Queries about Oxleas refusing to answer my FOI Requests

name removed 23 Oct 2012 (Account suspended) made this Freedom of Information request to Care Quality Commission

The request was partially successful.

From: name removed 23 Oct 2012 (Account suspended)

23 January 2012

Dear Ms Brooks, Care Quality Commission,

OXLEAS MENTAL HEALTH NHS FOUNDATION TRUST

Thank you very much for your response to my Freedom of Information
Request to you vis-a-vis Oxleas.

In this response, you invite me to write to Oxleas to get
information.

However, one major reason I wrote to you in the first place was
that Oxleas had singularly made public their objections to my
seeking information describing my requests as "volumous"
"repetitive" and "vexatious".

To me, this is of great worry because if you, the regulatory body,
are not apprised of ALL incidents that occur in Oxleas, how can
there be confidence that CQC knows what is going on in this mental
health trust, or, for that matter, any other mental health trust or
hospital trust or PCT or NHS Commissioning Group or GP surgery or
GP consortia or Care Homes or Local Authorities, if you do not
insist on having ALL the information directly from these
authorities direct?

This would appear to be in need of urgent assessment by the Health
and Social Bill going through Parliament at present.

For there must surely be total control by the CQC not other bodies
because it can cause confusion and muddle and information gets lost
in a plethora of commissions, agencies and the like for the best of
intentions, it can end up as a horse designed by a committee
becomes a camel!

What is going to happen in the new NHS System of regulators? What
is going to happen in the new Care System of regulators?

Why is it not centralised under the Secretary of State for Health
and Social Welfare so that everyone can streamline the information,
and, if necessary, have multiple recipients so that everyone knows
what is going on?

I take for example my most recent FOI to Oxleas via Whatdotheyknow
charity website http://whatdotheyknow.com:

Queries
[first name removed] [last name removed] made this Freedom of
Information request to Oxleas NHS Foundation Trust

Currently waiting for a response from Oxleas NHS Foundation Trust,
they must respond promptly and normally no later than 17 February
2012 (details).
From: [first name removed] [last name removed]

21 January 2012
Dear Oxleas NHS Foundation Trust,

I am making a Freedom of Information Request.

QUERIES:

1] How many complaints did Oxleas receive in 2011 excluding mine?

2] How many complaints did you receive all together in 2011?

3] How many Freedom of Information Requests did you refuse to
answer in the last 12 months ie from 1 January 2011 to 21 January
2012 inclusive?

4] How many complaints did you receive - if any - regarding
"Sectioning" in ANY part of the MHA 1983[2007]?
*I am including Section 2, 3, 58, 135, 136 in the overall
complaints but also 117 and any other section. If you can break
them down into component parts if that is more convenient, or else
just the total number of complaints about the MHA 1983 [2007] will
be fine.

5] How many complaints did you receive - if any - about infection
control?

6] How many complaints did you receive - if any - about staff
behaviour?

7] How many complaints did you receive - if any - about staff
attitude?

8] How many complaints did you receive - if any - about staff
shortage?

9] How many complaints did you receive - if any - about sanitary
ware?

10] How many complaints did you receive - if any - about
catheterisation [including staff complaints]

11] How many fire alarms went off in 2011? How many fire drills did
Oxleas take part in in 2011? Did the patients take part in them
too? How many fire drills were there in Green Parks House in 2011
where the patients took part? Do you have the Fire Drill documents
in each patient's bedroom? How large is the font? Can all your
patients understand the Fire Drill? What training do you give them?

Thank you for your help,

Yours sincerely,

[first name removed] [last name removed]
A member of Oxleas

As Oxleas has specifically stated that they refuse to answer my FOI
Requests, I would like you to investigate them as you are the
Regulator.

Many of my questions related to the very issues that you yourselves
identified in the CQC Annual Report 2010/2011.

I have grave concerns about the SOAD system at Oxleas and have made
formal complaint about the Section 58 operational there. On 16
September 2011 I was informed by CQC that it is 3 months from date
of detention whether it be section 2 and/or 3 NOT 3 months from
section 3 when the Section 58 becomes operational but until the CQC
informed me on that day, nobody had told me.

Why not?

The CQC Annual Report states that the CQC would be making
investigation into the Section 58, the Section 132, the Section 17,
and the checking of medical records for accuracy and implementation
of regulations.

I wish to know specifically what the CQC found in Oxleas in 2011
because it is very important for the protection of health of the
patients, staff and visitors and family and friends of the
patients, that ALL Mental Health legislation - being both the MHA
1983/2007 AND Mental Capacity Act 2005 is implemented fairly,
without bias, and proportionately, and so should the Mental Health
Commissioner from the CQC be challenged to provide evidence that
this has been done for EACH INDIVIDUAL in incarceration at Green
Parks House where I note that no fewer than 3 visits by the
Commissioner had been made in the last 12/13 months.

To me, it is going to be essential for the protection and
wellbeing, of paramount importance, that the patients and their
families, are FULLY SUPPORTED at ALL TIMES by Oxleas and the CQC
working closely together.

I would like to know where your policy is on this matter please.

Meanwhile I shall upload to you my various FOI Requests to Oxleas
which they have refused to answer, as I believe, on the contrary,
that they are VITAL to ensure the protection of the staff, the
patients, the visitors, the families and friends of the patients.

As a member of Oxleas, I am keen to see improvements made, but
without breaking the bank.

Thank you very much for your help,

Yours sincerely,

[first name removed] [last name removed]
Member of Oxleas

Link to this

From: Information Access
Care Quality Commission

24 January 2012

24 January 2012

 

Our Ref: Information Request CQC IAT 2012 0071

 

This matter is being dealt with by: Russell Wynn, Telephone No: 0191
2333587

 

Dear Ms [last name removed]

 

I am writing to acknowledge receipt of your request for information dated
23 January 2012, which the Commission received on the same day. Your
request for information is as follows: -

 

Thank you very much for your response to my Freedom of Information Request
to you vis-a-vis Oxleas.

    

In this response, you invite me to write to Oxleas to get information.

    

However, one major reason I wrote to you in the first place was that
Oxleas had singularly made public their objections to my seeking
information describing my requests as "volumous" "repetitive" and
"vexatious".

    

To me, this is of great worry because if you, the regulatory body, are not
apprised of ALL incidents that occur in Oxleas, how can there be
confidence that CQC knows what is going on in this mental health trust,
or, for that matter, any other mental health trust or hospital trust or
PCT or NHS Commissioning Group or GP surgery or GP consortia or Care Homes
or Local Authorities, if you do not insist on having ALL the information
directly from these authorities direct?

    

This would appear to be in need of urgent assessment by the Health and
Social Bill going through Parliament at present.

    

For there must surely be total control by the CQC not other bodies because
it can cause confusion and muddle and information gets lost in a plethora
of commissions, agencies and the like for the best of intentions, it can
end up as a horse designed by a committee becomes a camel!

    

What is going to happen in the new NHS System of regulators? What is going
to happen in the new Care System of regulators?

    

Why is it not centralised under the Secretary of State for Health and
Social Welfare so that everyone can streamline the information, and, if
necessary, have multiple recipients so that everyone knows what is going
on?

    

I take for example my most recent FOI to Oxleas via Whatdotheyknow charity
website http://www.whatdotheyknow.com/request/qu...

    

As Oxleas has specifically stated that they refuse to answer my FOI

Requests, I would like you to investigate them as you are the Regulator.

    

Many of my questions related to the very issues that you yourselves
identified in the CQC Annual Report 2010/2011.

    

I have grave concerns about the SOAD system at Oxleas and have made formal
complaint about the Section 58 operational there. On 16 September 2011 I
was informed by CQC that it is 3 months from date of detention whether it
be section 2 and/or 3 NOT 3 months from section 3 when the Section 58
becomes operational but until the CQC informed me on that day, nobody had
told me.

    

Why not?

    

The CQC Annual Report states that the CQC would be making investigation
into the Section 58, the Section 132, the Section 17, and the checking of
medical records for accuracy and implementation of regulations.

    

I wish to know specifically what the CQC found in Oxleas in 2011 because
it is very important for the protection of health of the patients, staff
and visitors and family and friends of the patients, that ALL Mental
Health legislation - being both the MHA 1983/2007 AND Mental Capacity Act
2005 is implemented fairly, without bias, and proportionately, and so
should the Mental Health Commissioner from the CQC be challenged to
provide evidence that this has been done for EACH INDIVIDUAL in
incarceration at Green Parks House where I note that no fewer than 3
visits by the Commissioner had been made in the last 12/13 months.

   

To me, it is going to be essential for the protection and wellbeing, of
paramount importance, that the patients and their families, are FULLY
SUPPORTED at ALL TIMES by Oxleas and the CQC working closely together.

