Deaths of persons having had contact with the Trust

C Rock made this Freedom of Information request to Birmingham and Solihull Mental Health NHS Foundation Trust

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 partially successful.

Dear Birmingham and Solihull Mental Health NHS Foundation Trust,

Please can you tell me if this information is recorded and can be supplied here:

(1) The number of deaths in last 10 years of persons previously having had contact with the Trust either as "service users" or being at the time "discharged" i.e. known to the Trust -- broken down by Trust Centre

(2) The number of times Disciplinary action has been taken in cases of death where negligence/malpractice/maladministration was identified -- by Centre

(3) The number times Disciplinary action has been taken for any other SUI (serious untoward incident) -- by Centre.

Yours faithfully,

C Rock

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear C Rock

Thank you for your request for information regarding deaths of service uses and disciplinary actions. Your request was received on 22/09/2017 and I am dealing with it under the terms of the Freedom of Information Act 2000.

You will receive the information requested within 20 working days unless the Trust does not hold the information or there is a reason for it to be withheld. I will write to you in any event.

Accessibility requirements: If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print, verbal explanation and so on, then please let me know.

If you have any queries or concerns then please do not hesitate to contact me. Please remember to quote the reference number above in any future communications.

Further information about your rights is also available from the Information Commissioner at: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or www.ico.gov.uk

Yours sincerely,

Trust FOI Officer
Birmingham & Solihull Mental Health Foundation Trust
50 Summer Hill Road
Birmingham
B1 3RB
Tel: 0121 301 1291
e-mail: [email address]
website: www.bsmhft.nhs.uk

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear C Rock

In regards to your request I would like to notify you in advance that we do not hold the data in the format that you require. I have received a response from our Information Team that although they would be able to provide the number of deaths of service users within the Trust we do not hold the breakdown of information by centres. This is because patients are seen at various centres by various team or staff and much of the teams have changed over the last 10 years. We will continue to process your request and will explain any information that we are not able to provide with the reasons why.

Kind Regards

Freedom of Information Officer
Birmingham and Solihull Mental Health NHS Foundation Trust
Unit 1, B1, 50 Summer Hill Road, Birmingham B1 3RB
Direct Dial: 0121 301 1291
Email: [email address]

Dear FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

Thank you for your interim reply. I would appreciate seeing the information you have, broken down as close as you have available in line with the request, where held.

Yours sincerely,

C Rock

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear C Rock

Thank you for your email. I will pass your comments onto the Trusts Department Leads who are compiling the information.

Kind Regards

Freedom of Information Officer
Birmingham and Solihull Mental Health NHS Foundation Trust
Unit 1, B1, 50 Summer Hill Road, Birmingham B1 3RB
Direct Dial: 0121 301 1291
Email: [email address]

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

1 Attachment

 

Dear C Rock

 

Thank you for your request for information received on the : 22/09/2017

 

We have considered your request and can provide the following information
in the document attached.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, you should write to
the Freedom of Information Officer, BSMHFT, 50 Summer Hill Road,
Birmingham, B1 3RB, or e-mail [1][email address]

 

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by our trust. The Information Commissioner can be
contacted at:

 

Information Commissioner's Office Wycliffe House Water Lane Wilmslow
Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or
[2]www.ico.gov.uk  

 

We are always interested in improving our services.  To give us feedback
regarding your experience with the Freedom of information office, please
visit:
[3]http://www.bsmhft.nhs.uk/about-us/inform...

 

Yours sincerely

 

Trust FOI Officer

e-mail: [4][email address]

 

 

 

Dear FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

Your responses:

(1) -Number of deaths: Nil response due to “...subject to an exemption under Section 22 – Information Intended for Future Publication”

(2) -times disciplinary action taken in cases of death: “none recorded as far as our records for casework go back”

(3) -times disciplinary action has been taken for any other SUI: “The Trust… does not record whether case is SIU [unless it went to a Hearing]" and your opinion on not providing data due to "excessive cost of retrieving data" due to [inflexible Trust case analysis and archive system].

