Patient rights, and expectation of proper care

The request was partially successful.

Dear NHS England,

Background/Reason for question:

I have been trying to get a serious complaint looked at into the negligence which led to and prompted my son’s death. I found nothing but negligence and maladministration through all services and the Health Services Ombudsman (PHSO) refused to examine the case for six years. When I was given their peremptory ‘resolution’ I was astounded by what PHSO said.

• They agreed the GP had lied about an investigation. i.e. the GP had lied and still no investigation after 6 years.

• They agreed the mental health Trust had been negligent in supporting my son and us as Carers. i.e. the Trust had lied about procedures, including to HM Coroner.

• The PHSO then said in dismissal of the intense harm done “the outcome would have probably have been the same even [without the negligence]” ; which indicated a basic denial of basis of NHS care provision.

My Question:

I find this sinister and extremely disturbing. Please are you able to tell me if the PHSO has the power to vary NHS application of procedures or patient rights or expectations in this way?

The PHSO refuses to respond on this matter.

My understanding was patients had a right to receive or be informed on best care practice and any reason why that may not be applied. It was also my impression that these rights apply to Physical and Mental Health treatments equally. Please can you confirm or clarify this?

The PHSO appear to have dismissed this at a stroke and excused negligence (GP, MH Trust) without severe consequence. I had given evidence that several negligent approaches had antagonised my son’s illness and prompted his death by self harm. The PHSO had no cognisance of the harm caused.

Yours faithfully,

C Rock

REVANS, Jordan (NHS ENGLAND), NHS England

Dear C Rock,

Thank you for contacting NHS England.

We are unable to answer enquiries regarding the policies and procedures of the Parliamentary and Health Service Ombudsman (PHSO) as we are only able to answer enquiries regarding NHS England and the services we commission.

In this instance I can only advise that you liaise further with the PHSO, who are best placed to respond to enquiries regarding their procedures.

Kind regards

Jordan Revans
Case Officer
Customer Contact Centre
NHS England

NHS England | PO Box 16738 | Redditch | B97 9PT
Tel: 0113 825 0500
Web: www.england.nhs.uk
Email: [email address]

Dear REVANS, Jordan (NHS ENGLAND),

I'm not sure you have answered this enquiry as sought.

To clarify; I understood that a patient has an expectation of best care and best practice for instance as per NICE guidelines. Is this or any other 'patient expectation' in NHS England provision written, or promised in NHS Policies?

Separately, as expectation of care appears to be argued by other government services in the example I quoted (e.g. the PHSO), are you able to tell me if other Services have the power to vary NHS policies on patient expectation of proper care, as they already claim?

Yours sincerely,

C Rock

Dear REVANS, Jordan (NHS ENGLAND),

May I prompt you further please? I was not making an enquiry regarding the policies and procedures of the Parliamentary and Health Service Ombudsman (PHSO), since it appears to me they have wilfully overstepped their remit in overlooking clinical negligence by stating 'the outcome would probably have been the same' even if correct practice had been followed.

Please can you direct me to any information which defines a patients expectation or rights to NHS care and NHS practice, which may help me with this issue?

Yours sincerely,

C Rock

REVANS, Jordan (NHS ENGLAND), NHS England

Dear C Rock,

Thank you for your further email.

The rights of NHS patients are set out in the NHS Constitution, which you can see on the below link.

https://www.gov.uk/government/publicatio...

I hope you find this information useful.

Kind regards

Jordan Revans
Case Officer
Customer Contact Centre
NHS England

NHS England | PO Box 16738 | Redditch | B97 9PT
Tel: 0113 825 0500
Web: www.england.nhs.uk
Email: [email address]

Dear REVANS, Jordan (NHS ENGLAND),

Thank you for the link which I wanted confirmed as NHS policy.

Failing to have previously dated information I have to assume NHS policy was more or less the same at the time of the negligence in my case, in terms of patient rights to treatment in any discipline, although it seems mental health is still the poor relation and support is still so poor leaving voluntary organisations to mop up and support the outcomes of its failure.

I should not need to keep raising the topic with PHSO but they apparently have a different agenda to show worth; on paper, that is. I'm aware of potential meltdown in a PHSO service which further harms people, if policies are for promises only. NHS England needs to speak out.

Thank you for your time.

Yours sincerely,

C Rock

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org