    

I would like to know where your policy is on this matter please.

    

Meanwhile I shall upload to you my various FOI Requests to Oxleas which
they have refused to answer, as I believe, on the contrary, that they are
VITAL to ensure the protection of the staff, the patients, the visitors,
the families and friends of the patients.

    

As a member of Oxleas, I am keen to see improvements made, but without
breaking the bank.

 

Your request is now being processed in accordance with the Freedom of
Information Act 2000. Your response should be sent to you within the
statutory timescale of 20 working days as outlined by the Act, subject to
the information not meeting exemption criteria or containing reference to
a third party. Should this occur, you will be notified accordingly when we
write to you next.

 

You can therefore expect a response by close of business 20 February 2012
respectively. In certain circumstances the Care Quality Commission may be
unable to provide the information within statutory timescale.  We will
then inform you of the revised timescale prior to the deadline.

 

We may require further information from you in order to process your
request.  If this is the case you will be informed and the statutory
timescale will be suspended until we receive further information from you.
If you decide not to respond then your request will be closed.

 

If you have any queries please do not hesitate to contact the team, on the
telephone number above, quoting our reference number.

 

Kind regards

 
Russell Wynn
Senior Information Access Officer
Legal Services & Information Rights
Care Quality Commission
 
Tel: 0191 233 3587
Fax: 01484 772 992
 

show quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

24 January 2012

Dear Mr Wynn, Information Access,

Thank you very much for your acknowledgement of my FOI Request.

I look forward to receiving the data via this charity website
http://whatdotheyknow.com in due course.

With best wishes,

[first name removed] [last name removed]
Member of Oxleas
Campaigner for Liberty, Truth and Justice

Link to this

From: name removed 23 Oct 2012 (Account suspended)

24 January 2012

Dear Mr Wynn,Information Access,

I thank you very much for your reply to my Freedom of Information
Requests wherein you state the CQC will not be responding to my
FOIs made of Oxleas.

I am now reconfiguring my FOI above so that for total clarity it is
within the remit of Care Quality Commission as the regulators and
overseers and inspectors of Oxleas.

Our Ref: Information Request CQC IAT 2012 0071

CARE QUALITY COMMISSION AND THE HEALTH AND SOCIAL CARE BILL AND THE
RADICAL OVERHAUL OF THE ENTIRE SYSTEMS OF HEALTH AND SOCIAL CARE

1] What is going to happen in the new NHS System of regulators?
Where will the Care Quality Commission be in this? What will be
their specific framework of reference?

2] What is going to happen in the new Care System of regulators?
Where will the Care Quality Commission be in this? What will be
their specific framework of reference?

3 CQC ANNUAL REPORT 2010/2011 RE OXLEAS MENTAL HEALTH NHS TRUST

How has the CQC investigated the SOAD system which has been
identified as being in need of inspection?

Oxleas is a very large institution, and there is noted to be
variety of provision ranging from being a model of good practice to
others where some support is apparently required to bring it up to
the standards of the model best.

I wish to know the following regarding the 150 so SOAD applications
made at Oxleas as identified in the response by CQC a couple of
days ago:

1] How many SOAD applications were made by patients in
incarceration at Goddington Ward, Green Parks House in 2011?

2] How many SOAD applications were made by patients in
incarceration in Betts Ward Green Parks House in 2011?

3] How many SOAD applications were made by patients in
incarceration in Green Parks House in 2011?

4] How many SOAD applications were made by patients in detention in
Ivy Willis House in 2011?

5] How many SOAD applications were made by patients in detention in
North House/House North in 2011?

6] How many SOAD applications were unsuccessful in changing the
views of the Responsible Clinician and the patient remained in
detention and being forced to take the medication as prescribed, or
increased by the SOAD?

7] How many SOAD applications were successful in getting the
patient released from detention altogether because the
recommendation of the SOAD was that the person was being deprived
of their liberty?

8] How many SOADs were employed by Care Quality Commission in 2011?
Do you have several or just one or two? What are their
qualifications for the role? Are they practising psychiatric
consultants employed in other Mental Health Trusts or local
authorities?

9]How many requests were there for a "second" opinion of the Care
Quality Commission's SOAD?

10] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House in 2011?

11] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, and Section 58
not being correctly applied?

12] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about the
standard of infection control?

13] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about broken
sanitary ware being left in situ for several days without it being
replaced?

14] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about poor
catheter care?

15] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about inaccurate
/ false records?

16] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about bullying
of patients' relatives by staff?

17] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate Section 2 process and procedures by the
AMHP for people entering Oxleas?

18] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate Section 3 process and procedures by the
AMHP for people entering Oxleas?

19] In 2011, how many complaints did the Care Quality Commission
receive about any maliciousness of the Sectioning at Oxleas?

20] In 2011, how many complaints did the Care Quality Commission
receive about inaccuracies in the data held on the patients and
their families at Oxleas?

21] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate reports with hearsay rather than provable
data at Oxleas?

22] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate 132 Sections where it was stated that the
Nearest Relative had been displaced but in fact that was untrue,
but has been lodged nonetheless with the patient's signature and
filed at the MHA office of Oxleas?

I wish to know specifically what the CQC found in Oxleas in 2011
because it is very important for the protection of health of the
patients, staff and visitors and family and friends of the
patients, that ALL Mental Health legislation - being both the MHA
1983/2007 AND Mental Capacity Act
2005 is implemented fairly, without bias, and proportionately, and
so should the Mental Health Commissioner from the CQC be challenged
to
provide evidence that this has been done for EACH INDIVIDUAL in
incarceration at Green Parks House where I note that no fewer than
3 visits by the Commissioner had been made in the last 12/13
months.

Thank you very much for your help in this matter which I believe to
be essential to have public airing for public debate so as to make
vital improvements in healtcare across the nation.

I do not know of other mental health care trusts and I would like
to know how Oxleas compares with other trusts. From what I
understand there have been significant improvements at Oxleas, and
I have praised people's commitment and kindness there.

I just want to help to get the optimal treatment for the best use
of the money available in these straitened times of high costs and
relatively low wages for some of the staff. Any reduction in
wastage will surely help to boost staff morale if more people can
be employed to stop staff shortages. The health and well being of
the staff is vital to us all.

There are some truly caring and kind people in Goddington Ward but
I am concerned to read the Annual Report of 2010/2011 of Oxleas by
CQC, and if my FOI Request can assist, then it will have benefit
for the public weal.

I am pleased to be a Member of Oxleas, and they encourage me and
all members to make our voices heard.

Thank you again,

Yours sincerely,

[first name removed] [last name removed]
Member of Oxleas
Campaigner for Liberty, Truth and Justice

Link to this

From: Information Access
Care Quality Commission

25 January 2012


Attachment 20120125 Amended Request for Information CQC IAT 2011 0071.doc
34K Download View as HTML


25  January 2012

 

Our Ref: Information Request CQC IAT 2012 0071

 

Dear Ms [last name removed]

 

I am writing to acknowledge receipt of your request for information dated
23 January 2012, which  was revised on 24 January 2012 and the Commission
received on the same day. Your request for information is as attached.

 

Your request is now being processed in accordance with the Freedom of
Information Act 2000. Your response should be sent to you within the
statutory timescale of 20 working days as outlined by the Act, subject to
the information not meeting exemption criteria or containing reference to
a third party. Should this occur, you will be notified accordingly when we
write to you next.

 

You can therefore expect a response by close of business 2 1  February
2012 respectively. In certain circumstances the Care Quality Commission
may be unable to provide the information within statutory timescale.  We
will then inform you of the revised timescale prior to the deadline.

 

We may require further information from you in order to process your
request.  If this is the case you will be informed and the statutory
timescale will be suspended until we receive further information from you.
If you decide not to respond then your request will be closed.

 

If you have any queries please do not hesitate to contact the team, on the
telephone number above, quoting our reference number.

 

Kind regards

 
Russell Wynn
Senior Information Access Officer
Legal Services & Information Rights
Care Quality Commission
 
Tel: 0191 233 3587
Fax: 01484 772 992
 

show quoted sections

Link to this

From: Information Access
Care Quality Commission

25 January 2012

Dear Ms [last name removed]

In relation to your specific request CQC IAT 2012 0072 I can confirm that we have not yet formally issued a refusal notice or provided the information to you. In relation to this request I am still presently making enquiries with the appropriate team as to what information we hold.

The only correspondence sent thus far in relation to request CQC IAT 2012 0072 was an acknowledgement and then advising you that we would not consider an Internal Review of this request until we had formally responded to you.

I do however note in relation to your specific request CQC IAT 2012 0075 we have had further correspondence with you in which we provided advice and assistance to you to clarify the Information Access Team's role. This was not a formal refusal notice of any of your outstanding requests but merely advice about the requirements that CQC are placed under as a result of the Freedom of Information legislation.

