to your FOI request and made the
request for an internal review.

Please note: A Senior Officer who was not party to the original decision
on whether to release the information will conduct the internal review.
The internal reviewer will review the manner in which the application was
dealt with and is empowered to either uphold or overturn the original
decision.
This request was received on 16 October 2014, and I will be dealing with
it under the terms of the Freedom of Information Act 2000.
The CCG is required to notify you as to the final decision made regarding
your internal review.  The CCG aims to deal with internal reviews within 4
weeks of receiving the request. You will receive a response on or before
the 13 November 2014.

 

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

--------------------------------------------------------------------------

From: Steven King [mailto:[FOI #219200 email]]
Sent: 15 October 2014 23:39
To: Freedom Of Information (Swindon CCG)
Subject: FOI 5076 SWI 12D - Internal Review of FOI 4536 SWI 12D

 

Dear Jan Stubbings,  Interim Accountable Officer , NHS Swindon Clinical
Commissioning Group,

 

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

 

I am writing to request an internal review of NHS Swindon Clinical
Commissioning Group's handling of my FOI request 'CQC Major Inspection of
Avon and Wiltshire Mental Health Partnership NHS Trust'.

 

Thank you for your response to this request , finally sent on 25 September
2014.

I feel every complaint or review process should be used as a learning tool
for the organisation involved so as to be a driver for improvement and to
identify the failings and weak links in the system.

Although you are a relatively new organisation, you are all very seasoned
and well trained and experienced professionals with a wealth of
professional advisors and organisations you are able to consult if in any
doubt when carrying out one of the most important functions within the
NHS.

If you fail to set the standards at a level that is always fully compliant
with patients Rights, and ALL current Legislation, it is a certainty that
patients will suffer as a result, and some services you commission may
follow your lead by providing sub standard services that they have maybe
always got away with in the past, maybe relying on mass cover up of the
true facts relating to the suffering and deaths of patients due to
failures within a commissioned  service by many of the parties involved ?

This can become part of ' normal practice ' within a number of
organisations if allowed to continue or get worse, and everyone seems to '
go with the flow ' , rather than whistleblow or raise safeguarding alerts
when they should - in some organisations the powerful people at the top
are allowed to think they are ' teflon coated ' and have the power to get
away with anything so long as the organisation looks good on the outside ,
whilst others at the middle or bottom of the ladder are in fear of telling
the truth and reporting what they see.

This combination leads to patients and many of their families suffering,
and an increasing number in your area dying .

 

I invite you to read my email correspondence with Sheila Baxter .

 

Hence, whether or not you seize the opportunity to make some significant
improvements when completing this review process is of course up to you 
-  and your conscience .

 

On 06 July 2014 , I made a very clear FOI request to your trust following
my attendance and involvement in the mental health consultation you held
earlier this year, my meeting and emails with Sheila Baxter  and the major
inspection of AWP carried out by 70 inspectors in June this year.

 

Although the CQC reports are damning - they are also somewhat '
whitewashed ' as the many service failings are not clearly identified, and
indeed the AWP will not be able to make any proper efforts to improve in
the many areas that are just a generalisation of their many failings  -  I
am certainly aware the seriousness of the true situation is not clearly
reported upon.

 

I feel a similar situation exists with your own reporting of the huge
mental health conference I mentioned earlier.

 

From the patients and publics perception, much more remains covered up
than is properly and accurately reported - hence in reality, little
improvement is likely to be made - as some know to be the case for very
many years now.

 

I have made several FOI requests locally - and some by letter to NHS
bodies elsewhere in the country to see how organisations ive not had any
previous dealings with handle their responses where CQC inspections and
problem Mental health trusts operate.  Most are far better than the local
organisations, some supplying up to 130 documents,reports, hand written
notes, emails, letters, patients letters to CCGs ( anonomised ) etc
etc,relating to the same matters I have raised with yourselves - and you
supplied FIVE  DOCUMENTS TOTALLING NINE PAGES.  !  .

They have demonstrated their commitment to openness and transparency and
have totally accepted the principles of the FOIA and the Spirit and
intentions of the act as fully as they can, and of course complied with
our Governments statements , expectations & commitments to openness and
transparency in the NHS .

In reality, your own  response tells its own story doesn't it !

 

That raises issues regarding the completeness of your response to me - and
I would like to receive ALL of the information I asked for within my
original request please - PLEASE READ MY ACTUAL REQUEST CAREFULLY SHOWING
DUE DILIGENCE - and for you to confirm that you have then supplied ALL the
information you hold that I am entitled to receive please.

If in doubt PLEASE send as much as you can .

  Your response will demonstrate to the public how open and transparent
your group really is.

