DPA request on NHS Negligence case HS224883

C Rock made this Freedom of Information request to Parliamentary and Health Service Ombudsman

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 Parliamentary and Health Service Ombudsman.

Dear Parliamentary and Health Service Ombudsman,

Please pass this on to the persons responsible for personal data requests under DPA.

In a response to what PHSO terms ‘Historic’ referring to cases that have never been appropriately dealt-with in transparency, openness and candour, the PHSO R Behrens undertook in October 2017 to review this case. Six months later the case was dismissed as 'closed', as being satisfied with the evidence and handling in 2015-6 under the previous Ombudsman J Mellor.

The letter conveyed no confidence in its objective, and contained little of value considering the wait, and importance. So far I have only received this letter, but no indication of any expected review, showing examination of the case, evidence, and unresolved issues.

Also, I did not see any new responses to outstanding serious service quality issues raised, and which became increasingly marked right up to present date from over nine years since PHSO approach.

You chose not to deal with the service issues raised and again I await serious response. Since receiving the letter I discovered the NHS Trust lied and, effectively, the PHSO and NHS Trust lied in asserting their joint acceptance. This caused great mental and family harm which the PHSO has maintained to the present.

Please provide me with:

• The missing Review

• Details of specific attention to unsubstantiated NHS statements allowed by PHSO.

• Details of attention post-October 2017, given to the service complaints.

Yours faithfully,

C Rock

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request.
If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your request will be processed as a Subject Access Request under the provisions of the Data Protection Act 2018 and will be responded to within one calendar month in accordance with the statutory time frame set out in the Act.
We may contact you before this time if we require further clarification or if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via secure email, unless you instruct us differently. To access the information on the email we send, you will need to sign up to our secure email service. Details can be found on our website using the link below:
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If you require us to post your personal information to you instead you will need to inform us of this and confirm your current address as soon as possible.

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C Rock left an annotation ()

There is evidence that a defendant party lied to the PHSO in attempts to mislead investigation into my son’s death after negligence at Birmingham and Solihull Mental Health NHS Trust and the Solihull GPs involved. The lies acutely impact on dependability of previous evidence utilised and manipulated by the PHSO in excusing the chain of events over 5 years ending with my son’s death.

This misdemeanour was withheld from both draft and ‘final’ report Jan 2016 in a serious lapse. I have since learnt that this practice is against PHSO ‘guidelines’ as confirmed by public FOI request on WhatDoTheyKnow .

Giving flawed evidence is an issue of lack of candour with legal implications, and it is unacceptable for PHSO not to be cognisant of it, nor adept in recognising it; in my understanding.

Unfortunately this case is still unresolved due, plainly, to PHSO incompetence, but there appears to be a hidden agenda in cover-up and defendant collusion, and no recognition or concept of truth and reconciliation needed to stop more deaths from the same old mistakes.

Responses by the NHS to investigation, hm coroner, phso and affected parties are all now compromised and in doubt as to truth. The PHSO just doesn't get it, nor appears to want to communicate with complainant above the defendant who was accommodated after a demand that PHSO final was 'amended' for acceptability (BSMHFT).

I regret this has to be said and published here but the PHSO has had sufficient warning to act, I think.

Dear Parliamentary and Health Service Ombudsman,

It is on record that any information given to me should be by email (docx/pdf/password ) or as last resort in print and not by 3rd party system enrolment. I hereby reaffirm that permission.

I confirm that my contact details for response have not changed since last communication either way.

I would ask that providing the information (if any) is not substantially delayed as with previous requests of this nature since this has been seen to work against an expectation of openness and Just outcome.

Yours faithfully,

C Rock

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request.
If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your request will be processed as a Subject Access Request under the provisions of the Data Protection Act 2018 and will be responded to within one calendar month in accordance with the statutory time frame set out in the Act.
We may contact you before this time if we require further clarification or if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via secure email, unless you instruct us differently. To access the information on the email we send, you will need to sign up to our secure email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you will need to inform us of this and confirm your current address as soon as possible.

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Dear Parliamentary and Health Service Ombudsman,

Please update me on progress of this request since your delay may be seen to play in favour of PHSO agenda to write-over and ignore the 'historic' complaint of nine years.