Thank you for your response. An interesting response, revealing in other ways; I did not see indications of concerns, where another party’s interest might be expected to be somewhat extreme. Re data:

 If few deaths, is there no root cause analysis readily available?
 If many deaths, should there be some ready record and breakdown re potential corrective actions including disciplinary action?
Do you have this data in a format other than that requested but easily supplied?

In (1) please can you supply data in the format you have, to save waiting for the manipulated version of this data which you propose to reveal at some un-stated time? Otherwise please diary sending me a copy at the time (and within 60 days) to see if it contains the data you withheld, in a clear form.

In (2) No disciplinary action noted. I am concerned you have no record since I am aware of relevant serious occurrences some attracting outside attention. Please explain what the Trust means by ‘a Hearing’ and how such an event might be brought about if not by every death or SUI (Serious Untoward Incident).

In (3) again, is not this key data available on Trust performance? I wonder if this may be due to a weakness in record systems, and analysis prior to archiving? I may need to approach you again in a reasonable time, to see if anything has changed in systems or historical data retention.

Do you have any further response with information please?

Yours sincerely,

C Rock

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear C Rock

Thank you for your request for information regarding. Your request was received on 23/10/2017 and I am dealing with it under the terms of the Freedom of Information Act 2000.

You will receive the information requested within 20 working days unless the Trust does not hold the information or there is a reason for it to be withheld. I will write to you in any event.

Accessibility requirements: If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print, verbal explanation and so on, then please let me know.

If you have any queries or concerns then please do not hesitate to contact me. Please remember to quote the reference number above in any future communications.

Further information about your rights is also available from the Information Commissioner at: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or www.ico.gov.uk

Yours sincerely,

Trust FOI Officer
Birmingham & Solihull Mental Health Foundation Trust
50 Summer Hill Road
Birmingham
B1 3RB
Tel: 0121 301 1291
e-mail: [email address]
website: www.bsmhft.nhs.uk

Dear Birmingham and Solihull Mental Health NHS Foundation Trust,

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

I am writing to request an internal review of Birmingham and Solihull Mental Health NHS Foundation Trust's handling of my FOI request 'Deaths of persons having had contact with the Trust'.

The information should have been provided by 20 October and I have not had a proper explanation why it has taken 176 working hours to tell me you could not supply key base data i.e. in another form.

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

Yours faithfully,

C Rock

C Rock left an annotation ()

I declare strong interest in this theme since I am trying to establish if disciplinary action is EVER taken in Trust culpable deaths of patients. The Trust has so far refused to cooperate hence resort to whatdotheyknow, as I have to with PHSO in other enquiry.

Negligence was partly admitted (to-date) in the death of my son under this Trust in 2008 but due to deceit and obfuscation the case is still ongoing without resolution.

This is mainly due to the actively supported failings in NHS complaints process including the inability of PHSO (Ombudsman) to appreciate harm done and yet add greater harm with every involvement. Complaining should not be this difficult; it's soul-destroying, but is actually a 'welcomed' right under the NHS Constitution for patients - or their survivors.

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

1 Attachment

Dear C Rock

Thank you for your request for us to review our attached response received 24/10/2017. I am dealing with this request under the terms of the Freedom of Information Act 2000.

We aim to notify you of the outcome of the review within 20 working days. At this point we will again highlight your rights if you are not content with the outcome or are unhappy with the service you have received.