My request was sent by email via the whatdotheyknow website on 06 07 2014 
-  and acknowledged by your CCG on the same day.  You then passed it to
the  CSCSU , whose website outlines a dedicated professional service,
where staff even come in at 6pm on a Friday eveing so as to ensure  the
Legislatory timescales are met.

On 11 07 2014, the CSCSU themselves acknowledged my FOIA request that you
had forwarded to them, and confirmed " we will be dealing with your
request for information in accordance with the Freedom of Information Act
2000 " - but regretably my request was NOT dealt with in accordance with
the FOIA - and I ask you to identify why it wasnt please.

They also stated  " Under the Act we have 20 days to respond "  ( which
should read 20 working days ) - although in reality it took  FIFTY SIX
days to supply this very small amount of information. I ask you to
identify, explain and on each occasion to apologise for all  the failings
in your FOIA duties and responsibilities to me so as to help you
understand the issues your group has.

I ask you to identify and explain the reasons why, in your email of 06 08
2014, following the apology from an administrator, I am told " We are
continuing to work on the request and will respond as soon as we have
collated the required information" .   Please explain why it took your
group  FIFTY SIX  WORKING DAYS  to collate   NINE PAGES OF PAPER  ?

On 13 08 2014 I was emailed again with another apology, and was told  "
Unfortunately, it is taking the organisation longer than required to
gather the information "  - -  ALL NINE PAGES OF IT  ?, and they indicated
" .. will respond as soon as we have collated the required information ". 
How long does it take to collate NINE PAGES OF INFORMATION at Swindon CCG
?   (   Ok  -  56 days  !  ).

After  47 working days had elapsed   ( more than TWO calendar months ! )
on 11 September 2014,  I emailed your CCG requesting a review as I was
becoming upset and stressed, suffering harm and distress,

as you were not complying with my Rights and Legislation - is that
recognised as a form of abuse ?

I ask you to include my  first review request of 11 09 2014 with this
review request please, so I do not have to repeat myself.

I also wish to know how your CCG  ' risk assesses ' the possible damage
and distress you cause a mental health patient who is also elderly and
disabled, when you fail to comply with all his Rights in Law, and then
fail to disclose ALL the information he has requested , and fails to fully
and properly apologise at the time the response is finally sent .

I was told by email on 11 09 2014, you had received my review request
earlier that day , would be dealing with my review request, that you had
20 working ( well done ) days to respond, and that was expected to be by
09 October 2014.

I then emailed CSCSU on 11 09 2014, and an immediate partial
acknowledgement  was given.

On the FIFTY FIFTH working day following my original FOIA request for
information, I then received an apology for the delay in outlining the
review process following my request for an internal review - even though I
had not asked you to outline the process to me ?

That information only took a week 22 09 2014  for four short paragraphs,
but I was told ... " an internal review is not possible until such time as
the initial request has been answered  ". But as part of YOUR OWN review
process, do you wish to know as soon as possible when Legislation has not
been complied with by your staff or agents  -  or do you wish the
applicants to suffer due to failures of compliance with Legislation for
months on end - do you have adequate policies in place that cover this
situation - may I please see them here as part of your response, and how
have you / do you risk assess the impact on a mentally ill disabled
applicant who is having his Rights denied and restricted - thereby
suffering harm to his health and wellbeing due to the Swindon CCG not
fulfilling its duties and responsibilities to him as the applicant ? How
do you risk assess the detrimental impact on  a mentally and physically
disabled and ill  patient when witholding significant and relevent
information  from the disclosure you give ?

May I also see how you risk assess such situations please ?

I was also told " ..we are anticipating you should have a response to this
request by 24 September. "

As part of your review process, I ask you to also answer to all the points
raised in my subsequent email dated 22 09 2014 - attached to my FOI
request that was not responded to.

The information you supplied was sent on 25 09 2014 - late again and
without explanation or apology !

Hence, I still wish to request an internal review, and expect to receive
MANY MANY more documents from you when you respond.

[exteranous and potentially defamatory information removed]

I trust you are not another Rotherham  ?

Will this result in yet another cover up in Wiltshire, the true levels of
NHS CARE Swindon CCG provides, and the setting of far higher standards for
NHS users ?

No doubt your response will attract a lot of public interest.

