Safeguarding Vulnerable People in the Reformed NHS - Clinical Commissioning Groups & CSCSU

The request was refused by NHS England.

Dear NHS England,

I have just read the NHS Commissioning Board document " Safeguarding Vulnerable People in the Reformed NHS - Accountability and Assurance Framework " first published on 21 03 2013 - then 10 days later NHS England took over responsibility and accountability for this document when they closed.

The accountability and assurance framework was commissioned by the NHS CB in order to set out clearly the responsibilities of each of the key players for Safeguarding in the future NHS , two years ago.

It states " this framework focuses on the Statutory requirements to safeguard children, the same key principles will apply in relation to arrangements to safeguard adults "
and
" it remains the responsibility of every NHS funded organisation and healthcare professional to ensure that people in vulnerable circumstances are not only safe but also receive the highest possible standard of care ".

Francis highlights " the need to end decades of complacency about poor care ".

My FOIA request is aimed towards the duties and responsibilities of NHS Wiltshire CCG , and note part of your role is to hold them to account, and ensure they have effective robust quality assurance of safeguarding arrangements.

I can see the CCG are Statutorily responsible for ensuring that the organisations from which they commission services provide a safe system that safeguards ... adults at risk of abuse or neglect . You also provide oversight and assurance of CCGs safeguarding arrangements and support CCGs in meeting their responsibilities . I can see you are expected to work closely together with CCGs and Safeguarding Adult Boards to ensure there are effective NHS Safeguarding arrangements across each LA health community whilst providing absolute claritye about the underlying Statutory responsibilities of that each CCG has for the services they commission.

I can see the NHS England close involvement in ensuring the process is fit for purpose.

I ask about NHS Wiltshire CCG :

Who is the NHS England responsible person for safeguarding within NHS Wilts CCG ?

I ask to see all of the adult safeguarding information, documents, records, inspections , compliance data and records for NHS Wiltshire CCG please between 31 03 2013 to 10 03 2015 .

Who are their designated professionals and adult safeguarding leads within NHS Wiltshire CCG - may I also see their job descriptions and contracts of employment please - which I presume you will have checked ?

Who is their designated Doctor ?

I am aware from this document of their considerable responsibilities under adult safeguarding, and indeed whistleblowing and would like to see the checks you have carried out, and be advised separately of the data and information they have supplied to NHS England themselves in respect of adult safeguarding and whistleblowing please.

Please may I see documents of how and when they have regularly reviewed their safeguarding and whistleblowing procedures ?

To assist you with providing all the information I seek under FOIA , you may find it helpful to read the document I referred to earlier.

Would you also be kind enough to please supply me with the latest Care Act and Health and Social Care Act and associated Legislation that sets down how adult safeguarding matters are expected to be dealt with NOW and within say the next two months .

As I am disabled, elderly, classed as ' an adult at risk ' , have a long term as yet untreated mental health injury I ask for a ' reasonable adjustment ' under DDA and Equality Legislation, and ask for all the ' advice and assistance ' I am entitled to under the FOIA so as to ensure I receive complete, accurate and clear responses to all the matters I have needed to enquire about.

I have made a number of FOIA requests to the NHS Wiltshire CCG in order to make some progress in getting answers, and have also made subject access requests under the data protection Act - but they will not comply with my Rights under Legislation - and are therefore subjecting me to further abuse and neglect by failing to uphold my Rights in Law.
The whatdotheyknow website shows details of the excessive and repeated delays on the part of the NHS Wiltshire CCG I am suffering.

My reasons for asking for this information :

I have studied Adult Safeguarding Legislation and Policies and am certain I am being subjected to abuse and neglect by my mental health service provider, that is commissioned by the NHS Wiltshire CCG. I have formally reported this abuse and neglect to my local authority - as have a significant number of other professionals -, I have complained to the mental health trust, and have written letters reporting my abuse and neglect to the Chair and Accountable Officer of NHS Wiltshire CCG , that have been sent by recorded delivery and certainly received by them - a long time ago.

Also the NHS CSCSU ( Newbury ) have also been formally alerted to the abuse and neglect I am suffering - many months ago in writing to a manager.

NOT ONE of these organisations has contacted me, acted on, investigated or carried out ANY of the required actions identified within the document this request is based upon, so naturally I am keen to see all the documents and information you hold regarding safeguarding within these organisations is being inspected, monitored and reported throughout the past two years within the NHS Wiltshire CCG , and indeed the NHS CSCSU at Newbury.

Maybe it will show me the whole truth for once ?

Yours faithfully,

Steven King

Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS England

Thank you for contacting the NHS England Customer Contact Centre. Our
office is currently closed. Our normal opening hours are Monday to Friday
8am to 6pm. When we reopen, we will look into your enquiry and get back to
you as soon as possible.

If you require medical advice please contact your GP, your local NHS Walk
In or Urgent Care Centre or call 111. For emergency medical attention,
please dial 999 or attend your local accident and emergency department if
you are able to do so.

There is also a wide range of helpful information available on the [1]NHS
Choices website

This is an automated message; please do not reply as your e-mail will not
be looked at.

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1. NHS Choices website
http://www.nhs.uk/

Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS England

Our reference: SDR-426717 - Acknowledgement

 

Thank you for your Freedom of Information (FOI) request dated 08 March
2015.

 

Please be assured that your request is being dealt with under the terms of
the Freedom of Information Act 2000 and will be answered within twenty
working days.

 

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 reference number
above in any future communications.

 

Yours sincerely

 

 

NHS England

PO Box 16738 | Redditch | B97 9PT

0300 3 11 22 33

[NHS England request email]

www.england.nhs.uk

 

 

 

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Dear Freedom of Information , Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS ENGLAND ,

Your ref SDR 426717

On 08 March 2015, I made a Freedom of Information request to you via the whatdotheyknow, and your acknowledgement sent the following day indicated I would receive your response by 08 April.

I have not heard from you since with any update, or reason for your delay.

It is my understanding under FOIA Legislation and guidance that authorities MUST respond PROMPTLY , and if they fail to do so should show the work you have completed so far in respect of this request, and give their reason for not supplying the information within the timescale required.
May I please ask you to give me a complete clear chronological breakdown of the progress you are making with my request - including the dates and people you have contacted and their responses to your enquiries please ?

It would be nice if you could also give me a firm date to supply the information I requested from you on 08 03 2015 please ?

Yours sincerely,

Steven King

Dear NHS England,

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

I am writing to request an internal review of NHS England's handling of my FOI request 'Safeguarding Vulnerable People in the Reformed NHS - Clinical Commissioning Groups & CSCSU'.

Your ref: SDR 426717

In order to encourage you to progress your response to my request, although you have provided no information and ignored my reminder to you, I appear to have no option other than escalating my original request hopefully to someone more responsible and accountable ?

It has been TWO MONTHS since I submitted this very important FOIA request to you, yet other than your acknowledgement no response has been provided.

Will you please carry out a full and detailed review of your handling of my request confirming the number of working days since I submitted it, how many days you are currently breached, all of your reasons for not supplying me with this information within the Legislatory timescale and full details of your intentions of how you intend to provide me with this information please.

I made this request of you as I am " an adult at risk " as I am now labelled, a vulnerable adult that wishes to receive detailed guidance on the Safeguarding processes I have asked about as I know I am suffering abuse and neglect from more than one NHS provider that is causing me considerable harm , and where it appears to me NHS and other bodies cover up this type of abuse carried out by ' partner agencies ', I was hoping to be able to rely upon you and the documents and timely advice you provided. I ask you to provide me with adequate help and assistance to stop the abuse I am still suffering, and to provide me with ALL the information you hold that I have asked about ?