Further information about your rights is also available from the Information Commissioner at: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 08456 30 60 60 or 01625 54 57 45 or www.ico.org.uk

Yours sincerely,

Trust FOI Officer
Birmingham & Solihull Mental Health Foundation Trust
50 Summer Hill Road
Birmingham
B1 3RB
Tel: 0121 301 1370
e-mail: [email address]
website: www.bsmhft.nhs.uk

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

1 Attachment

 

Dear C Rock

 

Thank you for your request for us to review our response received
on 24/10/2017

 

 

Following your request for a review of the response to your FOI request
(our reference FOI313), an independent internal review has been carried
out by Dave Tomlinson, Executive Director of Finance, who was independent
of the original FOI response.  Based on his review of all the information
available and the reasonableness of the response he has concluded that the
decision to apply the exemptions should be upheld because the exemptions
have been correctly applied. Regarding question 1, where we applied a
section 22 exemption, the Trust will be issuing relevant information
within the Quality Account for 2017/18. Regarding the section 12 exemption
applied, the information would take longer to develop than the appropriate
limit.

 

We are able to provide the following additional information in response to
your questions:

 

o The Trust’s Quality Account, which will contain mortality data as
outlined in our original response, will be published as part of the
Trust’s Annual Report and Accounts in late June 2018.  The document
will be published on our website on this page -
[1]http://www.bsmhft.nhs.uk/about-us/trust-...

 

o To explain further what the Trust means by a hearing and how this
might be brought about in relation to a serious incident, a
disciplinary hearing process would only be convened in circumstances
where it was deemed that following the outcome of an independent
investigation (in line with the Trust’s disciplinary policy) that
there was potentially reasonable belief, i.e. on the balance of
probabilities (in relation to the evidence identified) that there was
a potential disciplinary case to answer in reference to any alleged
acts or omissions which may have occurred as a result of the
involvement of a member of staff in relation to the serious untoward
incident. Furthermore, the aforementioned acts or omissions would need
to be deemed to be of a gross misconduct or serious misconduct nature.
In some circumstances the commissioning manager of the investigation
will based on receipt of the investigation report determine a hearing
is not necessary, this would be based on whether the findings of the
investigations either:

 

a) do not identify evidence to support the allegations

b) are inconclusive

c) the allegations are deemed to be of a minor misconduct nature for which
some sanctions/warnings can be issued outside of a hearing process e.g.
first written warning, informal action such as retraining or performance
management being implemented etc.

 

o The response to the FOI request was provided within the statutory time
limit.

 

We are now closing this FOI request following the review decision.

 

If you are not content with this outcome, you may make a complaint to the
Information Commissioner: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or visit
 [2]www.ico.org.uk  

 

We are always interested in improving our services.  To give us feedback
regarding your experience with the Freedom of information office, please
visit:
[3]http://www.bsmhft.nhs.uk/about-us/inform...

 

Yours sincerely

 

Trust FOI Officer

e-mail: [4][email address

 

 

 

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Dear FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

(1) I note you did not answer my request for clarification 23rd October.

(2) I note that somehow my request was translated to be about gross misconduct or serious misconduct. No, my question was purely in connection with deaths of patients known to and/or in contact with the Trust. I thought you might have been properly interested to hold internal enquiries on these (Negligence / Medical Negligence) and obviously some independence would be required preferably without influence or 'interference' of your Account or other Trust employed managers. I am shocked that you have no such action in ten years (as requested), and no retrospective action taken when, for instance, culpability is admitted years later.

(3) If this request is considered closed I will be more specific in my next enquiry with respect to admitted negligence at your Centres specifically Lyndon Centre resulting in avoidable patient harm.

You also declined to provide helpful information which might have been relevant to my questions.

I repeat I am UTTERLY SHOCKED you have no live and quotable history of incidents such as this, some high-profile ones included, and "No action taken" on staff.

Please regard this as serious feedback for action, or please otherwise respond responsibly.

Yours sincerely,

C Rock

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear C Rock

Thank you for your email.

Your comments have been passed onto the lead and the Trust will communicate with your shortly in order to respond to your email.