 

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

 

Yours faithfully,

 

Steven King

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[3][FOI #219200 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]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 Jan Stubbings, Interim Accountable Officer, NHS Swindon Clinical Commissioning Group,

Thank you for the acknowledgement sent this morning in respect of my FOIA review request that I SUBMITTED IN TWO PARTS -
the first part on 11 09 2014 , the second part on 15 10 2014.
As your current acknowledgement is incomplete and does not list all that ive asked you to review will you,
please provide an acknowledgement that clearly shows BOTH of the review requests identified, and also the clarifications Ive asked for assistance with in this email.
I ask you to please ensure the ACTUAL requests for review that I submitted to you are responded to fully here please , as I understand NHS Swindon CCG acted very quickly in making a complaint to the whatdotheyknow website, and parts of my review request have now been removed from public view - although clearly the review requests I submitted to you by email are those I wish to receive full responses to please? Whatdotheyknow did not have sight of the numerous emails I mentioned or their content and in light of that fact acted appropriately, based on the information you apparently supplied them with?
As part of the review process I ask you to within your response here to publish the contact records and documents YOU had with the whatdotheyknow website ( not their responses ) requesting removal of certain parts of my FOIA review along with the reasons you gave as this forms a part of the FOIA request and review process you are handling.
Whilst writing, may I ask for clarification of a couple more points when you respond to the review please.
I am aware that a very senior figure now working with NHS Swindon CCG who may be involved in some way in providing information or being involved in the review process was previously working in a very senior role with the Avon and Wiltshire Mental Health Partnership NHS Trust up to the early part of this year ? Will you please tell me if K D has been or will be involved in these matters in any way ?
Secondly I ask you to provide me with assistance by way of clarification of the information you have given me so far - I shall give you just one example but ask you to clarify all of the information supplied so far. The example is regarding the Commissioner Scorecard - and I have carefully read the ' Definitions ' page - but wish to establish if the percentages or numbers shown on the scorecard - and in other information - are based upon percentages and numbers of actual total compliance with Legislatory requirements, regulatory requirements etc , or merely TARGETS say aiming for 75% compliance with say RECORDS MANAGEMENT where the trust maybe has a current target of 75% compliance with Legislation - and is maybe in fact recording 86.6% compliance of the 75% target ? It really is unclear to me, If that is the case in these and other figures, I ask why this is not clearly explained on the definitions page or elsewhere within your response and ask you to do so now please as it may be seen as misleading or at least confusing ?

Will you please be kind enough to provide me with a proper full and complete acknowledgement here on the whatdotheyknow website of BOTH of my review requests listed above and include the additional detail ive asked about within this email also , and will you also confirm that the sections you have asked the whatdotheyknow website to delete, or have been deleted by them , will also be responded to in full please in the manner I submitted them to you and that you received them , as part of the review response you are about to provide ?
Thank you for you assistance with these matters,
Yours faithfully,

Steven King

D. Speers left an annotation ()

Initial request made 6th July 2014........why so long to resolve?

D. Speers left an annotation ()

http://paper.li/nursefriendly/1355368836
Worth a read. Esp comments under "Business"

D. Speers left an annotation ()

Its on Twitter too:
Social Work Cynic favorited your Tweet
13h:
https://www.whatdotheyknow.com/request/c... … CQC Major Inspection of Avon and Wiltshire Mental Health Partnership NHS Trust Why is this taking so long?

Steven King left an annotation ()

Dee Speers -
Thank you for your annotations on this request to the NHS Swindon CCG, and I am very pleased it has made its way to twitter as well, if only I understood this technology !!
You may find my other FOIA requests to Bristol Council, NHS Swindon CCG , CQC , and the NHS Wiltshire CCG !!!!! to be of interest also - all on the whatdotheyknow website .
Steve

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

6 Attachments

 

Dear Mr King

 

Please find attached the response to your request for an internal review

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

 

show quoted sections

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

6 Attachments

Dear Mr King

 

Please find attached the final response to your request for an internal
review.

Due to the large number of documents I am having to send you several
emails.

 

1^st email.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

 

show quoted sections

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

7 Attachments

Dear Mr King

 

Please find attached the final response to your request for an internal
review.

Due to the large number of documents I am having to send you several
emails.

 

2nd email.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

 

show quoted sections

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

5 Attachments

Dear Mr King

 

Please find attached the final response to your request for an internal
review.

Due to the large number of documents I am having to send you several
emails.

 

3rd email.

 

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

 

show quoted sections

FOI (NHS CENTRAL SOUTHERN COMMISSIONING SUPPORT UNIT), NHS Swindon Clinical Commissioning Group

5 Attachments

Dear Mr King

 

Please find attached the final response to your request for an internal
review.

Due to the large number of documents I am having to send you several
emails.

 

4th and final email.

 

Kind Regards,

CSCSU FoI Administrator

 

Sent on behalf of Swindon CCG

 

[1]NHS_SCGsticker med res

 

 

 

 

 

show quoted sections

D. Speers left an annotation ()

"4th and final email" ?????
If the responses are correct I assume?

Brenda Prentice left an annotation ()

IF you have personal community care problems, please see sccm.org.uk
Have you got your own assessment care plan, if there is one?
SCCM do take some cases out of area.

I did have the same experience of ICAS....I did get an apology from their Chair but that didn't help when they messed up my case. Years later I am still trying to get PHSO to reopen my case.

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