Please ensure your response to this email includes ALL of my current Rights under Legislation ?

I had expected you to have provided this essential information to me without delay, and again feel very upset, anxious and stressed at being let down by such a senior NHS body.

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

Yours faithfully,

Steven King

Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS England

Thank you for contacting the NHS England Customer Contact Centre. Our
office is currently closed. Our normal opening hours are Monday to Friday
8am to 6pm. When we reopen, we will look into your enquiry and get back to
you as soon as possible.

If you require medical advice please contact your GP, your local NHS Walk
In or Urgent Care Centre or call 111. For emergency medical attention,
please dial 999 or attend your local accident and emergency department if
you are able to do so.

There is also a wide range of helpful information available on the [1]NHS
Choices website

This is an automated message; please do not reply as your e-mail will not
be looked at.

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References

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1. NHS Choices website
http://www.nhs.uk/

Dear NHS England,

SDR 426717

I complain that you are subjecting me to further abuse and neglect under adult safeguarding by failing to respond to m y requests for information in an attempt to help myself to escape from the abuse , neglect and bullying etc that I am being subjected to.

My request for information was submitted on 08 03 2015 - but I have not been kept updated nor any information provided or any action taken by yourselves that I am aware of in respect of the abuse, neglect and bullying I am being subjected to - may I please again formally report this to you today 11 05 2015 and ask you to act as Legislation and your own policies require ?

Yours faithfully,

Steven King

FOI England (NHS ENGLAND), NHS England

Dear Mr King,

Re:      Freedom of Information request (Our Ref: SDR – 426717)

 

Please accept our sincere apologies for the delay incurred with responding
to your request.

 

We are continuing to review the request and any information held in order
to provide you with a full response. We hope to provide you with this as
soon as possible. NHS England endeavours to respond as promptly as
possible to all requests it receives. However in some cases this is not
always possible. I am sorry that the response to your request is taking
longer to complete than our standard and the understandable frustration
this may be causing you.

 

We have noted your request for an internal review but can confirm we are
not able to take this forward until you have received a full response to
your original FOI request.

 

Upon receipt of our response, please advise if you wish for a review of
our handling of your request including timeliness and any other aspect of
the response once received. This will allow NHS England to be able to
undertake a complete review in light of a full response and any other
concerns you may have on the information provided, the handling of your
request and any exemption usage including any specific complaints you have
raised. This is rather than receiving a partial response at this stage.

If you wish to discuss this case any further please do not hesitate to
write to us again on the following details, including your reference
number FOI-426717.

•       Email: [1][NHS England request email]
•       Address: NHS England, PO Box 16738, REDDITCH, B97 9PT

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

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1. mailto:[NHS England request email]

Dear FOI England (NHS ENGLAND),

SDR 426717

Dear FOI ??

As it has been 44 working days since I submitted this request, I am disappointed at your delay in providing the information I need to refer to as I am starting a safeguarding process - unable to access the information ive been seeking - and WITHOUT any advocacy support that ive been asking the NHS Wiltshire CCG to provide as I need to receive support to get the services, care and treatment I SHOULD be receiving - that has been delayed for 45 months without support or help.
Where only today after ME, an elderly disabled vulnerable adult with a long term mental health injury ,needing to telephone the PALS manager who fails to ring me or update me unless I ring her and really push her along , ' educating' this PALS manager of Legislation and her duties, in the absence of correct and up to date guidance on current Legislation being given by Karen Littlewood or Emily Shepherd the officers responsible at NHS Wiltshire CCG from what she told me .

NOBODY CAN BE BOTHERED OR SEEMS TO CARE OR ACT AS THEY SHOULD !
NO WONDER SUICIDES BY VULNERABLE PEOPLE ARE INCREASING IF THIS IS WHAT HAPPENS !

Since when does a PALS consent form need to be signed BEFORE a PALS manager can raise a formal safeguarding concern or alert - and following some 6-8 months of correspondence regarding these matters with the CCG - why hasn't any consent form been requested in respect of these matters or sent to me ??

I thought it was the case that SAFEGUARDING LEGISLATION and Policies overrode the Data Protection Act when it came to making Safeguarding alerts or concerns regarding a vulnerable person who has REPEATEDLY asked NHS Wiltshire CCG staff to act on his reports of abuse, neglect and bullying, made formal safeguarding alerts and written to their IG & FOI manager asking him to ' Whistleblow ' , then asking him repeatedly to respond to my request to see if he had taken any action - but he would not respond
and notified many supposedly responsible staff in writing of my suffering ?

I understand since making this request, there have now been further updates and changes in Legislation and NHS requirements that are supposed to be followed by ALL NHS organisations, so as to better protect me , and as this response is so overdue that Legislation and requirements have now changed and improved, may I ask you not only supply me with the information I was seeking in early March - but also now the CURRENT Legislation and guidance that should offer me protection from the abuse, neglect and bullying I am suffering .

As this request is SO breached - currently more than FIVE WEEKS isnt it - ( denying a vulnerable adult his Rights under Legislation - a form of abuse ) I also ask the anonymous FOI person I am dealing with here to please raise a further Safeguarding alert in respect of this further failing with the person responsible in your organisation ,
and confirm to me in writing when you have done so .

Yours sincerely,

Steven King

FOI England (NHS ENGLAND), NHS England

1 Attachment

  • Attachment

    Copy of 2014 01 21 Safeguarding Children Adults Audit Results WILTS CCG.xlsx

    75K Download View as HTML

Dear Mr King,

 

Re:      Freedom of Information request (Our Ref: FOI- 426717)

 

Thank you for your Freedom of Information (FOI) request dated 8 March
2015. I sincerely apologise for the delay in responding to your request.

 

Your exact request was:-

 

‘I ask about NHS Wiltshire CCG :

 

1.         Who is the NHS England responsible person for safeguarding
within NHS Wilts CCG?

 

2.         I  ask to see all of the adult safeguarding information,
documents, records, inspections , compliance data and records for NHS
Wiltshire CCG please between 31 03 2013  to  10 03 2015 .

 

3.         Who are their designated professionals and adult safeguarding
leads within NHS Wiltshire CCG - may I also see their job descriptions and
contracts of employment please - which I presume you will have checked ?

 

4.         Who is their designated Doctor ?

 

5.         I am aware from this document of their considerable
responsibilities under adult safeguarding, and indeed whistleblowing and
would like to see the checks you have carried out, and be advised
separately of the data and information they have supplied to NHS England
themselves in respect of adult safeguarding and whistleblowing please.

 

6.         Please may I see documents of how and when they have regularly
reviewed their safeguarding and whistleblowing procedures ?To assist you
with providing all the information I seek under FOIA , you may find it
helpful to read the document I referred to earlier.

 

7.         Would you also be kind enough to please supply me with the
latest Care Act and Health and Social Care Act and associated Legislation
that sets down how adult safeguarding matters are expected to be dealt
with NOW  and within say the next two months .

 

 

NHS England holds some of this information. Our answers have been numbered
for your convenience.

 

1)         NHS England holds this information. I can advise that the NHS
England South Central lead responsibility for safeguarding sits with Jan
Fowler – Director of Nursing, and that operational responsibility sits
with Julie Kerry – Assistant Director of Nursing

 

2)         NHS England holds this information. In October 2014, NHS
England undertook a safeguarding audit across GP surgeries in Bath,
Swindon, Wiltshire and Gloucestershire. Please find the results of this
audit attached.

           

3)         NHS England holds some of this information. I can advise that
Lesley Scott is the Safeguarding Lead.