Kind Regards

Freedom of Information Officer
Birmingham and Solihull Mental Health NHS Foundation Trust
Unit 1, B1, 50 Summer Hill Road, Birmingham B1 3RB
Direct Dial: 0121 301 1291
Email: [email address]

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Dear FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST),

While taken aback by your revelation (i.e. zero actions in ten years?), particular interest is in what you say "hearing process would only be convened in circumstances where it was deemed that following the outcome of an independent [but internal?] investigation... that there was potentially reasonable belief... there was a... case to answer... as a result of the involvement of a member of staff... " all stated with a number of caveats; then going on to point towards an arbitrary internal assessment [again on accepted evidence] as to whether conditions are fulfilled, revealing a potential for conflicts of interest in protecting Trust workers and procedures. I can perhaps understand why no action has been taken where so many internal estimations have to be met.

Thank you for the information you decided you could release.

Yours sincerely,
C Rock

C Rock left an annotation ()

Also I wondered, though the information was not volunteered, would retrospective action be taken with staff if it was later shown staff were negligent in a way that compromised patient safety or health in a serious way e.g. found/agreed by the Ombudsman as a result of a faulty Trust investigation?

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear C Rock

We are writing in response to your email dated 27 November 2017 to provide some further explanation of our responses to your initial FOI request dated 22 September 2017, your email dated 24 October 2017 and your request for an internal review dated 25 October 2017, which we hope will provide further clarity for you. We have numbered these as per your email dated 27 November 2017.

1)Your FOI request asked for “The number of deaths in last 10 years of persons previously having had contact with the Trust either as "service users" or being at the time "discharged" i.e. known to the Trust -- broken down by Trust Centre”.

The question asks for the number of all people who have died in the last 10 years who have had any contact with our services, regardless of whether they are still in receipt of our services or whether their death was connected with their mental illness. For example, it would include every person who has had any contact with our services in the past who has subsequently died from natural causes, physical illness or other cause unrelated to their mental health. We do not hold this information as someone may have died in hospital or the community some time after their contact with our services ceased and this would be recorded on the national NHS spine not on Trust systems. We record deaths of people who are under our care at the time of death on the Trust’s incident reporting and management system, which commenced in October 2011. If following the above clarification you wish to submit a revised FOI request relating to deaths of service users in our care at the time of their death that are recorded on our incident reporting system, and how those deaths are investigated, we would be happy to consider this.

2)The questions in your FOI request asked for details of disciplinary action taken “in cases of death where negligence/malpractice/maladministration was identified” and “for any other serious untoward incident” and we believe we answered these questions appropriately in our response. Your email dated 24 October requested clarification on “what the Trust means by ‘a Hearing’ and how such an event might be brought about if not by every death or SUI (Serious Untoward Incident)”. We believe that we have provided this clarification in our response dated 21 November 2017 in explaining under what circumstances a hearing might be held in relation to a serious incident.

Neither request related to how we investigate deaths generally within the Trust as the questions were focused specifically on disciplinary action rather than investigations into deaths. Not all investigations into a death would result in disciplinary action and we have already clarified the circumstances under which action would be taken. However if you are able to provide further clarity on the information you are seeking and/or would like to submit a question relating to how we investigate deaths within the Trust that are recorded on our incident reporting system, we would be happy to consider this.

3)If there are any further requests you would like to make under the FOI Act that relate to information held by the Trust and have not already been addressed in our previous responses, we are happy to receive these and will respond appropriately under the Act.

Under the FOI Act we are restricted to responding to requests for information held by the Trust. The FOI Officer is not able to respond to other questions, opinions or complaints about the Trust’s services, however these can be directed to our Customer Relations team by emailing [email address] or calling 0800 953 0045.

If you are not content with this outcome, you may make a complaint to the Information Commissioner: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or visit www.ico.org.uk

We are always interested in improving our services. To give us feedback regarding your experience with the Freedom of information office, please visit: http://www.bsmhft.nhs.uk/about-us/inform...

Yours sincerely

Trust FOI Officer
e-mail: [email address]
_______________________________________________________________________________________________________________________________________________________

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