Dear Secretary of State for Health & Social Care, Dear DHSC,

This is a formal FOIA request related to communication I received from DHSC and also related to the Secretary of State’s powers and responsibilities under the NHS Act 2006 (The Secretary of State may provide vehicles (including wheelchairs) for persons appearing to him to be persons who have a physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.)

In 2023 and 2024, I received several pieces of dismissive communication from DHSC in response to concerns I raised about unfair, out-of-date and discriminatory NHS wheelchair eligibility criteria in the NW London ICB service area, outsourced to AJM Healthcare:

“Standard attendant propelled wheelchairs for transit purposes only will not be provided to people living in a residential or nursing home; if an existing service user is relocating into a nursing home, a wheelchair previously issued for transit purposes only must be returned to the wheelchair service” (extract from NWL NHS WCS 2016 eligibility criteria).

Given that DHSC did not act, but rather signposted me to the NWL ICB as being responsible, the same unfair, unclear and discriminatory NHS wheelchair eligibility criteria in the NW London ICB service area, continues to be published by AJM Healthcare, but now with a new date (Nov.2024).

https://northwestlondon.wheelchair.servi...

AJM Healthcare does not define the term “transit wheelchair”, but according to Invacare, a transit wheelchair is – Suitable for individuals who require an attendant for support during your time in the wheelchair. *
https://www.invacare.co.uk/manual-wheelc...

Contrary to the information provided by DHSC, the NWL ICB (chaired by Dr Penny Dash) denied their responsibility and stated that AJM Healthcare is responsible for publishing clear and up-to-date information. NWL ICB also stated that the justification for the exclusion within criteria is information not held by the ICB:
https://www.whatdotheyknow.com/request/u...

By contrast, other ICBs act responsibly and in accordance with the information DHSC provided me, even going as far as to publish Engagement Report of the various NHS Wheelchair Services that they commission (NOTTS ICB):

“The contents of this document have been agreed by the NHS Staffordshire and Stoke-onTrent Integrated Care Board (ICB), which is the organisation responsible for commissioning the Staffordshire and Stoke-on-Trent Wheelchair Service.”

https://staffordshireandstoke.wheelchair...
“To qualify for an NHS funded wheelchair you need to meet certain eligibility criteria, which are set by the Hertfordshire and West Essex Integrated Care Board. These eligibility criteria are reviewed each year.”
https://www.hertsandwestessex.ics.nhs.uk...

“There are historic differences in wheelchair services provided across Nottingham and Nottinghamshire due to changes in commissioning bodies across the area. A review of Nottingham and Nottinghamshire wheelchair services was conducted to assess whether the difference in services create inequity across Nottingham and Nottinghamshire.” (April 2024)
https://notts.icb.nhs.uk/wp-content/uplo...

Please release under the FOIA:
1. Any recorded information i.e. official or internal document(s), guidance, correspondence, Acts, regulations, etc on which DHSC staff founded the opinion in their email to me dated 28.06.24, DHSC ref: DE-1503538 stating that: “Integrated care boards (ICBs) are responsible for the provision and commissioning of local wheelchairs services and the development of their local wheelchair service eligibility criteria, based on the needs of their local population.”

2. Is the above DHSC statement still valid today?

3. Via which framework does the DHSC make ICBs aware of the following duties and responsibilities: “Integrated care boards (ICBs) are responsible for the provision and commissioning of local wheelchairs services and the development of their local wheelchair service eligibility criteria, based on the needs of their local population.”?

4. How will or how has DHSC act(ed) to ensure that all ICBs, including NW London ICB have an equal understanding of their obligations about ensuring that all NHS WCS eligibility/exclusion criteria are clear, fair and non-discriminatory?

5. Any recorded information i.e. official or internal document(s), guidance, correspondence, Acts, regulations, etc on which DHSC staff founded the opinion in their email to me dated 20.12.23, DHSC ref: DE-1481309 stating that: “Decisions about the funding and provision of health services, including wheelchair provision, are the responsibility of local integrated care boards (ICBs), which are supported nationally by NHS England and the Department of Health and Social Care. ICBs are responsible for providing information relating to local provision of wheelchair services and have a responsibility to ensure that people are able to give feedback about these services and raise concerns about their experience.”

6. Is the above DHSC statement still valid today?

7. Via which framework does the DHSC make ICBs aware of the following duties and responsibilities: “ICBs are responsible for providing information relating to local provision of wheelchair services and have a responsibility to ensure that people are able to give feedback about these services and raise concerns about their experience.”?

8. How will or how has DHSC act(ed) to ensure that all ICBs, including NW London ICB, have an equal understanding of their obligations about the DHSC statement: “ICBs are responsible for providing information relating to local provision of wheelchair services and have a responsibility to ensure that people are able to give feedback about these services and raise concerns about their experience.”?

9. Any recorded information explaining the Secretary of State’s powers and responsibilities related to the NHS WCSs under the NHS Act 2006 (The Secretary of State may provide vehicles (including wheelchairs) for persons appearing to him to be persons who have a physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.) or under any other enactment.

Many thanks in advance.

Yours faithfully,
Marc Jordan

Dear Secretary of State for Health & Social Care, Dear DHSC,

My FOI request, dated 23.12.2024, was not acknowledged and has not yet been responded to.

Normally, DHSC acknowledges FOI requests within three (3) working days.

Is someone working on this FOI request and when can I expect to receive the response?

Many thanks in advance.

Yours faithfully,
Marc Jordan