 

NHS England does not hold job descriptions or contracts of individuals
employed by Clinical Commissioning Groups (CCGs). Wiltshire CCG may hold
this information. I have included a link to contact details for Wiltshire
CCG should you wish to resubmit your request to them:

 

[1]www.wiltshireccg.nhs.uk/contact-us/freedom-of-information-requests  

 

4)         NHS England holds this information. The name of the
safeguarding GP is Peter Jenkins. Further information is available at the
following link:

 

[2]http://www.wiltshireccg.nhs.uk/our-gover...  

 

5)         NHS holds this information. I can advise that the Designated
doctor is Dr Fiona Finlay.

 

6)         NHS England holds some of this information. Please find some of
the information you have requested in the attached spreadsheet. I can also
advise that NHS England assures safeguarding as part of the CCG’s quality
plan, and as needed during the quarterly assurance meetings.

 

Wiltshire CCG may hold further information relevant to your request.
Please find below contact details for Wiltshire CCG should you wish to
resubmit your request to them:

 

[3]www.wiltshireccg.nhs.uk/contact-us/freedom-of-information-requests  

 

 

7)         NHS England holds some of this information. Please find
information relevant to your request available at the following link:

 

[4]https://www.gov.uk/government/publicatio...
 

 

The Department of Health may hold further information relevant to your
request. I have included a link to contact details for the Department of
Health should you wish to resubmit your request to them:

 

[5]https://www.gov.uk/government/organisati...  

 

I 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: [6][NHS England request email]

 

Please quote the reference number FOI- 426717 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: [7][email address]    

Website: [8]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, [NHS England request email].

 

 

Yours sincerely,

 

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [NHS England request email]

 

 

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References

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1. http://www.wiltshireccg.nhs.uk/contact-u...
2. http://www.wiltshireccg.nhs.uk/our-gover...
3. http://www.wiltshireccg.nhs.uk/contact-u...
4. https://www.gov.uk/government/publicatio...
5. https://www.gov.uk/government/organisati...
6. mailto:[NHS England request email]
7. mailto:[email address]
8. http://www.ico.gov.uk/

Dear FOI England (NHS ENGLAND),

SDR 426717

May I refer you to this request submitted to you via the What Do They Know website on 08 03 2015.

A small amount of the information I had requested was supplied on 27 06 2015.

I would ask you to confirm the actual number of working days it took you to provide your response please,
and to clearly, fully, honestly and properly explain to me here why you denied me my Rights in Law to receive this information within 20 working days.

During the course of the request, I have also reported abuse and neglect of me by your organisation but have not been contacted by anyone to investigate these matters.
I have been harmed, ill treated and ignored when reporting abuse and neglect, and as I am a disabled and vulnerable adult it is my wish you clearly explain to me here why you continue to ignore my Rights in Legislation, within your own policies, within the NHS Constitution and other NHS regulatory requirements, the Care Act and of course the Freedom of Information Legislation.

I have been very ill for months , and wish to receive a proper detailed apology and clear reasons why your systems have failed me so badly.

I have repeatedly been asking the NHS Wiltshire CCG for advocacy assistance and support over a very long period of time due to my serious disabilities and health conditions - but have been ignored , which I class as further abuse of me by them .

Please do not continue to ignore my reports as I am suffering serious repeated harm and damage due to your ill treatment of me.

Yours sincerely,

Steven King

Dear FOI England (NHS ENGLAND),

SDR 426717

I apologise for needing to contact you again, but due to my disabilities I am finding it impossible to understand the information you have provided in its present format.

Would you please be kind enough to send it to me via WDTK in PDF format please where the whole page contains the information you are providing in a clear type face - I am disabled and ask for a reasonable adjustment please as I am not computer trained .

I REALLY do need advocacy and support to progress these matters please.

Yours sincerely,

Steven King

FOI England (NHS ENGLAND), NHS England

3 Attachments

Dear Mr King,

 

Re:      Freedom of Information request (Our Ref: SDR-426717)

 

Thank you for your correspondence dated 24 October 2015. Please find
attached a PDF version of our response, as requested.

 

I am sorry that our response did not meet your expectations. However, it
may help if I explain the Freedom of Information (FOI) Act 2000 gives you
the right to ask any public sector organisation for the recorded
information they have on any subject. You can ask for any information you
think a public authority may hold. The right only covers recorded
information which includes information held on computers, in emails and in
printed or handwritten documents as well as images, video and audio
recordings.

 

The Freedom of Information Act does not include complaint handling. If you
wish to complain about a service provided by NHS England, you can do so by
writing to the address below:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [1][NHS England request email]  

 

I can advise that any complaints about a service provider should be made
to the service provider or to the commissioner of that service. I
understand that you have already registered complaints with NHS Wiltshire
Clinical Commissioning Group (CCG). If you are dissatisfied with the
response you have received from this organisation, you are entitled to
complain to the Parliamentary and Health Service Ombudsman. I have
included a link to the PHSO website in order to assist you with this
process:

 

[2]http://www.ombudsman.org.uk/make-a-compl...  

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will form
part of our disclosure log which is routinely published through our
publication scheme.

 

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, [3][NHS England request email] .

   

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [4][NHS England request email]  

 

 

 

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1. mailto:[NHS England request email]
2. http://www.ombudsman.org.uk/make-a-compl...
3. mailto:[NHS England request email]
4. mailto:[NHS England request email]

Dear FOI England (NHS ENGLAND),

SDR 426717

Well that was a wasted EIGHT MONTHS waiting to receive the information I requested !

Where you sort of ' apologise ' that your response did not meet my expectations, I do not need any lecturing on FOIA - which you appear to think negates your responsibility to provide the information I asked for EIGHT MONTHS AGO .

Under the Duty of Candour I ask you to write to me by recorded delivery and CLEARLY identify every area where you have failed to comply with Legislation and NHS Policies and Procedures including Safeguarding,
and to explain to me individually in each case how and why this happened , how you intend to put it right,
and to give me a clear detailed and complete apology for every instance where you have failed to provide me with all of the services from you that should have been activated.

I ask why you state within a FOIA response " I understand that you have already registered complaints with NHS Wiltshire Clinical Commissioning Group ( CCG ) . " I would have thought this is my personal data as defined under the Data Protection Act and should not be mentioned within a FOIA response ?However as you have chosen to put a statement about my personal data within the public domain without my consent and clearly hold information I AM NOT AWARE OF , would you kindly provide me with the dates and reference numbers of these supposed complaints as I am unaware of any complaints process being acknowledged , commenced or reference numbers being issued by the NHS Wiltshire CCG WITH my consent - as the information I am now requesting is not personal or confidential.

It is not acceptable for NHS England to put false and misleading personal data into the public domain .

Apparently I need to remind you of your Legal duties and responsibilities to me in a number of areas,
and whilst I may find it necessary and choose to place certain personal information relating to me in the public domain to assist a public body to provide answers to a FOIA request , I do not believe you have any Legal basis or consent from me to publish the information I mention in the public domain ?

I confirm , following a request made to NHS Wiltshire CCG TWO YEARS AGO , their new chair met with me on the 04 August 2015 with his Chief Officer and the Board Secretary who took notes - although the meeting was also audio recorded and transcribed. Apart from a short written acknowledgement of that meeting - not showing it was being dealt with as a complaint or showing any complaint reference number - they have not responded in any way to the VERY SERIOUS matters I raised with them which identified SERIOUS LEGAL FAILINGS in their own CCG and the Avon and Wiltshire Mental Health Partnership from whom they commission services .