I also note that the revisions you provided to requests CQC IAT 2012 0071, CQC IAT 2012 0073 and CQC IAT 2012 0074 have been most helpful and I am currently in the process of obtaining this information from the appropriate teams.

The Commission still fully intend to respond to all 5 requests that you have made via what do they know and will advise you of this in due course.

I have also sent a copy of this advice to the separate e-mail address for each of the 5 requests you have made.

Kindest Regards

Russell Wynn
Senior Information Access Officer
Legal Services & Information Rights
Care Quality Commission

Tel: 0191 233 3587
Fax: 01484 772 992

**************************************************************
Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to [CQC request email].

show quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

25 January 2012

Dear Mr Wynn, Information Access,

Thank you very much for your kindness in helping me to reconfigure
my Freedom of Information Requests.

Thank you for your EXCELLENT ADVICE.

With best wishes,

[first name removed] [last name removed]
Member of Oxleas
Campaigner for Liberty, Truth and Justice

Link to this

From: Information Access
Care Quality Commission

21 February 2012


Attachment 20120221 Response CQC IAT 2012 0071.doc
50K Download View as HTML


21 February 2012
 
Our Ref: Information Request CQC IAT 2012 0071

Dear Ms [last name removed],

I am writing in response to your request for information dated 23 January
2012 in which you made a request for information in accordance with the
Freedom of Information Act 2000 (FOIA), which the Commission received
on 23 January 2012 and was then amended on 24 January 2012.

Please find our response attached for your information.

If you have any queries please do not hesitate to contact me.

Yours sincerely,

Russell Wynn
Senior Information Access Officer
Legal Services and Information Rights
Citygate
Gallowgate
Newcastle upon Tyne 
NE1 4PA

Tel: 0191 233 3587
Fax: 01484 772 992
E-mail: [1][CQC request email]
 

show quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

21 February 2012

21 February 2012

Dear Mr Cameron Prime Minister of Great Britain and Northern
Irleand, Mr Turner MP for the Isle of Wight and Mr Wynn, Care
Quality Commission,

Thank you very much for your response to my Freedom of Information
Request and I wish to ask supplementary questions in relation to
the information as given.



Response issued under the Freedom
of Information Act 2000

Our Reference: CQC IAT 2012 0071

Date of Response: 21 February 2012

Information Requested:

CARE QUALITY COMMISSION AND THE HEALTH AND SOCIAL CARE BILL AND THE
RADICAL OVERHAUL OF THE ENTIRE SYSTEMS OF HEALTH AND SOCIAL CARE

1] What is going to happen in the new NHS System of regulators?
Where will the Care Quality Commission be in this? What will be
their specific framework of reference?

2] What is going to happen in the new Care System of regulators?
Where will the Care Quality Commission be in this? What will be
their specific framework of reference?

Response to point 1 and 2
The Health and Social Care Bill, currently before Parliament,
strengthens and clarifies the role of CQC within the health and
social care system.  We will have sole responsibility for
regulating the quality of care offered by providers of both health
and social care.  Additionally, the bill proposes the creation of
Healthwatch England as an independent consumer champion within CQC
to give people who use services a stronger voice within the
regulatory system.  It will have the power to make reports to CQC
and Monitor, among other bodies. 
 
CQC will work alongside Monitor and the NHS Commissioning Board in
holding care service providers and commissioners of services to
account.  During the transition period CQC will maintain focus on
quality and safety of the care people receive, taking regulatory
action whenever necessary.  
 
These changes are contingent on the passage of the Health and
Social Care Bill, currently before the House of Lords. 

[first name removed] [last name removed]'s Supplementary Question
to the CQC with reference to their responses above:

What safeguards will there be for the PUBLIC to have a proper say
so as to enforce accountability and transparency rather than any
service being able to claim that they do not have to give access to
information under FOIAct 2000 because they are PRIVATE concerns?

So will this new Health and Social Care service cover ALL
facilities or just public ones? And will the complaints procedures
cover only the public facilities or will it include the private
facilities too?

This, I aver, is of great importance to ensure patient safety.
======================================================
3] CQC ANNUAL REPORT 2010/2011 RE OXLEAS MENTAL HEALTH NHS TRUST

How has the CQC investigated the SOAD system which has been
identified as being in need of inspection?

The report referred to does not ask for an investigation or
inspection of the SOAD system. This request is based on a
misunderstanding, Oxleas is not responsible for providing SOAD’s,
CQC is and the report says ‘The CQC acknowledge that the trust has
experienced some difficulties in accessing the Second Opinion
Appointed Doctor (SOAD) service. The trust’s commitment to
encouraging its doctors to undertake the role of a Second Opinion
Appointed Doctor is appreciated and will be encouraged in the
coming year.’

[first name removed] [last name removed]'S SUPPLEMENTARY QUESTION
IN RESPONSE: Why did Goddington Ward need 10 SOAD referrals whereas
North House, Ivy Willis House and Betts Ward needed less than 5
SOAD referrals as per your response? What was it about GODDINGTON
Ward that necessitated so many SOAD reviews if the Responsible
Clinician was getting it "right"?

====================================================
Oxleas is a very large institution, and there is noted to be
variety of provision ranging from being a model of good practice to
others where some support is apparently required to bring it up to
the standards of the model best.

I wish to know the following regarding the 150 so SOAD applications
made at Oxleas as identified in the response by CQC a couple of
days ago:

For all of the questions 1 – 7 below we have assumed the question
related to the number of second opinions requested by the provider

Patients cannot request a visit by a SOAD. The MHA requires a SOAD
to be requested by the provider in very specific cases, the MHA
Code of Practice states at paragraph 24.38

‘If a SOAD certificate is required, the clinician in charge of the
treatment in question has the personal responsibility of ensuring
the request is made to the Commission for a SOAD to visit’

Further information is also in our leaflet on the website

http://www.cqc.org.uk/sites/default/file...

1] How many SOAD applications were made by patients in
incarceration at Goddington Ward, Green Parks House in 2011?

10

2] How many SOAD applications were made by patients in
incarceration in Betts Ward Green Parks House in 2011?

Less than 5

3] How many SOAD applications were made by patients in
incarceration in Green Parks House in 2011?

13

4] How many SOAD applications were made by patients in detention in
Ivy Willis House in 2011?

Less than 5

5] How many SOAD applications were made by patients in detention in
North House/House North in 2011?

Less than 5

Please note that for Questions 2, 4 and 5 we are unable to provide
exact figures due to the low numbers of patients involved. To
provide the exact figures may lead to patients being identified. It
is therefore deemed to be personal information and is exempt under
Section 40 (2) of the Freedom of Information Act.

This exemption applies in any case where disclosure of the
requested information into the public domain would be a breach of
any of the Principles of the Data Protection Act 1998. In
particular, the first Principle requires that disclosure of the
information must be fair and lawful.

The purpose of the Data Protection Act 1998 is to protect people’s
private information and to ensure that it is handled properly.

The Commission considers that it would be a breach of the
Principles of the Data Protection Act 1998 to disclose the
requested information because in the interests of fairness
the individuals in question would not expect us to share their
personal e-mail addresses with the wider public.

No public interest test is required for this exemption.

6] How many SOAD applications were unsuccessful in changing the
views of the Responsible Clinician and the patient remained in
detention and being forced to take the medication as prescribed, or
increased by the SOAD?

This is based on a misunderstanding so we cannot answer the
question. For clarity the SOAD’s role is to decide whether the
treatment plan proposed by the RC is appropriate whilst taking into
account the views of the patient and other consultees. However, as
of today# our records show that 31% of treatment plans for patients
in the above wards were changed in some way as a result of a SOAD
visit.

[first name removed] [last name removed]'S RESPONSE = thank you for
this clarification. When I spoke on 16 September 2011 by telephone
the person at the CQC did not explain that this was the case, and
that is why I phrased the questions in such manner.

7] How many SOAD applications were successful in getting the
patient released from detention altogether because the
recommendation of the SOAD was that the person was being deprived
of their liberty?

A second opinion is not intended to release a patient from
detention. It is not within the SOAD’s remit or power to arrange or
influence to discharge a patient from detention.

8] How many SOADs were employed by Care Quality Commission in 2011?
Do you have several or just one or two? What are their
qualifications for the role? Are they practising psychiatric
consultants employed in other Mental Health Trusts or local
authorities?

The appointment process for SOAD’s is under review and therefore
information is not currently available on our website. At 31
December 2011 we had 124 SOAD’s on our panel all of whom have been
a Consultant Psychiatrist for at least 5 year and registered with
the GMC and RCPsych. Some SOADS are currently practising within
services; some are retired or are port folio doctors.

