PERJURY

NHS England did not have the information requested.

Dear NHS England,

A)
Is anyone within the NHS keeping an audit on the complaints of PERJURY by service users trying to ensure that they access a Healthcare Service based on factually correct data?

B)
Is anyone within the NHS keeping an audit on the expenditure of using top of the range law firms against damaged Patients?

C) Apparently the NHS is "broke" and in "debt"; therefore, please clarify how are the costs of lawyers and law firms funded by the NHS?

D) If a patient considers themselves to be a victim of perjury by lawyers working for the NHS, please direct me to the complaints procedures provided by the NHS following such an event.

Yours faithfully,

Fiona Watts

@lawcomMIPO

FOI, England (NHS ENGLAND), NHS England

Dear Ms Watts,

 

Thank you for your communication dated 29 January 2017.

 

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.

 

For further information regarding the FOI Act, please refer to the
Information Commissioner’s Office (ICO) website. For further information
regarding NHS England and the information it publishes please visit our
website here.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

FOI, England (NHS ENGLAND), NHS England

Dear Ms Watts,

 

Freedom of Information Request – (Our Ref: FOI-052508)

Thank you for your Freedom of Information (FOI) request, dated 27 January
2017.

Your exact request was:

 

“A)  Is anyone within the NHS keeping an audit on the complaints of
PERJURY by service users trying to ensure that they access a Healthcare
Service based on factually correct data?

 

B) Is anyone within the NHS keeping an audit on the expenditure of using
top of the range law firms against damaged Patients?

 

C) Apparently the NHS is "broke" and in "debt"; therefore, please clarify
how are the costs of lawyers and law firms funded by the NHS?

 

D) If a patient considers themselves to be a victim of perjury by lawyers
working for the NHS, please direct me to the complaints procedures
provided by the NHS following such an event.”

 

NHS England holds some information in relation to your request.

 

It may help if we explain that the NHS is not a single organisation but is
made up of a range of organisations such as Hospital Trusts, Clinical
Commissioning Groups (CCGs) and Ambulance Trusts. NHS England is
responsible for commissioning primary care services such as GP and dental
surgeries, as well as some specialised secondary care services. Therefore,
any recorded information NHS England may be able to provide in response to
an FOI request will generally relate to the services NHS England
commissions. For information on commissioned services and the types of
information NHS England holds these can be found on our [1]website and in
our [2]publication scheme. For further information on the NHS, its
structure and other NHS organisations please refer to NHS Choices [3]here.

 

In response to question A: NHS England does not maintain any data around
allegations of perjury.  We do not have a perjury policy.

 

In response to questions B and C: The NHS LA (NHS Litigation Authority)
deals with clinical claims which are brought in relation to services
commissioned by NHS England.

 

They have a legal panel which was appointed following a formal procurement
exercise designed to secure value for money and quality legal support for
the NHS litigation authority addressing claims brought against NHS
England.

 

Other NHS bodies and clinicians have their own insurers who appoint the
Solicitors who defend proceedings brought against them.

 

A significant proportion of the legal costs incurred in defending any NHS
claim will be met by the NHSLA or medical defence insurers from their
insurance funds.  Some costs will be met from reserves of the insured
depending upon the extent of any excess payable. 

 

In response to Question D: If you wish to make an allegation that a lawyer
has committed perjury, you should complain to the lawyers’ professional
regulator - the Bar Standards Board or the Solicitors Regulation Authority
- depending on the identity of the professional.

 

You can contact the Bar Standards Board via:

 

[4][email address]

 

You can contact the Solicitors Regulation Authority via:

 

[5]http://www.sra.org.uk/sra/complaints-ser...

 

Please note that NHS England can only provide information relating to
England. Information for Scotland, Wales and Northern Ireland would need
to be requested from NHS Scotland, NHS Wales and the Department of Health,
Social Services and Public Safety for Northern Ireland respectively.
Contact details for these organisations can be found at:

 

·       [6]http://www.nhsnss.org/pages/corporate/ho...

·      
[7]http://www.wales.nhs.uk/nhswalesaboutus/...

 

·      
[8]http://www.dhsspsni.gov.uk/index/informa...

 

Copyright: NHS England operates under the terms of the open government
licence. Please see the NHS England terms and conditions on the following
link [9]http://www.england.nhs.uk/terms-and-cond...

 

Please note that this response applies only to NHS England.

 

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review by writing to us, within two
months of the date of this letter, to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [10][NHS England request email]

 

Please quote the reference number FOI-052508 in any future communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [11][email address]  

Website: [12]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [13][NHS England request email].