I therefore feel they continue to ignore the Rights I have contained within Legislation and numerous NHS guidance and requirements and are also continuing to subject me to levels of abuse identified in their own Safeguarding Policies .

Your response fails to answer the questions I asked - I have not asked for information about GPs handling of Safeguarding matters although that was all you supplied me on 05 11 2015 - EIGHT MONTHS after I asked Under FOIA for different information.

I see that as abuse of me by NHS England and have already requested your safeguarding policy etc.

There is also the matter of the FOIA review I requested on 06 th May 2015 - which you acknowledged on the same day - as a further SIX MONTHS have elapsed since that request i ask you to now extend that review of your entire handling of all matters raised within my correspondence with you up to date please - and to include the rights I have under the duty of candour.

On 13th May you state " We are continuing to review the request and any information held in order to provide you with a full response " . Clearly you understood my request as you did not request further clarification, so why did you fail to provide me with the full response as you indicated ?

I cannot see any newer information than 21 01 2014 has been provided - this is not what I asked for .

You noted my request for an internal review on 13 05 2015 - SIX MONTHS AGO but your timescales to provide an inadequate response took a further SIX MONTHS - bar a few days , you are seriously failing to comply with Legislation and my Rights, and where you state also state on the same day " We have noted your request for an internal review but confirm we are not able to take this forward until you have received a full response to your original FOI request " , I still have not received ' a full response to my original FOI request ' and therefore ask you to provide the full response to all the matters I asked for information about, as clearly I am currently still unable to request a internal review as you have not provided a full response to the information I requested - nor confirmed or denied if you hold it or claimed any exemption .

I can see I cannot request an internal review at this stage from what you have already told me, so I have not made this request or included all of the matters I would wish you to review within this email to you.

I wish somebody totally competent in these matters to respond fully to my FOI request please , as clearly whoever you are you have not .

The information sent on 22 06 2015 will not download on my computer - I emailed you twice on 24 10 2015 but your response was incomplete and delayed even further.

I refer to your email of 22 06 2015

@ 1 - Please supply me with direct line telephone number and postal address of both, I have not heard from either of them ??

@2 NOT what I asked for in my FOI request - and statistics rarely reflect the true picture do they ?

@3 please supply a directline telephone number and postal address please.
Thank you for the link, but they often do not comply with Legislatory timescales for providing information under FOIA - like yourselves .

@4 But DR Peter Jenkins you identify as ' safeguarding GP ' is now chair and I met with him on 04 08 2015,
abuse of me was also formally reported AGAIN - its been ongoing for a number of years and ive written to them before - I am being ignored . NOTHING on this matter since the meeting.
Clearly the CCG has serious long term failings they will not deal with.

@ 5 - not heard of her ?

@6 You advise me " NHS England assures safeguarding as part of the CCGs quality plan , and as needed during the quality assurance meetings. " This is some of the information I was expecting you to send me within your disclosure - can I see ALL of it here please ?

I cannot see where many of the matters raised within my emails of 24 10 2015 have been responded to , please identify those you failed to respond to ?

Although your ' lecture 'was not appreciated on 05 11 2015, the information contained in para 2 commencing " I am sorry ... " is invaluable - as neither the NHS Wiltshire CCG or the Avon and Wiltshire NHS Mental Health Partnership ( CCG are their commissioners ) have been complying with this right you describe REPEATEDLY over a number of years .
Have you audited or inspected or had reports prepared or received from both organisations that will show me very clearly the information you hold regarding FOIA compliance and Data Protection Act compliance for both of these NHS organisations over the past 2.5 Years please - if you wish please treat as a separate FOIA request but respond via whatdotheyknow under this request please.

You are directing me towards the NHS complaints dept at NHS England , and mention the PHSO ( where I have been told they only fully investigate and report upon ONE IN A THOUSAND COMPLAINTS - good odds for you, the CCG and AWP isnt it ?

Again, I am unaware of ANY response to ANY complaint from NHS Wiltshire CCG ?

You mention your disclosure log and the ICO directive .

Will you be publishing all of my correspondence with you, along with all of your responses contained within this request , or do you ' water it down ' or ' alter it ' in any way , if so do you gain my consent before publishing as I wish the whole truth to be seen - not your preferred version .

Again on the ICO directive, do NHS Wiltshire CCG and AWP NHS MH T also need to comply with the directive you mention ?

I still await the information I have been seeking since 08 03 2015 ???, and ask you to ensure all my questions contained within this request are given a clear and complete answer please ?
Yours sincerely,

Steven King

D. Speers left an annotation ()

Appalling arrogance being displayed be NHS England, Mr King dare I say openness and transparency are sadly lacking in your FOI request!
The level of non-compliance seems abhorrent!
Will support where I can!
I wish you well!

Dear FOI England (NHS ENGLAND),

FOI 426717

Still awaiting your ' timely response ' PLEASE !

Yours sincerely,

Steven King

FOI England (NHS ENGLAND), NHS England

Dear Mr King,

I am writing further to your email of 6 November 2015.

Thank you for your email and its comments. I am sorry you are unhappy with the handling by NHS England regarding your Freedom of Information (FOI) request and other concerns raised.

In order for NHS England to investigate the concerns you have raised, it would be beneficial to speak with you. This contact would be through NHS England’s customer contact centre, however at the moment we do not hold a telephone number for you. Your previous communication with us has been through the “Whatdotheyknow” website which we believe removes any contact information. However, there may be occasions when this is not the case so in order to protect your information, we suggest you contact us directly using the email address [NHS England request email] to provide us with a telephone number in order that we can contact you. You may also wish to call us on 0300 3 11 22 33.

We also acknowledge your comments regarding the handling of your FOI request and earlier request for an internal review. Please be assured NHS England are processing this for you. Therefore, please see this email as acknowledgement of your internal review request and assurance we will investigate this in order to provide you a final position. The internal review will look into NHS England’s handling of the request submitted and our response including time compliance and any other relevant comments to the process you have made. We make all attempts to provide a response to an internal review within 20 working days. However, for complex cases this may take up to 40 working days. Where a request will take longer to complete we will write to you. At the moment, we are working to 20 working days and will endeavour to provide you with a response by 4 December 2015.

Yours sincerely,

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33
Email: [NHS England request email]

show quoted sections

Dear FOI England (NHS ENGLAND),
Corporate Communications Team
Patient and Information Directorate,

Ref : FOI 426717

Thank you for your email of 13 November 2015.

You state it would be beneficial to speak with me - which I hope will be of benefit to me ?

If you intend to have a discussion with me where you then spin the truth and prepare a further record that is a misrepresentation of the truth and covers up the avoidable harm I am suffering - then PLEASE do not contact me as I cannot take much more of this toxic abusive and unfair system .

IF however IF you are prepared to handle all matters fairly, honestly and in my best interests, if you study this full request on the excellent whatdotheyknow website, you will see at the top of the page near the FOIA title , there is a facility where you can click on my name and are then able to email me in private.

I do not get on at all well with waiting for ages on call centres , then getting cut off , or having to speak with people who will not give a name or title, then fail to ring me back.

If you are able to treat me in a fair and considerate manner - and keep comprehensive and accurate records of our discussion that will include sensitive personal data of mine, will you be kind enough to email me as outlined above, with your name, job title and a direct phone number for me to contact you please ?

I shall ring you after 2.30 pm within two working days of you providing me with this information .