[first name removed] [last name removed]'S SUPPLEMENTARY QUESTION
IN REPLY TO THE ABOVE RESPONSE:
I had read that SOADs might not be kept under the newly configured
Health and Social Care system - what is going to be the position?
Will SOADs disappear? Or, as you are reviewing the appointment
process, will SOADs continue? And can we please have a list of all
registered SOADs so that the public may see who these people are,
what their qualifications are, and who is treating the patients
because even if you state that they do not release people from
detention if their advice is to stop a person's detention and allow
that person back into the community, surely it would be a breach of
professional ethics NOT to state this on the SOAD certificate? And
therefore the SOAD most certainly MUST be involved very closely
with the FORCIBLE MEDICATION and be held accountable if the patient
dies or becomes ill in consequence.

Please clarify this - what IS the legal status and legal liability
of each and every SOAD?

9] How many requests were there for a "second" opinion of the Care
Quality Commission's SOAD?

0 as the SOAD’s decision is final and cannot be appealed

[first name removed] [last name removed]'S RESPONSE - I do not
understand this as Barbara Brook told me on 16 September 2011 that
it IS possible to have a Second SOAD if it is felt that the first
SOAD might have got it wrong. Please clarify the law on this.

10] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House in 2011?

The Commission received 1 complaint in 2011 which related to the
issues raised in parts 11 to 16

11] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, and Section 58
not being correctly applied?

As above

12] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about the
standard of infection control?

As above

13] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about broken
sanitary ware being left in situ for several days without it being
replaced?

As above

14] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about poor
catheter care?

As above

15] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about
inaccurate/false records?

As above

16] How many complaints did the Care Quality Commission receive
about Goddington Ward, Green Parks House, in 2011, about bullying
of patients' relatives by staff?

As above

17] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate Section 2 process and procedures by the
AMHP for people entering Oxleas?

The Commission received 1 complaint about Oxleas Trust in 2011
which did not relate to the issues raised in parts 17 to 22.

18] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate Section 3 process and procedures by the
AMHP for people entering Oxleas?

As above

19] In 2011, how many complaints did the Care Quality Commission
receive about any maliciousness of the Sectioning at Oxleas?

As above

20] In 2011, how many complaints did the Care Quality Commission
receive about inaccuracies in the data held on the patients and
their families at Oxleas?

As above

21] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate reports with hearsay rather than provable
data at Oxleas?

As above

22] In 2011, how many complaints did the Care Quality Commission
receive about inaccurate 132 Sections where it was stated that the
Nearest Relative had been displaced but in fact that was untrue,
but has been lodged nonetheless with the patient's signature and
filed at the MHA office of Oxleas?

As above

I wish to know specifically what the CQC found in Oxleas in 2011
because it is very important for the protection of health of the
patients, staff and visitors and family and friends of the
patients, that ALL Mental Health legislation - being both the MHA
1983/2007 AND Mental Capacity Act 2005 is implemented fairly,
without bias, and proportionately, and so should the Mental Health
Commissioner from the CQC be challenged to provide evidence that
this has been done for EACH INDIVIDUAL in incarceration at Green
Parks House where I note that no fewer than 3 visits by the
Commissioner had been made in the last 12/13 months.

We do not hold this information. MHA Commissioners are not required
to check the records or meet with every patient within a provider
in any given period, neither are they responsible for monitoring
the use of the Mental Capacity Act.

[first name removed] [last name removed]'S SUPPLEMENTARY QUESTION:
Will the revamped CQC be responsible in future for the Mental
Capacity Act and to ensure that every patient DOES indeed meet the
MHA Commissioner and that EVERY patient should be entitled to have
their RECORDS as of right so that these records can keep a watching
brief on people who are detained.

I am extremely concerned about the widespread use of Clozaril in
Oxleas.

And am campaigning for proper national review of Clozaril as there
was a case of Right Atrial Englargement at Oxleas and they have
refused to answer me on it, calling me vexatious.

Well, I will keep complaining and keep campaigning for justice,
liberty and truth.

I would be very grateful to have an Internal Review of the Freedom
of Information Request as it has raised particular concerns which I
believe need to be answered with regard to the original questions I
asked.

Thank you very much for your help

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform of all Mental Health legislation,
liberty, truth and justice

Link to this

From: Richardson, Simon
Care Quality Commission

12 March 2012


Attachment 20120312 SOAD Background Pack.doc
549K Download View as HTML

Attachment 20120307 Mrs last name removed requests.xls
118K Download View as HTML

Attachment 20120312 last name removed IA response.doc
194K Download View as HTML

Attachment 20120312 List of SOADs.doc
28K Download View as HTML


Dear Mrs [last name removed]
 
Please find attached, the findings of my internal review into your FOIA
requests to CQC. The letter also contains a response to your latest
request for information.
 
Kind regards
 
Simon
 
Simon Richardson
Information Rights Manager
Legal Services & Information Rights
Care Quality Commission
 

The Care Quality Commission is the independent regulator of all health and
adult social care in England. [1]www.cqc.org.uk. For general enquiries,
telephone the National Contact Centre: 03000 616161.

Statutory requests for information made pursuant to access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to: [2][CQC request email]
 

The contents of this email and any attachments are confidential to the
intended recipient. They may not be disclosed to or used by or copied in
any way by anyone other than the intended recipient. If this email is
received in error, please notify us immediately by clicking "Reply" and
delete the email. Please note that neither the Care Quality Commission nor
the sender
accepts any responsibility for viruses and it is your responsibility to
scan or otherwise check this email and any attachments.

Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of the
Care Quality Commission.

References

Visible links
1. http://www.cqc.org.uk/
http://www.cqc.org.uk/
2. blocked::mailto:[CQC request email]
file:///tmp/blocked::mailto:[CQC request email]

Link to this

From: name removed 23 Oct 2012 (Account suspended)

11 April 2012

11 April 2012

Dear Care Quality Commission, Mr Farage MEP,

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

I am writing to request an internal review of Care Quality
Commission's handling of my FOI request 'Queries about Oxleas
refusing to answer my FOI Requests'.

By e-mail

12 March 2012

Mrs [first name removed] [last name removed]

Dear Mrs [last name removed]

Re: Freedom of information Act 2000. Requests ref: CQC IAT 2012
0018, CQC IAT 2012 0071, CQC IAT 2012 0072, CQC IAT 2012 0073, CQC
IAT 2012 0074, CQC IAT 2012 0075, CQC IAT 2012 0113

I write regarding the above requests for information – relating to
CQC and Oxleas Mental Health NHS Foundation Trust – made using the
What Do They Know website.

You made request CQC IAT 2012 0018 on 9 January 2012. We responded
to that request on 23 January, and you requested an internal review
on the same date.

The other requests were made between 21 and 27 January 2012. CQC
responded between 16 and 23 February. You requested Internal
Reviews between 17 February and 4 March.

On 5 March, we received a further email from you containing more
requests for information (CQC IAT 2012 0268). This letter is also a
formal refusal notice in relation to that request.

I attach a spreadsheet showing a breakdown of these requests. As
you will see, I have broken these down into 194 separate requests
for information, although some of these contain multiple
‘sub-requests’ which could have been further broken down.

From reviewing the What Do They Know website, I am also aware that
Oxleas Mental Health NHS Foundation Trust (which I will henceforth
refer to as ‘the Trust’) have refused a number of your requests for
information, on the basis that they consider the combined volume,
complexity and number of those requests, along with the obsessive
nature of them (in that they contain a “complex mixture of
accusations and complaints”) rendered them vexatious, as defined
under section 14 of the Freedom of Information Act 2000 (FOIA).

-2-

You have stated on several occasions that you have requested
information from CQC because that information has not been
forthcoming from the Trust, for example in your e-mail of 23
January 2012 -
http://www.whatdotheyknow.com/request/qu...

You have also stated that CQC is a “partner” of the Trust,
providing “a seamless service”. This is not the case.

CQC is the regulator of health and adult social services in
England. Regulations under the Health and Social Care Act 2008 set
out a range of ‘regulated activities’ which cover most forms of
health and social care provision. Any person or organisation that
wishes to carry out any of these activities is required to register
with CQC.

It is CQC’s role to assess whether these persons and organisations
should be registered, and then to inspect registered services to
assess whether they are complying with the Health and Social Care
Act 2008 (Regulated Activities) Regulations 2010. These regulations
set out a range of essential standards of quality and safety that
care providers must meet.

CQC has a number of powers – powers of entry and inspection, to
require information, powers of enforcement etc – which we may use
in the exercise of our functions.

However, it is not CQC’s role to manage these services.

We routinely collect and analyse a range of information about
services that we regulate. Some of that information comes from the
services themselves, but much of it comes from other bodies and
organisations, and – very importantly – from people who use those
services.