   

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [14][NHS England request email]

 

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References

Visible links
1. http://www.england.nhs.uk/ourwork/
2. https://www.england.nhs.uk/contact-us/pu...
3. http://www.nhs.uk/NHSEngland/thenhs/abou...
4. mailto:[email address]
5. http://www.sra.org.uk/sra/complaints-ser...
6. http://www.nhsnss.org/pages/corporate/ho...
7. http://www.wales.nhs.uk/nhswalesaboutus/...
8. http://www.dhsspsni.gov.uk/index/informa...
9. http://www.england.nhs.uk/terms-and-cond...
10. mailto:[NHS England request email]
11. mailto:[email address]
12. http://www.ico.gov.uk/
13. mailto:[NHS England request email]
14. mailto:[NHS England request email]

Dear FOI, England (NHS ENGLAND),

Thank you for your reply.

My question was;

Is anyone within the NHS keeping an audit on the complaints of PERJURY by service users trying to ensure that they access a Healthcare Service based on factually correct data?

In response to question A: NHS England does not maintain any data around allegations of perjury. We do not have a perjury policy.

................................

The FOI law states that I am within my rights to seek clarity on this issue,

Are you stating on here that NHS England does not bother to monitor or protect data that points out that the UNLAWFUL CONDUCT AND PERJURY by NHS employees; from Chief Executives to the lawyers? Really?

Yours sincerely,

Fiona Watts

@magnacarta300
 #lawcommipo

FOI, England (NHS ENGLAND), NHS England

Dear Ms Watts,

 

Thank you for your communication dated 11 March 2017.

 

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.

 

For further information regarding the FOI Act, please refer to the
Information Commissioner’s Office (ICO) website. For further information
regarding NHS England and the information it publishes please visit our
website here.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

Fiona Watts left an annotation ()

As is my right under UK data laws, I seek your clarification.

You wrote,
A significant proportion of the legal costs incurred in defending any NHS claim will be met by the NHSLA or medical defence insurers from their insurance funds. Some costs will be met from reserves of the insured depending upon the extent of any excess payable.

I am sorry, but I am more confused now than I was before the start of the FOI. Please rectify!

FOI, England (NHS ENGLAND), NHS England

2 Attachments

  • Attachment

    Freedom of Information Request Our Ref FOI 052508.html

    18K Download

  • Attachment

    Request for Clarification FOI 052507.html

    12K Download

Dear Ms Watts,

 

Re:      Freedom of Information request (Our Ref: FOI-052936)

 

Thank you for your emails dated 11 March 2017.

 

We have outlined your correspondence below for convenience.

In response to FOI-052508 your email read:

“Thank you for your reply.

 

My question was;

 

Is anyone within the NHS keeping an audit on the complaints of PERJURY by
service users trying to ensure that they access a Healthcare Service based
on factually correct data?

 

In response to question A: NHS England does not maintain any data around
allegations of perjury.  We do not have a perjury policy.

 

The FOI law states that I am within my rights to seek clarity on this
issue,

 

Are you stating on here that NHS England does not bother to monitor or
protect data that points out that the UNLAWFUL CONDUCT AND PERJURY by  NHS
employees; from Chief Executives to the lawyers? Really?”

 

In response to FOI-052507 your email read:

“Under UK data law, I asked the following question;

 

1) In 2009, where and how were NHS patients in Bury St Edmunds made aware
of the duties and role of a Caldicott Guardian?

 

You replied;

a. The Caldicott Guardian for NHS Patients in 2009 would depend on the
provider organisation from which they gained their care. Primary care
services such as GPs each have their own Caldicott Guardian. Each hospital
trust would have their own Caldicott Guardian. We would suggest
approaching the relevant organisation as NHS England does not hold this
information.

 

I understand that the NHS is ( I quote your website) "an executive
non-departmental public body of the Department of Health. NHS England
oversees the budget, planning, DELIVERY and day-to-day operation of the
commissioning side of the NHS."

 

Please could you note that the issue here is not whether a GP or a
Hospital has its own Caldicott Guardian. My question was as follows;

 

A) In 2009, where and how were NHS patients in Bury St Edmunds made aware
of the duties and role of a Caldicott Guardian?

 

Your department overseas the budget, planning and delivery of the day to
day side of the NHS.

 

For example, I first lodged a complaint that my medical records were wrong
in 2009 and after complying with every Complaints protocol across 6
different NHS sites, I never once saw any reference to a Caldicott
Guardian on any posters, flyers, on correspondence, emails or websites
until a Doctor discussed the issues on Twitter this year.

