Brenda Prentice

Dear Department of Health and Social Care,

legitimate questions

A Government response about Historic cases below:

https://publications.parliament.uk/pa/cm...

"We agree that the PHSO is not the correct body to carry out inquiries into historic cases However, there remains a need for them to be addressed, both in the interests of the families involved and in ensuring that any safety lessons that can still be learnt are. We therefore endorse and repeat our predecessor Committee’s recommendation; that the Department of Health and Social Care should develop a proportionate, time limited, mechanism to independently investigate and address those cases were legitimate questions or grievances remain. There is also a need to address local complaint handling and investigations in the NHS to ensure that there are fewer failed investigations in the future, we address this in the next chapter."

Please tell me what progress has been made in this mechanism?

Yours faithfully,

Brenda Prentice

Our ref: DE-1143142

 

Dear Ms Prentice,

 

Thank you for your correspondence of 27 July about the role of the
Parliamentary
and Health Service Ombudsman (PHSO).  I have been asked to reply and I
apologise for the delay in doing so.

I appreciate your concerns about the
Government’s progress in reviewing the PHSO’s role in relation to
investigating
historic cases.  However, I am afraid
that, at this time, there is nothing further the Government can add to its
response to the report of the Public
Administration and Constitutional Affairs Committee, PHSO Annual Scrutiny
2016-17.

 

It may be helpful, however, to refer
to the paragraphs following the extract you quote in your correspondence,
which
state that:

 

The Government
has initiated inquiries and investigations in the past, where there has
been
evidence of serious harm relating to specific healthcare settings and
there is
an important opportunity for system-wide learning. However, there have
been
calls for a wider scope of investigations into historical cases and the
Department of Health and Social Care has heard from a number of families
regarding their desire for redress in this area.

 

This includes the
former Expert Advisory Group for the Health Service Safety Investigation
Branch, which made a recommendation to the Department of Health and Social
Care
“that the Secretary of State establish a process to address unresolved
cases,
aimed at providing truth, justice and reconciliation, to address the
concerns
of patients, families and staff affected”. The Department is considering
possible approaches and any implications before determining the next
steps.

 

The Government
agrees that more can be done to improve the quality of complaint handling
specifically relating to serious incidents. For example, NHS Improvement
will
be reviewing the 2015 Serious Incident framework in order to provide
national
guidance on the systems, processes and behaviours that providers,
commissioners
and oversight bodies are expected to adopt to ensure the NHS responds more
appropriately and effectively to serious incidents. In addition, the
Healthcare
Safety Investigation Branch (HSIB) is now conducting independent and
professional led investigations in the NHS and is acting as an exemplar
for
high quality investigations. We believe over time, HSIB will raise the
standards of investigative practice across the NHS that will benefit
patients,
families, healthcare staff and the tax payer.

 

I am sorry I cannot be more helpful
at this time.

Yours sincerely,

 

Jemimah Norman

Ministerial Correspondence and Public Enquiries

Department of Health and Social Care

 

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Dear Department of Health and Social Care,

'However, I am afraid that, at this time, there is nothing further the Government can add to its
response'

In other words much wringing of hands but no progress? In fact sitting on hands? What are we who have been denied justice to do?

Is there a policy guide to sitting on hands?

Yours faithfully,

Brenda Prentice

Dear Department of Health and Social Care,

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

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Legitiment Questions'.

The is no answer to my request which was, what can those let down by Dept of Health do?

Is there a policy for sitting on hands?

Hsib will investigate 30 case a year! Not even a drop in the ocean of this massive problem.

If any authority wanted to make improvements it would. So why is there no intent?

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

Yours faithfully,

Brenda Prentice

Our ref: DE-1148080 

   

Dear Ms Prentice,  
   
Thank you for your recent correspondence about the role of
the Parliamentary and Health Service Ombudsman (PHSO) and the
investigation of historic cases in the NHS.  I have been asked to reply.  
 