We use this information, on an ongoing basis, to identify areas of
risk and to spot issues that may prompt us to inspect a service.
When we carry out an inspection (either in response to concerns or
as a routine check) we have powers to look at or obtain whatever
information we consider necessary in order to establish whether
regulations are being complied with.

The majority of items of information that you have requested are
things that CQC does not routinely collect from providers and which
it is unlikely that we would require in order to assess regulatory
compliance.

CQC’s powers do not allow us to obtain information that we do not
need, and it would be counter-productive for CQC to hold
significant amounts of the type of detailed information that you
are seeking for each service that we regulate (if we did, we’d hold
more information than we could reasonably process and we wouldn’t
be ‘able to see the wood for the trees’).
-3-

As such, we simply do not have most of the information that you
have asked us for.

FOIA does not require CQC to obtain information that we do not
already hold in order to answer your questions and, as explained
above, we would have no powers to do so unless we assessed that it
was necessary and expedient for us to have that information for the
purpose of exercising our own functions.

Having responded to your first request (CQC IAT 2012 0018), on 23
January we received a series of new requests from you over the next
few days. Some of these requests were subsequently amended and
several of our responses prompted further requests.

I have reviewed our handling of your requests. The attached
spreadsheet details the internal review findings for each of your
requests, but I will provide a summary of my findings here:

Information provided by CQC

In most other cases, where CQC have provided you with information,
I am satisfied that we have provided adequate responses that fully
meet the scope of the requests that you made.

Information not held by CQC

Where our initial response was that CQC do not hold the requested
information, I am satisfied on the balance of probability that CQC
do not hold those items of information. By this I mean that it is
extremely unlikely that CQC will hold the information that you have
requested, but that a full search to establish this beyond doubt
would significantly exceed the cost limits of FOIA.

In one case, CQC stated that we do not hold information relating to
“How many Mental Health Tribunals has the Care Quality Commission
commissioned for patients at Oxleas in 2011?” (CQC IAT 2012 0018).
CQC does not commission Mental Health Tribunals for patients;
therefore the response to this question should have been 0.

Questions that are not FOIA requests

A number of your requests were refused on the basis that they were
not valid requests under FOIA.

Section 1 of FOIA refers to ‘any person making a request for
information to a public body’ and gives them a right to be informed
whether the public authority ‘holds information of the description
specified’ and, if so, ‘to have that information communicated to
him’.

-4-

From this, CQC’s view is that the right relates to requests for
recorded information which it is reasonably possible that the
public authority may already hold at the time of the request. As
such, asking CQC to provide an opinion or to comment on a
particular point would not fall within the scope of the Act.

In 3 cases, I have agreed with the original assessment that your
questions were not valid FOIA requests. They are:

“Should a patient sectioned at Eastertime to be expected to wait
almost 3/4 year for a Mental Health Review Tribunal to happen in
2012 when it should happen after 6 months?” (CQC IAT 2012 0018) as
it appears to me that you are asking for CQC’s opinion on a delay
in the Mental Health Review Tribunal Process.

“I believe that it is necessary for a public moratorium be made to
protect everyone - and public safeguarding is the remit of Care
Quality Commission so what is your input into this?” (CQC IAT 2012
0073) as it appears to me that you are asking how CQC may input
into a ‘public moratorium’ that you are proposing. It is not
reasonable to suppose that CQC would hold recorded information that
may fall within the scope of this request.

“How are patients being fully protected by the Care Quality
Commission's policies of safeguarding?” (CQC IAT 2012 0073) as you
appear to be asking us to give an opinion or comment as to the
effectiveness of our policies, rather than asking for specific,
recorded information.

However, I have identified a number of questions that we stated
were not FOIA requests, but which actually should have been
responded to as such. I apologise for this error. They all fall
under CQC IAT 2012 0073 and are:

“What is the law regarding a person not being formally detained
under Section 2?”

This request should have been refused under section 21, on the
basis that the requested information is reasonably available to you
by other means. The Mental Health Act 1983 is available at
http://www.legislation.gov.uk/ukpga/1983...

“Does the person have the RIGHT to refuse admittance into a mental
health facility, even if a medical recommendation has been made by
both a Section 12 Doctor and a relevant clinician but no Section
been applied?”

“Is the person legally entitled to refuse to go into detention
UNTIL the Section 2 of the Mental Health Act 1983/2007 or Section 3
of the Mental Health Act 1983/2007 is registered and therefore
legally binding?”
-5-

“For if a person can be in a pre-admission suite, and not formally
sectioned, is it not legally possible for the person to claim
abduction if forcibly/coerced/removed to a mental health facility?”

“Is it not the law that a Section 135 has to be produced to remove
someone from their residence or private property?”

“Or a Section 136 has to be produced to remove someone from a
public place such as a hospital?”

“And if so, this has to be applied for? Do both have to be done
through Magistrates? Or can an AHMP made an affidavit? What
precisely is the legal requirement in England?”

In each case, the relevant legislation is publicly available (as
described above) and, as such, exempt under section 21 of FOIA. It
is also reasonably possible that CQC may have held legal advice or
guidance on these particular questions. I have established that we
do not hold such advice. As such CQC’s response should have been
that the requested advice was not held by CQC.

It would not be appropriate for CQC to provide you with legal
advice on these matters as such we will not express an opinion on
the questions you raise.

Inadequate responses

In some other cases, I have found that CQC’s responses were
inadequate or incorrect. They are:

“I would like to know what the Levels of Untoward Incident actually
are. Is this a nationally accepted term so that anyone working in
the NHS will automatically understand what is being said rather
like having GMT rather than local time?”

We advised you to refer this question to the Department of Health
but, in doing so, we failed to comply with FOIA section 1(1)(a) in
that we did not advise you that we do not hold the requested
information.

I would refer you to the National framework for reporting and
learning from serious incidents requiring investigation, which is
published by the National Patient Safety Agency:
http://www.nrls.npsa.nhs.uk/resources/?e...

-6-

“Does the Care Quality Commission regulate all healthcare and
social care in England?”

CQC’s response was that we are the independent regulator for all
health and social care services in England. However, this is not
completely accurate. Services which provide 'regulated activities'
in England must register with and be regulated by CQC. Some health
and social care services are ‘regulated activities’ are not covered
– for example, children's social care, sheltered housing, and some
forms of cosmetic surgery are not regulated by CQC.

On 27 January, you asked:

“What of the HSE? Does that verify that everything is all right?”
(CQC IAT 2012 0113)

I have not been able to find any response to this question. I
consider that CQC’s response should have been to advise you that
information about the role of the Health and Safety Executive is
available at http://www.hse.gov.uk/ (and therefore exempt under
section 21). This response should have been provided by 24
February, therefore CQC has breached section 10 of FOIA (time for
compliance with a request).

I apologise for these errors.

Outstanding requests for information

There are still a number of requests for information for which CQC
has not yet provided responses.

I will address these requests here. Firstly, the following
requests:

Req Ref sub-ref Request request date
0018 15 You have chosen to give me information [on risk assessment
of Oxleas] only pertaining to the second half of 2011. Therefore
may I request the full details you have on record for the last 10
years at Oxleas, quarter by quarter or half-yearly or annually
23/01/12

0018 16 Of the complaints received in this period 2011-2012
inclusive about Green Parks House, how many complaints were about
an individual ward - (a) Goddington Ward; how many were about (b)
Betts Ward? 23/01/12

0018 17 How many complaints have you received, if any, about
individual members of staff working at Oxleas, as opposed to Oxleas
Trust itself in 2011? 23/01/12

-7-

0018 18 I wish to know how many of the 68 sets of detained
patients’ records were a] inaccurate b] had demonstrably false
information where for example a patient is recorded in a level 2
observation and signed by one person as being in a bed area whereas
for precisely the same time another person has signed that the same
person is on leave. This means it is a fire safety hazard if it
occurs. What complaints, if any, have you had about such an issue -
if any? c] have all complaints been answered by the CQC about
complaints about record-keeping, if any complaints have been made
about Oxleas and their staff's record-keeping? If so, what has CQC
done to remedy any perceived shortcomings in record-keeping, if any
exist? 23/01/12

0018 19 But how many SOADs actually went to Oxleas as opposed to
speaking over the telephone or communicating by fax? 23/01/12

0018 20 How many SOADs actually had the patient's OWN VIEWS NOT
RECORDED in the reports given to CQC by the SOADs that CQC
appointed? I believe that CQC indicate that it is best practice on
the SOAD form to gain a document of the patient showing what the
patient him or herself thinks about the sectioning and medication
and treatment. 23/01/12

0018 21 I ask how many SOAD applications comply with "best
practice" and include the known expressed wishes of the patient at
the 3 month timeline? 23/01/12

0018 22 And how many of the Section 58 deadlines were missed by
both Oxleas and the Care Quality Commission who have their own
dedicated commissioner attached to Oxleas? 23/01/12