 

My FOI question was a legitimate one.

 

B) Please COMPLY with my lawful question; or is it the agenda of NHS
England to hoodwink us all and keep the Public in the dark, even when we
comply with UK  data laws in our FOI requests?”

 

NHS England is refusing this request under Section 14(2) of the FOI Act
(repeat requests). Section 14(2) states that public bodies are not obliged
to comply with a request which is identical, or substantially similar to a
previous request submitted by the same individual, unless a reasonable
period has elapsed between those requests.

 

NHS England has already provided a response to the elements contained
within your original requests and as such, cannot provide any further
information. We have attached a copy of our previous responses for
reference.

 

Section 14(2) is an absolute exemption and therefore not subject to the
public interest test when considering disclosure of information.

 

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review by writing to us, within two
months of the date of this letter, to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email]

 

Please quote the reference number FOI-052936 in any future communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [2][email address]  

Website: [3]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [4][NHS England request email].

   

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [5][NHS England request email]

 

‘High quality care for all, now and for future generations’

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[NHS England request email]
5. mailto:[NHS England request email]

Dear FOI, England (NHS ENGLAND),

Its too challenging to protect ones health when having to deal with your evasiveness and non compliance with UK data laws on here.

Therefore, I give you a choice; you either respond to my legitimate and lawful query on here, or the following FOI query will be displayed in big letters on a banner outside a semi-detached house in Bury St Edmunds, where the banner can be viewed from the main road called Parkway.

I refer you to the FOI query put to your on 29th January 2017'

"A) In 2009, where and how were NHS patients in Bury St Edmunds made aware
of the duties and role of a Caldicott Guardian?"

Now on the understanding that a citizen was forced to flee Manchester for their safety; it seems farcical that they're willing to put their safety and privacy at risk out of frustration that your department refuse to comply with the UK's data laws?

Yours sincerely,

Fiona Watts

FOI, England (NHS ENGLAND), NHS England

Dear Ms Watts,

 

Re:      Freedom of Information Internal Review outcome

(Our Ref: FOI-052936 IR)

 

Thank you for your Freedom of Information (FOI) Internal Review request
dated 18 July 2017.

 

Your Internal Review request read:-

 

“Its too challenging to protect ones health when having to deal with your
evasiveness and non compliance with UK data laws on here.

 

Therefore, I give you a choice; you either respond to my legitimate and
lawful query on here, or the following FOI query will be displayed in big
letters on a banner outside a semi-detached house in Bury St Edmunds,
where the banner can be viewed from the main road called Parkway.

 

I refer you to the FOI query put to your on 29th January 2017'

 

"A) In 2009, where and how were NHS patients in Bury St Edmunds made aware
of the duties and role of a Caldicott Guardian?"

 

Now on the understanding that a citizen was forced to flee Manchester for
their safety; it seems farcical that they're willing to put their safety
and privacy at risk out of frustration that your department refuse to
comply with the UK's data laws?”

 

Your email was a ‘reply’ to NHS England’s email of 5 April 2017 regarding
FOI-052936. As such, we have interpreted your Internal Review request to
relate to FOI-052936. 

 

FOI-052936 was itself made further to a previous enquiry you had submitted
on 29 January 2017, which was given the reference number FOI-052507. It
was your email of 29 January 2017 where the question quoted in your
Internal Review request (" In 2009, where and how were NHS patients in
Bury St Edmunds made aware of the duties and role of a Caldicott
Guardian?") was first asked.

 

As such, the FOI management team have considered the handling of both your
original request (FOI-052507) and the subsequent request (FOI-052936). We
trust that this is helpful.

 

It was noted that on both occasions your responses were issued within the
statutory guidelines of 20 working days. FOI-052507 was received on 29
January 2017 and was responded to on 14 February 2017 (day 11 of 20).
FOI-052936 was received on 11 March 2017 and was responded to on 5 April
2017 (day 17 of 20).

 

It has also assessed whether you had received an appropriate response to
your request and also considered the application of the exemption
contained in section 14(2) of the FOI Act 2000, as referred to in response
to FOI-052936.

 

In your original request (FOI-052507) you asked:

 

“A) In 2009, where and how were NHS patients in Bury St Edmunds made aware
of the duties and role of a Caldicott Guardian?”

 

NHS England replied as follows:

 

“a.        The Caldicott Guardian for NHS Patients in 2009 would depend on
the provider organisation from which they gained their care. Primary care
services such as GPs each have their own Caldicott Guardian. Each hospital
trust would have their own Caldicott Guardian. We would suggest
approaching the relevant organisation as NHS England does not hold this
information.”