I appreciate your continuing concerns. 

 

Firstly, I should clarify that the Freedom of Information Act only applies
to recorded information such as paper or electronic archive material.  As
your correspondence asked for general information, rather than requesting
recorded information or documentation, it has not fallen under the
provisions of the Act. 

 

With regard to the PHSO, the PHSO is independent of both Government and
the civil service.  This independence is central to the Ombudsman’s
ability to investigate complaints impartially and fairly, regardless of
others’ views.  The PHSO is accountable directly to Parliament through the
Parliamentary Administration and Constitutional Affairs Committee
(PACAC).  The Chair of this Committee is Bernard Jenkin MP.  You
may therefore wish to approach him directly with your concerns, if you
have not already done so.  For ease of reference, the contact details for
the Committee are: 

 

Public Administration and Constitutional Affairs Committee 

House of Commons 

London SW1A 0AA 

 

Tel: 020 7219 3268 

Email: [1][email address]  

 

As the Department of Health and Social Care itself falls within the
Parliamentary Ombudsman’s jurisdiction, I hope you will appreciate that it
is not appropriate for the Department or its officials to comment on or
intervene in the actions of the PHSO. 

 

I am sorry to send what I appreciate may be a disappointing reply, but I
hope it is helpful in clarifying the Department’s position. 

 
Yours sincerely,  
   
Natasha Slade  
Ministerial Correspondence and Public Enquiries 
Department of Health and Social Care 

  

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Dear Department of Health and Social Care,

You have stated:
With regard to the PHSO, the PHSO is independent of both Government and
the civil service. This independence is central to the Ombudsman’s
ability to investigate complaints impartially and fairly, regardless of
others’ views. The PHSO is accountable directly to Parliament through the
Parliamentary Administration and Constitutional Affairs Committee
(PACAC). The Chair of this Committee is Bernard Jenkin MP. You
may therefore wish to approach him directly with your concerns, if you
have not already done so. For ease of reference, the contact details for
the Committee are:

Having tried to gain a fair impartial and independent hearing into the avoidable death of my son, I can tell you from experience, none of the above is correct!

Even Bernard Jenkin agrees but says he can do nothing. PHSO is not accountable to anyone or anything, that includes Parliament and the Court.

In it's wisdom Parliament gave PHSO 'discretion' it trumps all law. PHSO is a bias organisation which shields all authorities. This has been demonstrated many times. There is no justice from the 'last bastion of Justice'!

Your Dept can deal fairly with historic cases by contracting a independent investigation.

That is the only way REAL LEARNIN|G will take place.

What steps are the Dept taking to implement such a learning process? Who would be responsible for such 'learning'?

Yours faithfully,

Brenda Prentice

Dear Department of Health and Social Care,

'However, I am afraid that, at this time, there is nothing further the Government can add to its
response'
I guess there is no intent, it suits all authorities for PHSO to continue as it is.

Yours faithfully,

Brenda Prentice

Our ref: DE-1150389 

   

Dear Ms Prentice,  
   
Thank you for your further correspondence of 27 September about the role
of the Parliamentary and Health Service Ombudsman and the investigation of
historic cases in the NHS.  I have been asked to reply.  
 

I note that you have written to the Department previously on a number of
occasions about this issue and I am afraid that there is nothing further
that I can add. 

 

I am sorry if this is not the reply that you were hoping for, but as there
is nothing further that the Department can add, we must now consider this
matter to be closed.  Unless you raise a new question, any
further correspondence sent to the Department will be logged but may not
receive a reply. 

 
Yours sincerely,  
   
Leigh Smale  
Ministerial Correspondence and Public Enquiries 
Department of Health and Social Care 

  

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Dear Department of Health and Social Care,

Dear leigh,

The reason I have to write so many times is that no one answer the question! So I have to try again, and again, then I get the answer you have given....open, clear, transparent? Not really.....

Yours faithfully,

Brenda Prentice

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