I confirm it is my wish your response to my FOIA request, and subsequent questions asked , and my request for a FOIA review are provided here on the whatdotheyknow website - in the hope my experience with NHS England will make other members of the public aware of the service they are likely to receive .
Yours sincerely,

Steven King

FOI England (NHS ENGLAND), NHS England

Dear   Mr King,

 

Re: Freedom of Information Request

                       

Thank you for your email dated 18 November 2015. Unfortunately there is no
direct number that we can provide to you as all contact with NHS England
is organised and run through the Customer Contact Centre, the contact
details for which we provided in our response of the 13 November 2015. You
can, on calling the Customer Contact Centre, ask to speak to the Senior
Case Manager  who will either be able to take your call at that time or
arrange a mutually convenient time to call you back.

 

The contact details and telephone number for the Customer Contact Centre
are again detailed below.

 

Yours sincerely,

 

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [NHS England request email]

 

 

 

 

show quoted sections

Dear FOI England (NHS ENGLAND),

FOI 426717

I have just received an email regarding this request - sent to another request I made to NHS England !

I have not received any letter from NHS England as I requested .

No further information has been supplied to me - other than

YOUR REVIEW WILL BE COMPLETED IN JANUARY 2016 ! !

Gets worse by the day , as my abusers continue to abuse me - where is the CARE in NHS England ?

Yours sincerely,

Steven King

FOI England (NHS ENGLAND), NHS England

Dear Mr King,

Thank you for your email dated 2 December 2015.

I have reviewed your comments and wish to apologise. Our internal review extension notice was accidentally issued to a separate FOI request you have submitted via the "whatdotheyknow" website. Please accept our apologies for this error and see at the bottom of this reply a copied version of the extension notice so that this request history is complete and accurate.

Please also note and as previously indicated, if you have any concerns or complaints which are outside of the FOI request, in order for NHS England to investigate these it would be most beneficial to speak with you. This contact is through NHS England’s customer contact centre. Please can we suggest you contact the centre directly using the email address [NHS England request email] to provide us with a telephone number in order that we can contact you. You may also wish to call NHS England's customer contact centre on 0300 3 11 22 33.

We also note that within your correspondence history you have mentioned advocacy support. If you wish to utilise these in the Wiltshire area please could I provide you the following contact details:-

Website:- www.seap.org.uk/local-authority/wiltshir...

Telephone:- 0300 3435733
Text:- 80800 (keyword SEAP)
Email:- [email address]

Copy version of NHS England's internal review extension notice:-

Dear Mr King,

Re: Freedom of Information - Internal review (Our Reference IR-426717)

Further to our email of 13 November 2015, please accept our sincere apologies for the delay in providing you with a response to your Internal Review request.

I can confirm that an Internal Review Panel has now convened to review your request. The Panel has asked that further information be gathered to allow them to come to a decision on your case. We are therefore currently liaising with the relevant policy team to provide additional information for the Panel. The Panel hope to reach a decision and provide a response on your case by Tuesday 5 January 2016.

NHS England endeavours to respond to internal review requests within 20 working days of receipt. However, more complex reviews may be extended up to 40 working days and we are sorry that the time to complete this review is longer than our standard.

If you have any queries about this request or wish to contact us again, please email [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, [NHS England request email]

Yours sincerely,

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33
Email: [NHS England request email]

show quoted sections

Dear FOI England (NHS ENGLAND),

Your ref SDR - 426717 Request submitted 08 March 2015.

You are aware you again acknowledged my request for a review of this request SIXTY ONE DAYS AGO, stating a response would be given within 20 working days of receipt, and more complex reviews may be extended up to 40 working days - do you just work a few days each week as I believe in the ' normal ' working week timescales have long gone by ?

May I ask you to look through my correspondence with you here again, as I believe MANY of the matters I have raised have not been dealt with in accordance with Legislation or my Rights, or indeed a number of your own policies and procedures - I really would like full and complete responses to each matter please ?

Although this is clearly a FOIA request, information contained within it requires you to Act - but clearly you have failed to do so in every matter I have raised - surely as a NHS England employee your duties and responsibilities extend to complying with ALL Legislation, your own Policies and Procedures along with ALL of the Rights I have as a vulnerable patient of the NHS - I ask you for a detailed explanation in each case where this has happened, and ask you to identify all of those who are involved in carrying out this review who have also failed to act in accordance with my Rights ?

Within my request of 08 March 2015 , may I again refer you to my paragraph starting " As I am disabled ..... "
as I cannot see where this information or my request has ever received your attention ?

On 09 March you state " Please be assured that your request is being dealt with under the terms of the Freedom of Information Act 2000 AND WILL BE ANSWERED WITHIN TWENTY WORKING DAYS. " Clearly what you told me was not true and I ask why you told me something that was untrue ? It appears you have not complied with Legislation and have denied me my Rights ?

After waiting TWO MONTHS I submitted my review request on 06 May 2015.

On 13 May 2015 you state " We are continuing to review the request ... " , but then in the next paragraph state you are not - I am very confused by this and ask you to clearly clarify ?

Your response on 22 June 2015 identifies senior staff with safeguarding responsibilities - where you were formally notified of the multiple instances of abuse I was and still am suffering - I trust you will be able to confirm here for me that you raised concerns and alerts at the time - if no why not - you are an employee of NHS England arent you - and supposed to comply with ALL Legislation and NHS England Policies and Procedures when carrying out your duties ?

I followed your advice and made TWO FOIA requests to NHS Wiltshire CCG many months ago here on the whatdotheyknow website, again my Rights were ignored by them as only acknowledgements were issued - but no responses despite reminders being sent to them - this is FURTHER abuse by them denying me my Rights and I ask you to raise an alert on my behalf please.

On 24 October 2015 , I again reported the abuse I am being subjected to, and indicated I had not been contacted by anyone - THREE MONTHS LATER - still no response from anybody - hence It appears I am being subjected to Illegal Acts by NHS England and I wish to know why ? I can see NHS England , along with NHS Wiltshire CCG are not acting in accordance with Legislation and your own Policies and Procedures when dealing with me - and therefore again ask you to raise a formal alert regarding each organisation please .

On 05 11 2015 you state " I understand that you have already registered complaints with NHS Wiltshire CCG " , I did mention this in earlier correspondence but have you now clarified the TRUE POSITION regarding these supposed complaints - I still have not heard from them regarding these matters ?

On 06 November 2015 , within my email I requested NHS England to comply with a number of my Rights under the Duty of Candour , along with other matters . You have again failed to act in a timely manner in respect of the Duty of Candour and other matters raised and I ask you to properly and clearly explain why ?

I again mention the meeting with NHS Wiltshire CCG as previously reported to you.
Someone ( no name - no reference on the letter ) wrote to me stating the minutes had been destroyed,
and the audio recorded transcript of what I said had been VERY HEAVILY DELETED - MUCH of the MOST SERIOUS MATTERS I RAISED ??? Is this usual practice within the NHS - I am distressed and upset as NHS Wiltshire CCG do not answer my letters or even Freedom of Information requests - more abuse of me.

Have you - the person handling this request , or indeed those carrying out the review raised any concerns or taken ANY action regarding these matter - will you PLEASE write to me ?

Maybe this explains why suicides of older men are on the increase ?

You did not write to me with the contact details of those I need to contact ?

On 13 November you stated " you would provide a response by 04 December - but that failed to happen.

On 03 December you wrote stating " The panel hope to reach a decision and provide a response on your case by Tuesday 05 January 2016 " .

Well, I am writing this email on the evening of 14 January 2016 - a further TEN DAYS past the date you promised - and as I had not heard from you since 03 December , I had expected you to keep to your promised timescale - and again ask you to explain clearly and fully why you didnt ?

May I ask you to very clearly identify , and disclose please , ALL of the further information the panel requested or needed, and I would ask to be made aware of the names / titles / seniority of those sitting on the panel.

