Number of complaints made against nurses working for Atos and investigated by the NMC and number of complaints referred to Atos
Dear Nursing and Midwifery Council,
Referring to this FOI request https://www.whatdotheyknow.com/request/h...
You state there are currently 41 cases where the nurse was employed by ATOS when a referral about them was made to the NMC since February 2013.
The statement is slightly ambiguous as it does not explicit whether 41 is the total number of complaints received by the NMC regarding a nurse employed by Atos, or is only the number of cases the NMC are dealing with.
During the same period or even before if possible, how many complaints received by the NMC regarding a nurse employed by Atos were referred to Atos, as their employer. For example, of the 4,407 complaints received in 2011-2012, how many were about a nurse working for Atos, how many were dealt by the NMC and how were referred to Atos?
I would like to have access to any communication (letters, emails, dates and attendees of meeting) between the GMC and Atos in relation to complaints against a nurse working for Atos or between the GMC and DWP.
Regarding the case NMC Pin: 92Y1112E,
I would like to know the rationale for allowing a nurse to work for Atos but not for other employers, and to be considered to be a danger for some patients and not for others.
We acknowledge receipt of your freedom of information or subject access
request. You will receive a full reply within the statutory time limit for
response which is: for freedom of information requests - 20 working
days; for subject access requests, under the Data Protection Act 1998, 40
Dear Anita Bellows,
I write in response to your Freedom of Information set out below.
* You seek clarification of the figure of 41 cases in our response to an
earlier Freedom of Information request.
This figure is the number of referrals received at the time by the NMC
(since February 2013) where the employer has been identified as ATOS.
During that period we have also received a number of other referrals
involving other employers.
* "During the same period or even before if possible, how many
complaints received by the NMC regarding a nurse employed by Atos were
referred to Atos, as their employer. For example, of the 4,407
complaints received in 2011-2012, how many were about a nurse working
for Atos, how many were dealt by the NMC and how were referred to
The NMC investigates all complaints it receives and does not refer them to
ATOS or any other employer to investigate independently or on behalf of
the NMC. In each case, we do share details of complaints with employers
and seek to obtain any relevant information they may have regarding the
specific complaint, and the general conduct of the registered nurse named
in the complaint.
The NMC has only been collecting statistics on the locations of incidents
referred for investigation since February 2013 and therefore we do not
hold statistics relating to this matter for 2011/12 and earlier years.
* "I would like to have access to any communication (letters, emails,
dates and attendees of meeting) between the GMC and Atos in relation
to complaints against a nurse working for Atos or between the GMC and
We presume you mean the NMC, obviously we cannot speak for the GMC.
The only correspondence that we hold between the NMC and ATOS relates to
individual fitness to practice investigations where ATOS has been
identified as the employer of the registered nurse under investigation and
the case is either closed because there was insufficient evidence to
establish a case to answer or the investigation is ongoing. This
correspondence contains the personal data of either the registrant, the
person making the complaint, other third parties or a combination of one
or more of these parties. We consider this information to be exempt under
section 40(2) of the Freedom of Information Act because to disclose it
would breach the privacy rights afforded by the Data Protection Act to the
In addition, we consider the following exemptions to also apply;
Section 40(5)(b)(i) exemption applies to any information in the
correspondence that relates to the registrant under investigation where
either the case is closed or the investigation is ongoing. This exemption
applies when to confirm or deny that we hold this information would be
unfair under the Data Protection Act to the registrant who is the subject
of the investigation.
Section 31(g) exemption (by reference to section 31(2) ) applies to all
information in the correspondence in cases where the investigation is
ongoing. This exemption applies when disclosure would, or would be likely
to, prejudice an investigation for the purpose of ascertaining a person’s
fitness or competence of a profession, i.e nursing.
We do not hold any correspondence between the NMC and the DWP relating to
complaints against a nurse working for ATOS.
* Regarding the case NMC Pin: 92Y1112E, I would like to know the
rationale for allowing a nurse to work for Atos but not for other
employers, and to be considered to be a danger for some patients and
not for others
Conditions of practice were imposed on this registrant following
inappropriate behaviour at her workplace caused by a return of serious
health issues. The registerant is receiving occupational health support
from her employer ATOS which has allowed her to practice safely. The
condition of practice that she may only be employed by ATOS was imposed is
to ensure that she continues to receive this occupational health support.
The full notice of the Condition of Practice hearing can be found on our
website by searching the following page using PIN 92Y1112E as a search
The NMC would not allow a registered nurse to practice if it considered
the nurse to pose a danger to any patient.
I have carefully considered your request for information. However, if you
are not satisfied with this response you have the right, under Section 50
of the FoIA to appeal against this decision. You should submit your appeal
within 28 days by writing to:
Chief Executive and Registrar
Nursing & Midwifery Council
23 Portland Place
London W1B 1PZ
Your appeal will be investigated in line with our internal complaints
procedure, which is attached. If you are not satisfied with the outcome,
you should then submit a letter to the Information Commissioner by writing
The Information Commissioner’s Office
Records and Archives Officer
020 7681 5751
Nursing and Midwifery Council
23 Portland Place
London W1B 1PZ
020 7333 9333 (Registrations Centre)
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