Four Years of AWP failing to comply with my Rights under FOIA

Steven King made this Freedom of Information request to Avon and Wiltshire Mental Health Partnership NHS 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.

Over the past four years, I have found it necessary to make a significant number of FOIA requests , as is my Right , to obtain information that I consider may assist my recovery to a mental health injury diagnosed by a psychiatrist at your trust in Aug 2011.

Upon carrying out a review of the many requests I have submitted, I ( and indeed others ) can clearly see where the AWP MHP NHS T has OFTEN failed to comply with my Rights on many of the requests I have submitted over a four year period.

As any reasonable person would expect, I wish the trust to " do the Right thing " for a change,
and to carry out a full review individually of each request I have made, and the responses given, so as to identify every area in each request where my Rights have been refused or ignored or not complied with in accordance with the Act.

I can confirm I have been subjected to multiple areas of abuse, harm and neglect - some of which is deliberate - by your trust when not responding to my requests as Legislation requires you to do and wish you to put right your many failings.

On your chief executives report of 29 04 2015 ( Agenda item BD/15/008 it states " The Statutory provision for a duty of candour REQUIRES organisations to tell patients when they have suffered harm due to the care they have received " . I therefore ask you to explain to me why no such duty of candour has been applied in my case ?

Clearly you are an NHS body, and your standards of care have fallen short in many areas - not only the FOIA - and this has caused me avoidable harm, damage and distress etc.

Would you please commence the process of ' doing the Right thing ' , fully complying with your duty of candour to me as a disabled NHS mental health patient, and by sending me here all of the policies and procedures you have in place to ensure when any patient gets bullied, abused , ignored , maltreated, have their Rights denied that you are supposed to follow and offer me Restorative Justice and a resolution to these long outstanding matters?

If there is any part of this FOIA request you do not intend to comply with, please pass the parts you are not going to respond to on to your Chief Executive for timely attention.

I fear your actions to date are more likely to kill me off, rather than aid my recovery - is there ANY way I can get what is Rightfully mine out of AWP ?

freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST), Avon and Wiltshire Mental Health Partnership NHS Trust

1 Attachment

Dear Mr King
 

Please find attached correspondence regarding your Freedom of Information
request.

 

Many thanks

 

Freedom of Information Team

 

Corporate Affairs

Avon and Wiltshire Mental Health Partnership NHS Trust Headquarters

Jenner House

Langley Park

Chippenham

SN15 1GG

 

Tel: 01249 468096/468208

You Matter, We Care

 

Don’t Ignore your Mental Health – click here to visit our website

 

Avon and Wiltshire Mental Health Partnership NHS Trust (AWP) is a
significant provider of mental health services for people living in Bath
and North East Somerset, Bristol, North Somerset, Swindon, South
Gloucestershire and Wiltshire, as well as specialist services to people
from across the South West.

show quoted sections

Dear freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST),

RFI 668

Thank you for your timely acknowledgement to this request , even got the correct name for the chair !

Yours sincerely,

Steven King

freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST), Avon and Wiltshire Mental Health Partnership NHS Trust

1 Attachment

Dear Mr King
 

Please find attached correspondence regarding your Freedom of Information
request.

 

Many thanks

 

Freedom of Information Team

 

Corporate Affairs

Avon and Wiltshire Mental Health Partnership NHS Trust Headquarters

Jenner House

Langley Park

Chippenham

SN15 1GG

 

Tel: 01249 468096/468208

You Matter, We Care

 

Don’t Ignore your Mental Health – click here to visit our website

 

Avon and Wiltshire Mental Health Partnership NHS Trust (AWP) is a
significant provider of mental health services for people living in Bath
and North East Somerset, Bristol, North Somerset, Swindon, South
Gloucestershire and Wiltshire, as well as specialist services to people
from across the South West.

show quoted sections

Dear Avon and Wiltshire Mental Health Partnership NHS Trust,

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

I am writing to request an internal review of Avon and Wiltshire Mental Health Partnership NHS Trust's handling of my FOI request 'Four Years of AWP failing to comply with my Rights under FOIA'. RFI 668 .

Thank you for your email response , dated 15 August 2016.