Do the panel , and yourself, intend to continue ignoring so many of the Policies, Procedures and Legislation that is in place supposedly to protect me where I have made a series of formal alerts and concerns to you ?
Please explain clearly here what you and the panel have done or intend to do as amongst many other things you are also subjecting me to avoidable harm, damage and distress and subjecting me to abuse and secondary abuse yourselves .

Yours sincerely,

Steven King

Dear NHS England,

SDR 426717

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

Following a long period of serious illness where I have been bedridden, NHS England have been kind enough to respond to another FOIA request I made for your Safeguarding Policy and FOIA Policy.

I can see your FOIA Policy has not been followed or complied with whilst dealing with this request and ask you to identify where this has happened and give me your reasons.

MUCH MORE SERIOUSLY - When making this request and in ongoing email correspondence here with NHS England staff - and indeed your panel , I have raised formal alerts and concerns in detail relating to myself suffering abuse etc - but no action has been taken by any of those involved . Having now read the Safeguarding Policy - whilst it is up to an proper investigation to identify the levels of ongoing abuse I am suffering, it is clear to me ( and I trust yourselves ? ) that I most certainly am being subjected to abuse as identified within your Safeguarding Policy pages 24 & 25 sections 2.6 , 2.8 , 2.9 , 3 .0 , 4.0 , both by the NHS England staff that have been dealing with this request and review , and by the NHS Wiltshire CCG who you have been in contact with.

I therefore ask you to ALSO review your handling of Safeguarding Matters within this FOIA review response, as it forms part of my FOIA request over a period of NINE MONTHS, and I believe the public should be able to see how seriously you take this matter and how you are now going to deal with it . I would expect ALL staff to be complying fully with Legislation, my Rights and of course your own Safeguarding Policy AT ALL TIMES when in the course of seeing and handling my request.

AGAIN - I ask you raise Safeguarding Concerns and Alerts for all the matters of a Safeguarding nature that I have brought to your attention over the past 9 months, and to confirm IMMEDIATELY that you have done so ?

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

Yours faithfully,

Steven King

Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS England

Thank you for contacting the NHS England Customer Contact Centre. Our
office is currently closed.  Our opening hours are:

 

Monday - Tuesday:  8am to 6pm

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We are closed at weekends and on bank holidays.

 

When we reopen, we will look into your enquiry and get back to you as soon
as possible.

If you require medical advice please contact your GP, your local NHS Walk
In or Urgent Care Centre or call 111. For emergency medical attention,
please dial 999 or attend your local accident and emergency department if
you are able to do so.

There is also a wide range of helpful information available on the [1]NHS
Choices website

This is an automated message; please do not reply as your e-mail will not
be looked at.

show quoted sections

References

Visible links
1. NHS Choices website
http://www.nhs.uk/

Steven King left an annotation ()

Dee Speers , thank you for you annotation - a few months ago now.
As this request appears to be raising a number of further SERIOUS ISSUES regarding NHS England and the NHS Wiltshire CCG, please feel free to place this on Twitter if you consider it to be of interest to the wider public, and I believe you also contribute to an excellent Mental Heath magazine which no doubt would be of interest to their readers to demonstrate the level of suffering I am being subjected to .

FOI England (NHS ENGLAND), NHS England

Dear Mr King,

Thank you for your email below dated 14 January 2016. Please accept our apologies for the delay in providing you with a full response to your internal review request. We endeavour to respond as promptly as possible and where possible within 20 or 40 working days. We are continuing to review our handling of your Freedom of Information (FOI) request in order to provide a sufficient and comprehensive response. We aim to respond as soon as possible.

Yours sincerely,

Freedom of Information
Corporate Communications Team
Patients and Information Directorate

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33
Email: [NHS England request email]

show quoted sections

FOI England (NHS ENGLAND), NHS England

5 Attachments

Dear Mr King,

 

Re:      Freedom of Information Internal Review outcome

(Our Ref: FOI-426717 IR) 

 

Thank you for your Freedom of Information (FOI) internal review request
dated 6 November 2015.

 

Your FOI request dated 8 March 2015 asked:-

 

‘I ask about NHS Wiltshire CCG :

 

1. Who is the NHS England responsible person for safeguarding within NHS
Wilts CCG?

 

2. I  ask to see all of the adult safeguarding information, documents,
records, inspections , compliance data and records for NHS Wiltshire CCG
please between 31 03 2013  to  10 03 2015 .

 

3. Who are their designated professionals and adult safeguarding leads
within NHS Wiltshire CCG - may I also see their job descriptions and
contracts of employment please - which I presume you will have checked ?

 

4. Who is their designated Doctor ?

 

5. I am aware from this document of their considerable responsibilities
under adult safeguarding, and indeed whistleblowing and would like to see
the checks you have carried out, and be advised separately of the data and
information they have supplied to NHS England themselves in respect of
adult safeguarding and whistleblowing please.

 

6. Please may I see documents of how and when they have regularly reviewed
their safeguarding and whistleblowing procedures ?To assist you with
providing all the information I seek under FOIA , you may find it helpful
to read the document I referred to earlier.

 

7. Would you also be kind enough to please supply me with the latest Care
Act and Health and Social Care Act and associated Legislation that sets
down how adult safeguarding matters are expected to be dealt with NOW  and
within say the next two months.”

 

 

We can confirm that a Panel has convened in response to your internal
review request and we have set out the outcome below.

 

The Panel noted that NHS England responded to your original FOI request in
excess of the statutory guideline of 20 working days. The Panel noted that
a first response was not provided to you until 22 days after the original
request and a final response was not provided until 22 June 2015 (71 days
after the original request). The Panel considered that the length of time
to provide a final response was unacceptable. Please accept our sincere
apologies for the delay in providing a response to your original request.
NHS England endeavours to provide responses within the guideline time
limits and we are sorry that we were not able to on this occasion. Your
internal review is therefore upheld in part.

 

NHS England would also like to apologise for the lack of contact with you
during the period leading up to sending you the delayed final response.
NHS England makes all attempts to manage communications and expectations
with FOI correspondents, as appropriate, during the processing of their
request or if a delay beyond the 20 day guideline is likely. This did not
happen in this case and this has since been addressed by the Freedom of
Information Team. The team now operate diary reminders to ensure that
correspondents receive regular updates.

 

The Panel have reviewed the response provided to you and NHS England’s
handling of your request. Since your original request you have also raised
a number of additional questions. We have endeavoured to provide a
response to the additional questions posed as part of the internal review.
I have set out the outcome of the review below.

 

Original FOI response:

 

Question 1 – Our original response “NHS England holds this information. I
can advise that the NHS England South Central lead responsibility for
safeguarding sits with Jan Fowler – Director of Nursing, and that
operational responsibility sits with Julie Kerry – Assistant Director of
Nursing”

 

The Panel agreed that the response provided was appropriate. Further to
your original request, the Panel are aware that you have requested
additional contact information. Although we are not able to provide
individual direct dial telephone numbers, we can confirm the contact
details for NHS England South Central as set out below:

 

Jubilee House
5510 John Smith Drive
Oxford
OX4 2LH

Tel: 01865 963800

 

Question 2 – Our original response was “NHS England holds this
information. In October 2014, NHS England undertook a safeguarding audit
across GP surgeries in Bath, Swindon, Wiltshire and Gloucestershire.
Please find the results of this audit attached.”