 

It is the conclusion of the Internal Review that this response was correct
and appropriate. NHS England came into being in April 2013 and as such did
not exist in 2009. Each individual NHS organisation must have its own
Caldicott Guardian. As such, NHS England does not hold information on how
individual NHS organisations, and/or their individual Caldicott Guardians,
disseminated information to their patients in 2009.

 

Your subsequent request (FOI-052936) was read:

 

            “Under UK data law, I asked the following question;

 

1) In 2009, where and how were NHS patients in Bury St Edmunds made aware
of the duties and role of a Caldicott Guardian?

 

You replied;

a. The Caldicott Guardian for NHS Patients in 2009 would depend on the
provider organisation from which they gained their care. Primary care
services such as GPs each have their own Caldicott Guardian. Each hospital
trust would have their own Caldicott Guardian. We would suggest
approaching the relevant organisation as NHS England does not hold this
information.

 

....................................................

 

I understand that the NHS is ( I quote your website) "an executive
non-departmental public body of the Department of Health. NHS England
oversees the budget, planning, DELIVERY and day-to-day operation of the
commissioning side of the NHS."

 

Please could you note that the issue here is not whether a GP or a
Hospital has its own Caldicott Guardian. My question was as follows;

 

A) In 2009, where and how were NHS patients in Bury St Edmunds made aware
of the duties and role of a Caldicott Guardian?

 

Your department overseas the budget, planning and delivery of the day to
day side of the NHS.

 

For example, I first lodged a complaint that my medical records were wrong
in 2009 and after complying with every Complaints protocol across 6
different NHS sites, I never once saw any reference to a Caldicott
Guardian on any posters, flyers, on correspondence, emails or websites
until a Doctor discussed the issues on Twitter this year.

 

My FOI question was a legitimate one.

 

B) Please COMPLY with my lawful question; or is it the agenda of NHS
England to hoodwink us all and keep the Public in the dark, even when we
comply with UK  data laws in our FOI requests?”

 

NHS England replied as follows:

 

“NHS England is refusing this request under Section 14(2) of the FOI Act
(repeat requests). Section 14(2) states that public bodies are not obliged
to comply with a request which is identical, or substantially similar to a
previous request submitted by the same individual, unless a reasonable
period has elapsed between those requests.

 

NHS England has already provided a response to the elements contained
within your original requests and as such, cannot provide any further
information. We have attached a copy of our previous responses for
reference.”

 

It is the conclusion of the Internal Review that it was appropriate to
refuse request reference FOI-052936 under Section 14(2) of the FOI Act.
Section 14(2) states that public bodies are not obliged to comply with a
request which is identical, or substantially similar to a previous request
submitted by the same individual, unless a reasonable period has elapsed
between those requests. As FOI-052936 repeated the question originally
asked in FOI-052507, we are satisfied that the first element of section
14(2) (“identical, or substantially similar”) is satisfied. As FOI-052936
was made 25 calendar days after NHS England’s original response was sent
to you, we consider that no “reasonable period” elapsed between requests
(particularly given that our original response confirmed that no
information relevant to your request was held, and as such there was no
reason to assume that this position would have changed in the 25 calendar
days between your requests). We note that you were provided with a copy of
the response originally provided to you under FOI-052507.

 

In light of the above, it is the conclusion of the Internal Review that
your request has been handled correctly and appropriately and that there
is no further information held by NHS England relevant to this request.
NHS England acknowledged both requests, and provided responses which
comply with FOI legislation. As such, we consider that no further progress
can be made with regard to this matter and therefore NHS England will not
enter into any further correspondence with you with regard to this
question. You remain entitled to make further FOI requests of NHS England,
and are able to liaise with the Information Commissioner’s Office in
respect of NHS England’s handling of your requests, but we will no longer
respond to requests for information about where and NHS patients in Bury
St Edmunds were made aware of the duties and role of a Caldicott Guardian
in 2009.

 

We hope this satisfactorily addresses and explains our handling and
response to your FOI request. However, if you are not content with the
outcome of the internal review, you have the right to apply directly to
the Information Commissioner for a decision. The Information
Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [1][email address]  

Website: www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email] .

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

show quoted sections

Dear FOI, England (NHS ENGLAND),

A "response" is not the same as an answer.

In respect of the Nolan Principles, you were in no doubt as to the purpose of my enquiry, but as the medical help I had sought since 2004, has been withheld from me, you can see for yourselves that I have struggled to gain transparency as to how your "system" works.

You could have provided the information for 2013 ...

Yours sincerely,

Fiona Watts