Under " You requested: " you state this is not a valid FOIA request, at para 8 of my request I asked " If there is any part of this FOIA request you do not intend to comply with, please pass the parts you are not going to respond to on to your Chief Executive for timely attention " . As I have not heard from Hayley Richards regarding the matters raised that you have not answered, please confirm you have complied with my wishes and passed ALL unanswered sections to her ?

At para's 2 & 3 & 4 of my request I ask you to take specific actions in light of what I have been subjected to,
in a small way under FOIA failings but also under VERY MANY other areas of the services I was supposed to receive from your trust, hence my request is for an individual review to be carried out of each request and the responses and communications each way, as I am convinced AWP has failed repeatedly to live up to its many duties and responsibilities to me over many years, and this will be a good start for your senior Legal and Corpprate staff and board members to see how bad things really are at AWP. I therefore ask you to pass this to your CEO Hayley Richards , as I know you also have a former senior partner Solicitor from Beechcrofts
Solicitors in Bristol, now not practicing I believe ? , who is currently chairing your trust and possibly has the best knowledge of any Solicitor in the South West in defending NHS trusts , but is now acting as chair of AWP and will hopefully be using all her knowledge to defend damaged patients and putting right the awful mess that ive found AWP to be ?

Your response also states " Further issues you have raised relate to your personal information and this information is exempt.... " , I believe the ICO expects you to deal with any personal information requested in a FOIA request to automatically be dealt with as a SAR under DPA - has this been actioned , as I understand the NHS expects you to respond to SARs within 21 days ?

I asked for ' ALL ' " All of the policies and procedures you have in place to ensure when any patient gets bullied, abused, ignored , maltreated , have their Rights denied that you are supposed to follow. "
I believe there are far more , but you have only supplied me with THREE Policies , but not the procedures I asked for - please provide those now ?

Also, within the policies you supplied me with - numbered on your letter, but not showing that number on the Policy - may I please seek clarification and details of the following sections mentioned for each policy please :

15271
What is CPA ?

@2 what are the priciples of Recovery and Social Inclusion
@2 May I please see the Rio Clinical Manual , and any Rio Manual for outpatients ?
@ 5.1 Please show the Trust CPA leaflet
@5.3 The Risk Management guidance
@5.8 Procedure to adhere to in the management of risk
@5.8 Procedures to be followed Safeguarding ( Adult ).
@5.10 Access to Mental Health Care Assessment and Treatment Policy ( + procedure please )
@5.10 The Care Delivery Procedure
@5.12 Transfer or Transition of Care
@6 The Trust LATEST Data Protection Policy and Procedure
@6 The DOH guidance NHS Code : Confidentiality
@7 Key Competencies
@8 - Standards - Performance Information
@12 Appraisal Policy
@12 Health and Social Care REcords Policy
@12 Learning and Development Policy
@12 Safeguarding Adults at Risk Policy and Procedures
@12 Procedure to Respond to a request from a service user for a change of service or professional staff

15280

@ 6 - A1 , A2 , A4 , A5 , A6 , A8 , A9
@8 The outcome measures for CQC , NHS Constitution , PHSO principles for remedy.
@10 CQC Outcome Measure 17

9315 - Being Open and Discharging our Duty of Candour

A reminder to please supply all procedures related to this policy

@5 Being Open Procedure
@5 Being Open Leaflet
@5 Duty of Candour Procedure
@5 Guidance for staff
@6 The NHS Litigation Authority ( NHSLA ) guidance.
@6 Claims Handling Policy ( & procedure ).
@12 All FOUR documents listed please.
@14.2 The NHSLA circular on Apologies and Explanations .

I cannot understand the requirements and standards of your policies without access to the documents referred to within them, that you expect staff to refer to when using them.

I have asked about Restorative Justice from you, and a Resolution , but cannot see where this has been answered or information provided . Please provide it now , and offer me assistance with these matters, you know I am disabled and have a mental health injury - you NEED to put your failings right .

I have told you " I fear your actions to date are more likely to kill me off , rather than aid my recovery ... ",
what actions have been taken by AWP to offer me the services I need , and to correct the damage your current services are causing me ?

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

Yours faithfully,

Steven King

freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST), Avon and Wiltshire Mental Health Partnership NHS Trust

1 Attachment

Dear Mr King
 
Please find attached correspondence regarding your Freedom of Information
request.
 