 

The Panel agreed that the response provided was appropriate and included
all information. The Panel also noted that you were signposted to the
Wiltshire Clinical Commissioning Group (CCG) website where additional
information can be accessed. The Panel considered, however, that it would
have been more helpful if a copy of the Wiltshire CCG safeguarding plan
had been provided direct to you. This is now attached.  An extract is also
set out below.

 

 

 

 

 

Wiltshire CCG safeguarding plan

 

Governance
arrangements are
in place to ensure
that the
organisations from
which we
commission
services provide a
safe system that
safeguards
children and
adults at risk of
abuse or neglect.
There are
Safeguarding
Children and
Safeguarding
Adults schedules
in the quality
schedules for all
provider
contracts. These
Safeguarding
schedules are
monitored
quarterly and
- How your plans reported to the
will meet the CCGs Quality and
requirements of Clinical
the Governance
accountability committee
and assurance
framework for The CCG also has
protecting senior
vulnerable representation at
people  LSCH and SAB,  Children and
- The support working in Adult
for quality partnership with Safeguarding
A13 Safeguarding improvement in Featured local authorities schedules
application of and contributing
the Mental to Serious Case Capacity act
Capacity Act Reviews.  paper
- How you will
measure the The CCG employs a
requirement set Mental Capacity
out in your Act Lead to
plans in order oversee service
to meet the quality when the
standards in the Mental Health
prevent agenda Capacity Act is
applied. 

The required
Prevent standards
are set out in the
adult safeguarding
schedule of
contracts, which
are monitored and
reported on.  The
CCG is also a
member of the
Prevent Board,
which provides a
forum for broader
understanding of
how standards are
being achieved and
action required to
ensure standards
are met

Safeguarding
arrangements for
Primary Care will
be determined
during 2015/16.

 

 

 

 

 

 

 

This is our assessment for Wiltshire CCG

 

Quality:            
Safeguarding:
What is the Director
ambition for of BGSW
quality Nursing Nursing Featured Acceptable Assured Good to
improvement and Team reference main
in  Quality strategic
Safeguarding  document
Do plans CCG has senior
include how representation
CCG will meet at LSCH and
requirements Director SAB working in
of the of BGSW partnership
accountability Nursing Nursing Featured Acceptable Assured with local
and assurance and Team authorities
framework for Quality and
protecting contributing
vulnerable to Serious
people? Case Reviews.
A13 Is there They employ a
articulation Mental
of how Director Capacity Act
improvement of BGSW Lead to
will be Nursing Nursing Featured Acceptable Assured oversee
achieved in and Team service
application of Quality quality when
the Mental the Act is
Capacity Act? applied.
Is the CCG Assured CCG is a
planning to member of the
meet the Prevent Board
standards in Director which provides
the prevent of BGSW a forum for
agenda? Nursing Nursing Featured Acceptable broader
and Team understanding
Quality of how
standards are
being
achieved.

 

 

 

 

 

 

 

 

Question 3 – our original response was: - “NHS England holds some of this
information. I can advise that Lesley Scott is the Safeguarding Lead.

NHS England does not hold job descriptions or contracts of individuals
employed by CCGs. Wiltshire CCG may hold this information. I have included
a link to contact details for Wiltshire CCG should you wish to resubmit
your request to them:

[1]www.wiltshireccg.nhs.uk/contact-us/freedom-of-information-requests”

 

The Panel agreed that the response provided was appropriate. Further to
your original request, the Panel are aware that you have requested
additional contact information. Although we are not able to provide
individual direct dial telephone numbers the Panel have asked that
additional contact information should be provided to you which is set out
below.

 

NHS Wiltshire CCG

Southgate House

Pans Lane

Devizes

SN10 5EQ

 

Tel: 01380 728899

 

The Panel confirmed that you should contact the CCG direct if you require
additional information.

 

Question 4 - our original response was “NHS England holds this
information. The name of the safeguarding GP is Peter Jenkins. Further
information is available at the following link:

[2]http://www.wiltshireccg.nhs.uk/our-gover...

 

The Panel agreed that Dr Peter Jenkins details were incorrectly provided.
The correct designated doctor is Dr Fiona Finlay. We would like to
apologise for any confusion caused by our original FOI response.

 

The Panel noted your comments in your additional correspondence in
relation to Dr Jenkins. NHS England is in general unable to comment
further under the IR process. We understand that you have already
highlighted your concerns with the NHS England complaints team and these
are being progressed. We further understand you have communicated with the
CCG regarding your concerns. If their complaints process has been
exhausted please can we advise you contact the Parliamentary and Health
Services Ombudsman (PHSO) for further assistance. You can approach the
PHSO using the following contact details:-

 

PHSO

Helpline: 0345 015 4033

Email: [3][email address],uk

Address: Parliamentary & Health Service Ombudsman

Millbank Tower

Millbank

London

SW19 4QP       

 

 

Question 5 – our original response was “NHS England holds this
information. I can advise that the Designated doctor is Dr Fiona Finlay.”

 

The Panel has asked the FOI team to apologize for the confusion caused by
our response. Dr Finlay’s details should have been included as answer to
question 4. The Panel noted that the information provided for question 6
includes a response appropriate for question 5 of your request.

 

Question 6 – our original response was “NHS England holds some of this
information. Please find some of the information you have requested in the
attached spreadsheet. I can also advise that NHS England assures
safeguarding as part of the CCG’s quality plan, and as needed during the
quarterly assurance meetings.

 

The Panel agreed that information provided on NHS England’s safeguarding
audit undertaken in October 2014 was appropriate to your request. However,
the Panel noted that, although our original response outlined that
Wiltshire CCG’s plans could be found on their website, it would have been
more helpful to provide either the appropriate extract from that plan or a
copy of the whole plan to you directly. The Panel noted that your
additional correspondence points out that this was information you were
expecting to see. As outlined earlier under question 2, we can confirm
that we have included a copy of the Wilshire CCG plan as an attachment to
this response. We have also enclosed again a copy of the audit information
provided in our original response.

 

Question 7 – our response was “NHS England holds some of this information.
Please find information relevant to your request available at the
following link:

[4]https://www.gov.uk/government/publicatio...
 
The Department of Health may hold further information relevant to your
request. I have included a link to contact details for the Department of
Health should you wish to resubmit your request to them:-

[5]https://www.gov.uk/government/organisati...

 

 

The Panel agreed that this response was appropriate. However, they decided
that it would have been more helpful to have provided a direct copy of the
Care Act. A copy of the Care Act is now attached to this response.

 

A copy of NHS England’s “Safeguarding Vulnerable People in the NHS –
Accountability and Assurance Framework”, which was published in June 2015,
is also attached for information.

 

The Panel noted from your correspondence following your initial FOI
request that you have raised concerns about ill treatment and neglect of
yourself by NHS services. The Panel noted you were advised through
acknowledgements (8 March and May 2015) about how to communicate urgent
matters and are also aware that your concerns have been passed to the NHS
England complaints team. The Panel are aware that further contact with you
has been attempted to investigate these matters further. However, the
Panel cannot consider further any complaints or concerns beyond the
handling of your FOI request. We recommend as previously indicated that
you liaise with NHS England’s complaint department further if you wish to
submit a complaint or concern. Their contact details are included below:-

 

 

PO Box 16738

Redditch

B97 9PT

 

Tel: 0300 3 11 22 33

 

[6][NHS England request email]

 

 

In your request for an internal review, you raised concerns about NHS
England stating in its response “I understand that you have already
registered complaints with NHS Wiltshire CCG and whether this was a breach
of data protection legislation.