I have told you this complaint is still in dispute and I have given you the reasons for it to which you have not responded.

> Primarily you have not addressed the use of incorrect and malicious evidence given by an NHS Trust BSMHFT and which the PHSO could plainly have identified if skilled and minded to do so.

> Secondly you have not addressed the collusion with BSMHFT seen when your draft outcome was refused by that body and negotiated to change where I was not permitted similar power.

> Thirdly you have not resolved my service complaints accrued over nine years and which have caused illegal harm and great loss, and which you have failed to assess and address under your duty as a UK service.

Yours faithfully,

C Rock

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

1 Attachment

Thank you for contacting the Parliamentary and Health Service Ombudsman’s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request.
If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your request will be processed as a Subject Access Request under the provisions of the Data Protection Act 2018 and will be responded to within one calendar month in accordance with the statutory time frame set out in the Act.
We may contact you before this time if we require further clarification or if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via secure email, unless you instruct us differently. To access the information on the email we send, you will need to sign up to our secure email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you will need to inform us of this and confirm your current address as soon as possible.

______________________________________________________________________
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InformationRights, Parliamentary and Health Service Ombudsman

Dear C Rock

Thank you for your email.

Our response to your request was sent on 9th October 2018 to your personal email address.

Please confirm whether you or not this response was received. If not, then we will send the response out again.

Regards,

Freedom of Information/Data Protection Team
Parliamentary and Health Service Ombudsman
E: [email address]
W: www.ombudsman.org.uk

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C Rock left an annotation ()

I asked the Ombudsman for the following, in relation to a supposed review by R Behrens PHSO of an 'historic case' (opened 2009), along with many PHSO service failure complaints including PHSO breach of Disability and Equality legal requirements :

Please provide me with:

• The missing review
• Details of specific attention to unsubstantiated NHS statements allowed by PHSO.
• Details of attention post-October 2017, given to the service complaints.”

The PHSO response:

"Your request for information relating to your complaint to PHSO has been handled as a Subject Access Request under the provisions of the Data Protection Act 2018.
There is no information that can be released in response to this request."

In the absence of any records, what I take from this is :

> The Ombudsman or delegate did not carry out the requested enquiry, investigation or review as led to believe would be done (October 2017), and there is no documentation which recorded that he/she did.

> There may be some documentation but for some covert reason (as implied), the PHSO will not release it.

> Not a single statement or communication from that office can be trusted. I am left assuming there is an 'agenda' to conceal grave errors; admitted internally but not faced openly.

> Illegal harm already inflicted on complainants is of no concern for the Ombudsman to address or appease: the opportunity for this rejected again, at highest level.

> Historic complaints will not be investigated and resolved at any effort despite promises to PACAC to do so, lest PHSO suffers damage.

Dear InformationRights,

I cannot determine if this request is complied-with, because there was not productive result.

In effect, any or all of the closure conditions apply to this request:

> I'm still waiting for my information
> They do not have the information
> I've received some of the information ('Zero', as stated)
> I've received all the information (no follow-up has been advised, to comply fully)
> My request has been refused (records possibly not released for unspecified reason)

It is fair to this WDTK platform to close opened FOI requests, therefore I will class it as 'Refused' since there is a suggestion by the Ombudsman that nothing is to be released of the Inquiry requested.

Yours sincerely,

C Rock

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request.
If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your request will be processed as a Subject Access Request under the provisions of the Data Protection Act 2018 and will be responded to within one calendar month in accordance with the statutory time frame set out in the Act.
We may contact you before this time if we require further clarification or if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via secure email, unless you instruct us differently. To access the information on the email we send, you will need to sign up to our secure email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you will need to inform us of this and confirm your current address as soon as possible.

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

J Roberts left an annotation ()

C Rock,

You might consider making a meta request:

'“A meta request is a request for recorded information about the handling of a previous information request...
Meta requests do not have any special status under FOIA or the EIR, nor are there any specific exemptions (or exceptions) for this type of request. This means that an authority should treat meta requests in the same way as any other information request”. '

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

C Rock left an annotation ()

Interesting and thank you Mr Roberts. Wonder if it applies to SAR when data may or not exist but No was implied?