Yours sincerely
 

Freedom of Information Team

 

Corporate Affairs

Avon and Wiltshire Mental Health Partnership NHS Trust Headquarters

Jenner House

Langley Park

Chippenham

SN15 1GG

 

Tel: 01249 468096/468208

You Matter, We Care

 

Don’t Ignore your Mental Health – click here to visit our website

 

Avon and Wiltshire Mental Health Partnership NHS Trust (AWP) is a
significant provider of mental health services for people living in Bath
and North East Somerset, Bristol, North Somerset, Swindon, South
Gloucestershire and Wiltshire, as well as specialist services to people
from across the South West.

show quoted sections

freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST), Avon and Wiltshire Mental Health Partnership NHS Trust

1 Attachment

Dear Mr King
 
Please find attached correspondence regarding your Freedom of Information
request.
 
Yours sincerely
 

Freedom of Information Team

 

Corporate Affairs

Avon and Wiltshire Mental Health Partnership NHS Trust Headquarters

Jenner House

Langley Park

Chippenham

SN15 1GG

 

Tel: 01249 468096/468208

You Matter, We Care

 

Don’t Ignore your Mental Health – click here to visit our website

 

Avon and Wiltshire Mental Health Partnership NHS Trust (AWP) is a
significant provider of mental health services for people living in Bath
and North East Somerset, Bristol, North Somerset, Swindon, South
Gloucestershire and Wiltshire, as well as specialist services to people
from across the South West.

show quoted sections

Dear freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST),

RFI 668

Thank you for your acknowledgement for a review of this request.

Also within my email to you of 16 08 2016, I asked for assistance and clarification regarding information contained within your response - as the documents provided clearly need to be used in conjunction with the documents I very clearly identified for you and asked for.

I am concerned that, EIGHT days later , you have also sent me an acknowledgement RFI 688 ( very similar to the original request reference number - is their a mistake ? ) but do not make it understandable to me the content of the request you are now intending to respond to in another 20 days - or later ?

To be clear, In the review request, I have only asked for supplementary information that should complete the RFI 668 request - but wasnt supplied ?

Please provide TOTAL clarity to me ?

Yours sincerely,

Steven King

freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST), Avon and Wiltshire Mental Health Partnership NHS Trust

1 Attachment

Dear Mr King
 
Please find attached correspondence regarding your Freedom of Information
request.
 
Yours sincerely
 

Freedom of Information Team

 

Corporate Affairs

Avon and Wiltshire Mental Health Partnership NHS Trust Headquarters

Jenner House

Langley Park

Chippenham 

SN15 1GG

 

Tel: 01249 468096/468208

You Matter, We Care

 

Don’t Ignore your Mental Health – click here to visit our website

 

Avon and Wiltshire Mental Health Partnership NHS Trust (AWP) is a
significant provider of mental health services for people living in Bath
and North East Somerset, Bristol, North Somerset, Swindon, South
Gloucestershire and Wiltshire, as well as specialist services to people
from across the South West.

show quoted sections

freedomofinformation (AVON AND WILTSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST), Avon and Wiltshire Mental Health Partnership NHS Trust

41 Attachments

Dear Mr King

 

Please find attached correspondence regarding your Freedom of Information
request.

 

Yours sincerely

 

Freedom of Information Team

 

Corporate Affairs

Avon and Wiltshire Mental Health Partnership NHS Trust Headquarters

Jenner House

Langley Park

Chippenham

SN15 1GG

 

Tel: 01249 468096/468208

You Matter, We Care

 

Don’t Ignore your Mental Health – click here to visit our website

 

Avon and Wiltshire Mental Health Partnership NHS Trust (AWP) is a
significant provider of mental health services for people living in Bath
and North East Somerset, Bristol, North Somerset, Swindon, South
Gloucestershire and Wiltshire, as well as specialist services to people
from across the South West.

show quoted sections

D. Speers left an annotation ()

Your Duty of Candour policy clearly states "The Duty of Candour formalises the requirement for
Trusts to be open and honest with service users whe
n the care they have received is not up to the expected standard" and I would argue you treatment of Mr Kings valid questions seems less than 'open and honest' Sounds like Mr King may need to take his case to the ECHR for full resolution!

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