0018 23 How many SOADs went to Green Parks House, and specifically,
how many SOADs went to Goddington Ward, Green Parks House from 1
January 2011 to January 2012 inclusive? 23/01/12

0018 24 How many SOADs went to Oaktree Lodge from 1 January 2011 to
January 2012 inclusive ? 23/01/12

0018 25 How many SOADs went to Ivy Willis House from 1 January 2011
to January 2012 inclusive? 23/01/12

0071 26 What safeguards will there be for the PUBLIC to have a
proper say so as to enforce accountability and transparency rather
than any service being able to claim that they do not have to give
access to information under FOIAct 2000 because they are PRIVATE
concerns? So will this new Health and Social Care service cover ALL
facilities or just public ones? And will the complaints procedures
cover only the public facilities or will it include the private
facilities too? 21/02/12

0071 27 Goddington Ward need 10 SOAD referrals whereas North House,
Ivy Willis House and Betts Ward needed less than 5 SOAD referrals
as per your response? What was it about GODDINGTON Ward that
necessitated so many SOAD reviews if the Responsible Clinician was
getting it "right"? 21/02/12

0113 23 If a person is a "working age adult" why did CQC permit a
person to be sent to a facility whose Statement of Purpose is not
for people UNDER 55? 25/02/12

0268 1 In 2011 -* as far as can be obtained - how many patients did
the Mental Health Review Tribunal release from captivity/detention
from Goddington Ward, Green Parks House, Oxleas NHS Foundation
Trust? 05/03/12

0268 2 In 2010 -* as far as can be obtained - how many patients did
the Mental Health Review Tribunal release from captivity/detention
from Goddington Ward, Green Parks House, Oxleas NHS Foundation
Trust? 05/03/12

-8-

0268 3 In 2009 - * as far as can be obtained - after the
reconfigured Act was enforced, how many patients did the Mental
Health Review Tribunal release from captivity/detention from
Goddington Ward, Green Parks House, Oxleas NHS Foundation Trust?
05/03/12

0268 4 In 2012 - * as far as can be obtained - how many patients
have been released this year by the Mental Health Review Tribunal
from captivity/detention from Goddington Ward, Green Parks House,
Oxleas NHS Foundation Trust? 05/03/12

0268 5 In 2011 -* as far as can be obtained - how many patients did
the Mental Health Review Tribunal refuse to allow the release from
captivity/detention from Goddington Ward, Green Parks House, Oxleas
NHS Foundation Trust? 05/03/12

0268 6 In 2010 -* as far as can be obtained - how many patients did
the Mental Health Review Tribunal refuse to allow the release from
captivity/detention from Goddington Ward, Green Parks House, Oxleas
NHS Foundation Trust? 05/03/12

0268 7 In 2009 - * as far as can be obtained - after the
reconfigured Act was enforced, how many patients did the Mental
Health Review Tribunal refuse to allow the release from
captivity/detention from Goddington Ward, Green Parks House, Oxleas
NHS Foundation Trust? 05/03/12

0268 8 In 2012 - * as far as can be obtained - how many patients
did the Mental Health Review Tribunal refuse to allow the release
from captivity/detention from Goddington Ward, Green Parks House,
Oxleas NHS Foundation Trust? 05/03/12

0268 9 In 2011 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007]? b] Section 3 of the Mental Health Act
1983[2007]? 05/03/12

0268 10 In 2010 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007]? b] Section 3 of the Mental Health Act
1983[2007]? 05/03/12

0268 11 In 2009 -* as far as can be obtained - after the
reconfigured Act was enforced, how many patients were held in
captivity/detention on Goddington Ward, Green Parks House, Oxleas
NHS Foundation Trust on a] Section 2 of the Mental Health Act
1983[2007]? b] Section 3 of the Mental Health Act 1983[2007]?
05/03/12

0268 12 In 2012 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007]? b] Section 3 of the Mental Health Act
1983[2007]? 05/03/12

0268 13 In 2011 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007] and had a Mental Health Review Tribunal? b]
Section 3 of the Mental Health Act 1983[2007] and had a Mental
Health Review Tribunal? 05/03/12

0268 14 In 2010 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007] and had a Mental Health Review Tribunal? b]
Section 3 of the Mental Health Act 1983[2007] and had a Mental
Health Review Tribunal? 05/03/12

-9-

0268 15 In 2009 -* as far as can be obtained - after the
reconfigured Act was enforced, how many patients were held in
captivity/detention on Goddington Ward, Green Parks House, Oxleas
NHS Foundation Trust on a] Section 2 of the Mental Health Act
1983[2007] and had a Mental Health Review Tribunal? b] Section 3 of
the Mental Health Act 1983[2007] and had a Mental Health Review
Tribunal? 05/03/12

0268 16 In 2012 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007] and had a Mental Health Review Tribunal? b]
Section 3 of the Mental Health Act 1983[2007] and had a Mental
Health Review Tribunal? 05/03/12

0268 17 In 2011 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007] and had a Mental Health Review Tribunal
withdrawn/not heard/cancelled? b] Section 3 of the Mental Health
Act 1983[2007] and had a Mental Health Review Tribunal
withdrawn/not heard/cancelled? 05/03/12

0268 18 In 2010 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007] and had a Mental Health Review Tribunal
withdrawn/not heard/cancelled? b] Section 3 of the Mental Health
Act 1983[2007] and had a Mental Health Review Tribunal
withdrawn/not heard/cancelled? 05/03/12

0268 19 In 2009 -* as far as can be obtained - after the
reconfigured Act was enforced - how many patients were held in
captivity/detention on Goddington Ward, Green Parks House, Oxleas
NHS Foundation Trust on a] Section 2 of the Mental Health Act
1983[2007] and had a Mental Health Review Tribunal withdrawn/not
heard/cancelled? b] Section 3 of the Mental Health Act 1983[2007]
and had a Mental Health Review Tribunal withdrawn/not
heard/cancelled? 05/03/12

0268 20 In 2012 -* as far as can be obtained - how many patients
were held in captivity/detention on Goddington Ward, Green Parks
House, Oxleas NHS Foundation Trust on a] Section 2 of the Mental
Health Act 1983[2007] and had a Mental Health Review Tribunal
withdrawn/not heard/cancelled? b] Section 3 of the Mental Health
Act 1983[2007] and had a Mental Health Review Tribunal
withdrawn/not heard/cancelled? 05/03/12

0268 21 In 2011 -* as far as can be obtained - how many patients
held in captivity/detention under Section 2/3 of the MHA 1983[2007]
were found by the Mental Health Review Tribunal to have been
falsely imprisoned/held in detention by dint of non-compliance with
a] Section 132 b] Section 58 c] Sections 61/62 05/03/12

0268 22 In 2010 -* as far as can be obtained - how many patients
held in captivity/detention under Section 2/3 of the MHA 1983[2007]
were found by the Mental Health Review Tribunal to have been
falsely imprisoned/held in detention by dint of non-compliance with
a] Section 132 b] Section 58 c] Sections 61/62 05/03/12

0268 23 In 2009 -* as far as can be obtained - after the
reconfigured Act was enforced - how many patients held in
captivity/detention under Section 2/3 of the MHA 1983[2007] were
found by the Mental Health Review Tribunal to have been falsely
imprisoned/held in detention by dint of non-compliance with a]
Section 132 b] Section 58 c] Sections 61/62 05/03/12

-10-

0268 24 In 2012 -* as far as can be obtained - how many patients
held in captivity/detention under Section 2/3 of the MHA 1983[2007]
were found by the Mental Health Review Tribunal to have been
falsely imprisoned/held in detention by dint of non-compliance with
a] Section 132 b] Section 58 c] Sections 61/62 05/03/12

0268 25 What action, if any, has HMCTS/Secretary of State taken in
respect of enforcement of the Mental Health Act 1983[2007] at
Goddington Ward, Green Parks House, Oxleas since the enforcement of
the reconfigured Act in 2009 to the present day, 5 March 2012?
05/03/12

0268 26 What official notice, if any, has HMCTS/Secretary of State
given in respect of enforcement of the Mental Health Act 1983[2007]
at Goddington Ward, Green Parks House, Oxleas since the enforcement
of the reconfigured Act in 2009 to the present day, 5 March 2012?
05/03/12

0268 27 What sanctions, if any, has HMCTS/Secretary of State made
in respect of enforcement of the Mental Health Act 1983[2007] at
Goddington Ward, Green Parks House, Oxleas since the enforcement of
the reconfigured Act in 2009 to the present day, 5 March 2012
05/03/12

0268 28 How many UNSAFE detentions under the MHA1983[2007] have
there been found to have been made at Green Parks House by any
Approved Mental Health Professional - AMHP - employed by London
Borough of Bromley since the reconfigured Act was enforce in 2009
to the present day, 5 March 2012? 05/03/12

0268 29 How many ILLEGAL detentions under the MHA1983[2007] have
there been found to have been made at Green Parks House by any
Approved Mental Health Professional - AMHP - employed by London
Borough of Bromley since the reconfigured Act was enforce in 2009
to the present day, 5 March 2012? 05/03/12

0268 30 How many CONTESTED detentions under the MHA1983[2007] have
there been found to have been made at Green Parks House by any
Approved Mental Health Professional - AMHP - employed by London
Borough of Bromley since the reconfigured Act was enforce in 2009
to the present day, 5 March 2012? 05/03/12

CQC considers that these requests are vexatious and, as such, we
are refusing to provide responses – in accordance with section 14
of FOIA.

I would hasten to add that we are not claiming that it is your
intention, in making these requests, to be vexatious. Rather that
the effect of the requests is vexatious.

The ICO’s guidance, ‘When can a request be considered vexatious or
repeated?’ is available at
http://www.ico.gov.uk/for_organisations/...

It is our view that the record of your requests, publicly available
at www.whatdotheyknow.com provides a history and context of
requests regarding Oxleas Mental Health NHS Foundation Trust which
clearly appears to be obsessive in nature.

-11-

It is clear that you are unhappy with the actions of the Trust, and
we consider that these issues should be addressed using the
appropriate complaints processes, rather than as FOIA requests.

We note that the Trust have already concluded that your requests
for information are vexatious, and have refused further requests on
this basis. This decision appears to have prompted you to start
making your requests for information about the Trust to CQC (and
other organisations) instead.

A more productive approach may have been for you to make a
complaint about the Trust’s decision – to refuse to respond to your
FOIA requests – to the ICO.

The number and complexity of your requests – along with the way in
which new requests for information are included in responses to
CQC’s responses – makes handling your requests difficult and time
consuming. They have placed a significant burden upon CQC.

As I have previously explained, it is highly unlikely that CQC will
hold much of the information that you are seeking. For this reason,
there has been little serious value in most of the requests that
you have made – and continue to make – to CQC.

As such, CQC are refusing the above requests under section 14 of
the Act, and on the same basis we will refuse to respond to any
future requests that:

- Relate to detailed management information regarding the Trust.
For example, the numbers of patients with a particular diagnosis,
or who received a particular treatment.

- Are for details of SOAD involvement with patients detained at the
Trust.

- Ask about findings, in relation to the Trust, made by
organisations other than CQC.

- Would require significant searches of records – particularly
patient records – relating to the Trust.
- Are seeking, in whole or in part, CQC’s

opinion on the Trust, best practice, government policy, or the law.
Or

- Otherwise seem to CQC to be part of an obsessive course of action
or campaign in relation to the Trust.

-12-

I consider that there are 2 remaining requests, relating to the
activities of CQC, that are not vexatious. They are:

“I had read that SOADs might not be kept under the newly configured
Health and Social Care system - what is going to be the position?
Will SOADs disappear? Or, as you are reviewing the appointment
process, will SOADs continue? And can we please have a list of all
registered SOADs so that the public may see who these people are,
what their qualifications are, and who is treating the patients?
Please clarify this - what IS the legal status and legal liability
of each and every SOAD?” (CQC IAT 2012 0071)

CQC is not aware of any proposal to abolish or significantly change
the SOAD system, although there is current consideration regarding
the recruitment of SOADs so as to ensure that all SOADs meet the
ongoing requirements of the role.

I attach a list of the SOADs currently used by CQC, along with a
document ‘Recruitment information for second opinion appointed
doctors’ which includes details of the qualifications required for
the role. The legal responsibilities and requirements of the role
are covered by the Mental Health Act 1983 (as amended) and
therefore exempt under section 21 of FOIA.

“Will the revamped CQC be responsible in future for the Mental
Capacity Act and to ensure that every patient DOES indeed meet the
MHA Commissioner and that EVERY patient should be entitled to have
their RECORDS as of right so that these records can keep a watching
brief on people who are detained.” (CQC IAT 2012 0071)

The latest version of the current Health and Social Care Bill
(which will amend the functions of CQC) is available at
http://www.publications.parliament.uk/pa...
(and is therefore exempt under section 21). It contains no changes
of the type you describe.

I hope that this response has been helpful to you. If you are still
not satisfied that CQC have complied with the requirements of FOIA
in responding to your requests, you have a right to seek a decision
from the Information Commissioner’s Office (ICO). Details of your
rights and of how to contact the ICO are available at
www.ico.gov.uk

-13-

I am sorry that we cannot provide you with more assistance. As
described above, CQC are simply not the right organisation to
assist you, in that we are unlikely to hold much of the information
that you are seeking. You may also wish to consider whether FOIA is
the most appropriate route for you to address your concerns.

Yours sincerely

Simon Richardson
Information Rights Manager

I take strong exception to my FOI Requests being called
"vexatious".

On an almost daily basis there is some NEW scandal about "care
quality" in the UK. The "Care Quality" Commission is the regulator
in England of much of the social care and health provision - with
some notable exceptions - and yet when I ask about the very "care
quality" of Oxleas and South London Healthcare NHS Trust then I am
hauled over the coals like a naughty schoolchild.

Why?

What is it about care provision and healthcare provision in the
United Kingdom that has provoked the Government to seek a radical
revision of health and social care in the whole of the country, and
to impose a new NHS altogether, abolishing many of the existing
structures and questioning the very being of quangos and
quangocrats?

Yet it is I who am being painted as someone who is making
"vexatious" FOI Requests.

Mr Starmer, Director of Public Prosecutions, Crown Prosecution
Service/HMRC, has referred to the need for openness and the need
for information to be made as publicly available as possible. I so
agree.

And so does Mr Maude who has made clear the intention to share
information so that information can be shared not just to a
recipient of FOI but also can be disseminated.

Again essential.

Thus, I wish to request a re-review of my entire requests to the
Care Quality Commission and this time to give me comprehensive
answers even though the CQC has refused to give me the answers
because of their claim that it is vexatious.

It is not vexatious.

In the newspapers of 10 April 2011 it was claimed that there had
been infestations of various NHS facilities but that this had only
been brought to light because of Freedom of Information Requests.

But when I make them, I am told my requests are vexatious.

This is double standards.

I wish the Care Quality Commission to investigate Green Parks and
Betts Ward. There was a report of a patient claiming that a
hampster like creature had been seen. This was about 10/11 April
2011.

Did Oxleas have any rodent control?

What sanitation was in place at Oxleas?

Why did Oxleas not answer my FOI Request about sanitation and
hygiene control?

Why did Oxleas have a catheter attached to a zimmer frame rather
than to the leg of the patient as the lead nurse was horrified and
explained that this could cause damage to the urethra and that
because the tubing was closer to the floor could pick up more
bacteria and germs than if it were attached to the leg of the
patient.

Why has the Care Commissioner not investigated these issues?

Please take this as a formal complaint about the Care Quality
Commission not investigating my concerns raised about Oxleas.

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

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform, liberty, truth and justice

Link to this

From: Information Access
Care Quality Commission

11 April 2012

Dear Mrs [last name removed]

I can confirm that CQC are currently conducting an internal review regarding our decision to refuse a number of your requests on the grounds of vexatiousness (under section 14 of FOIA). We anticipate providing the findings of that review by 20 April 2012.

CQC will not 're-review' our decisions in relation to your other FOIA requests. If you remain unhappy with those decisions under FOIA then you have a right of appeal to the Information Commissioner's Office.

The FOIA Internal Review process will only consider issues directly related to our handling of your requests for information under FOIA. It cannot be used to further issues that relate to other complaints that you have made to CQC or to challenge the actions of CQC in how we responded to information that you have previously provided. If you are unhappy about how CQC has handled your complaints then details of how to progress this can be found at http://www.cqc.org.uk/contact-us

Pending the outcome of the Internal Review of CQC's use of the s14 exemption, CQC will not respond to your additional questions relating to Oxleas Trust.

Regards

Simon

Simon Richardson
Information Rights Manager
Legal Services & Information Rights
Care Quality Commission

The Care Quality Commission is the independent regulator of all health and adult social care in England. www.cqc.org.uk. For general enquiries, telephone the National Contact Centre: 03000 616161.

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [CQC request email]

show quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

11 April 2012

11 April 2012

Dear Chief Executive Care Quality Commission, Mr Farage MEP, Mr
Turner MP for the Isle of Wight,
Mr Lansley Secretary of State for Health, Information Commissioner,

I am writing to make formal complaint about the Care Quality
Commission's behaviour in regards my complaints to them about
certain NHS and social care facilities.

Why is it that Ms Brooks wrote to me, as proved in the redacted
emails I made reference to a few hours ago to the Care Quality
Commission, but she has never responded to my complaints and
concerns AFTER our hour-long telephone conversation in
mid-September?

This must be on record. Where is it please? I wish to have it sent
to my home address or emails address - both of which you have. Just
as the 20-minute telephone meeting Barbara Brooks and I had on 4
May 2011 which I also wish to have.

What I cannot understand is that there seems to have been a
"watershed" moment between May 4 2011, mid-September 2011 and 3
October 2011.

What was it?

Please explain.

There needs to be transparency in public life.

The Care Quality Commission has made this opaque by obfuscating the
truth in these matters.

In all good faith I responded to Barbara Brooks's suggestion that I
send her my concerns by email which included many of the emails I
had sent already to the Care Quality Commission but which had
received short shrift in a rebuttal of 15 September 2011 basically
saying everything was all right.

But everything was NOT all right.

And Barbara Brooks explained to me that the 3 months for the SOAD
and Section 58 starts from the FIRST day of sectioning under
Section 2 of the Mental Health Act 1983/2007, and NOT from the
first day of Section 3.

This therefore means, I aver, that the patient to whom I was
Nearest Relative, initially, and am still Next of Kin, was
illegally held in Oxleas because no SOAD came within the 3 month
period of detention.

I had not realised this, and it was Barbara Brooks who explained
this to me.

So in effect Barbara Brooks "blew the whistle" on Oxleas.

And this is WHY I am so concerned that I now find out that Barbara
Brooks according to my "out of office response" of February 2012 is
no longer answering and that another person in her place is
answering.

Is Ms Brooks no longer employed by the Care Quality Commission? Is
this the reason why I have not had ANY response at all?

But it cannot be that surely, as I have made several enquiries with
the Care Quality Commission since then, and asked for the responses
as promised.

I am not happy with the way our society is at present, we need more
transparency and less secrecy, in order to protect our fragile
democracy and freedoms, I aver. Human Rights legislation must
protect all our rights.

Thank you very much for your help,

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform, liberty, truth and justice

Link to this

From: Information Access
Care Quality Commission

11 April 2012

Dear Mrs [last name removed]

CQC will not enter into discussion regarding your complaints on the What Do They Know website as they do not relate to the handling of requests for information under FOIA.

If you are unhappy about how CQC has handled your complaints then details of how to progress this can be found at http://www.cqc.org.uk/contact-us

Simon

Simon Richardson
Information Rights Manager
Legal Services & Information Rights
Care Quality Commission

The Care Quality Commission is the independent regulator of all health and adult social care in England. www.cqc.org.uk. For general enquiries, telephone the National Contact Centre: 03000 616161.

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [CQC request email]

show quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

11 April 2012

11 April 2012

Dear Ms Bower CEO Care Quality Commission,
Mr Farage MEP,
Mr Turner MP for the Isle of Wight,
Mr Lansley Secretary of State for Health,

According to the news articles in recent weeks, Ms Bower resigned
as CEO of the Care Quality Commission.

At about the same time a report was published about the Care
Quality Commission.

http://mediacentre.dh.gov.uk/2012/02/23/...

I would like to know precisely what the connection of these two
events is please.

Why did Ms Bowers resign? What documentation shows the reasons
behind her decision to resign? Are they publicly available? If not,
please produce them via whatdotheyknow website here.

Thank you very much for your help,

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform, liberty, truth and justice

Link to this

From: Information Access
Care Quality Commission

12 April 2012

This matter is being dealt with by: Sylvia Blakeley, Telephone No: 0191
2333617

 

Dear Ms [last name removed]

 

I am writing to acknowledge receipt of your request for information dated
11 April 2012, which the Commission received on 11 April 2012. Your
request for information is as follows: -

 

According to the news articles in recent weeks, Ms Bower resigned as CEO
of the Care Quality Commission.

 At about the same time a report was published about the Care Quality
Commission.

http://mediacentre.dh.gov.uk/2012/02/23/...

I would like to know precisely what the connection of these two events is
please. Why did Ms Bowers resign? What documentation shows the reasons
behind her decision to resign? Are they publicly available? If not, please
produce them via whatdotheyknow website here.

 

Your request is now being processed in accordance with the Freedom of
Information Act 2000. Your response should be sent to you within the
statutory timescale of 20 working days as outlined by the Act, subject to
the information not meeting exemption criteria or containing reference to
a third party. Should this occur, you will be notified accordingly when we
write to you next.

 

You can therefore expect a response by close of business 10 May 2012
respectively. In certain circumstances the Care Quality Commission may be
unable to provide the information within statutory timescale.  We will
then inform you of the revised timescale prior to the deadline.

 

We may require further information from you in order to process your
request.  If this is the case you will be informed and the statutory
timescale will be suspended until we receive further information from you.
If you decide not to respond then your request will be closed.

 

If you have any queries please do not hesitate to contact the team, on the
telephone number above, quoting our reference number.
 
Regards
 
On behalf of:
Sylvia Blakeley
Information Access Officer
 
Care Quality Commission
Citygate
Gallowgate
Newcastle upon Tyne
NE1 4PA
 
Statutory requests for information made under access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to:  [CQC request email]
 

The contents of this email and any attachments are confidential to the
intended recipient. They may not be disclosed to or used by or copied in
any way by anyone other than the intended recipient. If this email is
received in error, please notify us immediately by clicking "Reply" and
delete the email. Please note that neither the Care Quality Commission nor
the sender
accepts any responsibility for viruses and it is your responsibility to
scan or otherwise check this email and any attachments.

Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of the
Care Quality Commission.

Link to this

From: Information Access
Care Quality Commission

10 May 2012

Dear Mrs [last name removed]

The Information Access Team has now processed your request of 11 April, relating to Cynthia Bower's resignation, and I will address each of your questions in turn:

1) I would like to know precisely what the connection of these two events is please.

We hold no data to show that there is any link between these two events.

In our press release dated 23 February 2012 Ms Bower is quoted as saying:

"I am pleased that the Department of Health Performance and Capability review, published today, recognises the scale of what has been achieved - and in particular the significant improvements made over the last nine months. I'm confident that CQC will continue to build on the progress already made, delivering increasing benefits to people who use services by shining a light on poor care - and I am proud to have played a part in this"

http://www.cqc.org.uk/media/cynthia-bowe...

2) Why did Ms Bower's resign?

Ms Bower resigned for personal reasons and the Commission does not hold any data as to her reasons for making that decision.

3) What documentation shows the reasons behind her decision to resign? Are they publicly available? If not, please produce them via whatdotheyknow website here.

We issued a press release on 23rd February 2012 relating to Ms Bower's resignation:

http://www.cqc.org.uk/media/cynthia-bowe...

Cynthia Bower said: "After almost four years leading CQC, I feel that it is now time to move on. The process of setting up an entirely new system of regulation has been intensely challenging - but we have accomplished an enormous amount. We have merged three organisations, registered 40,000 provider locations and brought virtually the entire health and social care network under one set of standards, which focus on the needs of people who use services."

Further on it quotes the Chair of the Commission:

"Jo Williams, Chair of the CQC, said: 'I am very sorry that Cynthia has decided to move on, but I understand her desire to take on new challenges.

I would like to take this opportunity to thank her for the enormous contribution she has made to the setting up and running of CQC. She has shown tireless commitment to this organisation, and she leaves it in a strong position to carry out our essential role in tackling poor care. This is confirmed by today's Performance Review from the Department of Health, which recognises CQC's "considerable achievements" in setting the essential platform from which tougher regulatory action can be taken.'"

The Commission does not hold any further data as Ms Bower's reasons for making that decision.

Further information available publicly

You can find further information about Ms Bower's resignation package on the Hansard website, following a Parliamentary Question raised by Lord Laird:

http://www.publications.parliament.uk/pa...

CQC Complaints Procedure:

I hope that you find this information of assistance. If you are not satisfied with the information that you have been provided then you may request a review of the Commission's handling of your information request. Please clearly indicate that you wish for a review of your information request and it would be helpful if you could state the reason for requesting the review.

Please be aware that this review process will focus upon our handling of your information request and should not be used to raise further concerns about the provision of care or the internal processes of other CQC functions.

If you are unhappy with other aspects of the Commission's actions, or of the actions of registered providers, please see our website for information on how to raise a concern or complaint. http://www.cqc.org.uk/contact-us

Internal Review of your Freedom of Information Request:

To request a review please contact:

Legal Services & Information Rights
Care Quality Commission
Citygate
Gallowgate
Newcastle upon Tyne
NE1 4PA

[CQC request email]

Further rights of appeal exist to the Information Commissioner's Office (www.ico.gov.uk) once the internal appeals process has been exhausted.

The contact details are: -

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone Helpline: 0303 123 1113

Information Access Team

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [CQC request email]

show quoted sections

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