 

The Panel reviewed this issue and considered that there had not been a
breach of the Data Protection Act.  You mentioned in your correspondence
on 8 March, 13 May and 24 October 2015 the issues that you have raised
with Wiltshire CCG. The Panel agreed that it was appropriate to reference
these concerns in NHS England’s response in advising you to contact the
CCG further, or the PHSO, as we were unable to take the issues any
further.

 

You made your original FOI request using “whatdotheyknow”, and in doing so
you have consented to your name and correspondence being put into the
public domain. We have not described your concerns any further other than
your having “registered complaints”. NHS England therefore does not
believe that there has been any breach of your personal data.

 

As part of the internal review, the Panel also considered the concerns you
raised about the format in which the FOI response was provided in June
2015. The Panel noted that, in your initial FOI request (8 March 2015),
you did not outline specific instructions on how to provide the response.
As such our original response was sent under our normal procedures. The
Panel agreed that this was appropriate. The Panel noted that it was not
until your correspondence of 24 October 2015 that you asked for the
information to be resent with specific instructions. The Panel agreed that
we complied with this request appropriately.

 

I hope this internal review response provides you with a satisfactory
explanation and further rationale as to the position of NHS England.
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: [7][email address]  

Website: [8]www.ico.gov.uk 

 

Please note there is no charge for making an appeal.  

 

Please quote the reference number FOI/IR-426717 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, [9][NHS England request email]. 

 

Yours sincerely, 

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate 

 

NHS England

PO Box 16738

REDDITCH

B97 9PT 

 

Tel: 0300 311 22 33

Email: [10][NHS England request email]

 

 

 

 

 

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References

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2. http://www.wiltshireccg.nhs.uk/our-gover...
3. mailto:[email address],uk
4. https://www.gov.uk/government/publicatio...
5. https://www.gov.uk/government/organisati...
6. mailto:[NHS England request email]
7. https://web.nhs.net/OWA/redir.aspx?SURL=...
8. https://web.nhs.net/OWA/redir.aspx?SURL=...
9. https://web.nhs.net/OWA/redir.aspx?SURL=...
10. https://web.nhs.net/OWA/redir.aspx?SURL=...

Dear FOI England (NHS ENGLAND),

SDR 426717

I have not been well enough to respond to you before now.

I regret I have not received the service identified in my request dated 08 03 2015.

On 06 11 2015, I asked you to write to me under the duty of candour and included a number of reasons for that request . You failed to write to me.

I mentioned my meeting with NHS Wiltshire CCG on 04 08 2015 - I subsequently was sent a partial transcript of that meeting with a huge chunk of data missing.

I was also sent a blank memory stick - supposedly a recording of the meeting.

The record of the meeting taken by the board administrator was destroyed and not provided to me as agreed.

No safeguarding actions have been taken following my reports to the NHS Wiltshire CCG - they do not appear to act upon safeguarding alerts from this vulnerable adult ?

On 18 11 2015 I invited NHS England to contact me if you were going to handle things in accordance with my Rights , you made no attempt to contact me.

My ' complaints ' you have mentioned within this request have never received a response - I would like to know who has received complaints from me , and why they have not been acted upon ?

The FOI Internal Review outcome you sent me on 20 01 2016 was clearly upsetting to me as it failed to deal properly with the matters raised, including the very serious matters.

As you are part of the NHS I would expect a series of proper apologies and identification of every failing that complies fully with the duty of candour and other duties and responsibilities you have to me.

I was very unhappy as I though my illness had got much worse as I could not understand your responses under the ' Wiltshire CCG safeguarding plan ' and ' This is our assessment for Wiltshire CCG ' , but someone has just looked at it for me and told me throughout the FIVE pages of information you have provided where it doesnt make sense, many of the words are missing and none of it can be understood. This has caused me a lot of upset and distress over the months, and made me feel even more ill than I already am .

Please send me the complete information that should have appeared under this section ?

Would it be reasonable for me to request you ensure it is complete and makes sense, as I feel ongoing NHS failures are damaging my health to such an extent you are killing me off ?

I wish to conclude these matters in accordance with all my Rights as soon as possible, and trust you will have no objection to putting right everything you have done wrong ?

Yours sincerely,

Steven King

FOI England (NHS ENGLAND), NHS England

Dear Mr King,

Thank you for your communication dated 4 May 2016 which is in response to our Freedom of Information (FOI) Internal Review outcome letter.

NHS England has provided you with a response to your FOI request under this case and further an Internal Review outcome. As such we have completed a review and are unable to re-investigate this matter any further under the FOI request. As highlighted in our Internal Review response we recommend if you are dissatisfied with our handling of your FOI request and/or the response given, that you contact the Information Commissioner's Office (ICO) for a decision. Their contact details have been included below for your assistance.

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

Telephone: 0303 123 1113
Email: [email address]
Website: www.ico.gov.uk

We have noted your reference below to the NHS Wiltshire Clinical Commissioning Group (CCG) and as outlined in previous communications these cannot be reviewed under the FOI process. You need to either refer these issues back to the CCG or escalate them to the Parliamentary Health Service Ombudsman (PHSO). We have enclosed both sets of contact details below in the hope this is helpful.

NHS Wiltshire CCG
Southgate House
Pans Lane
Devizes
SN10 5EQ

Tel: 01380 728899

PHSO
Helpline: 0345 015 4033
Email: [email address],uk
Address: Parliamentary & Health Service Ombudsman Millbank Tower Millbank London
SW19 4QP

We also note your reference to safeguarding actions and we reiterate our comments provided in the Internal Review response. In that we recommend you liaise with NHS England’s complaint department further if you wish to submit a complaint or concern. Their contact details are included below:-

PO Box 16738
Redditch
B97 9PT

Tel: 0300 3 11 22 33

[NHS England request email]

In reference to the safeguarding comments above and your comments below that NHS England have not contacted you following your invitation to do so. As in our response at the time we confirmed that the 'Whatdotheyknow' website is not considered confidential in order to discuss these type of issues. As such, we instead confirmed how you could contact us so that these could be investigated further for you, as is appropriate. Please use the contact details given above to contact NHS England in this regard.

You have asked below, "My ' complaints ' you have mentioned within this request have never received a response - I would like to know who has received complaints from me , and why they have not been acted upon ?' Any complaint you have submitted needs to be followed up to the relevant body to whom you made the complaint". We referenced the term 'complaint' in one of our previous communications with you and this was reviewed as part of the Internal Review. In this we confirmed and explained, "You mentioned in your correspondence on 8 March, 13 May and 24 October 2015 the issues that you have raised with Wiltshire CCG. The Panel agreed that it was appropriate to reference these concerns in NHS England’s response in advising you to contact the CCG further, or the PHSO, as we were unable to take the issues any further".

Finally, we are sorry if you feel our FOI Internal Review response was upsetting. This was not our intention. However, we have made all attempts to provide you with information under the FOI Act and where not possible or suitable to handle under the FOI Act, we have attempted to re-direct you. We have also outlined should you be dissatisfied with the Internal Review response how you can appeal this.

NHS England is of the opinion it has complied fully with your request for information under the FOI Act. As such, we have no further comments to add. Please use the details given in this reply and those of the Internal Review outcome letter to follow up any concerns or issues (i.e. with the CCG directly, the PHSO, the ICO or NHS England's contact centre handling concerns and complaints).

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: [NHS England request email]

show quoted sections

Dear FOI England (NHS ENGLAND),

SDR 426717

I remain dis satisfied with the limited response you have given , and within your responses there is a page shown where only a few words of each sentence referring to NHS Wiltshire CCG are shown - the rest simply is not there.
I should confirm, 16 months after commencing this enquiry, that my safeguarding concerns have been ignored by every NHS body concerned, the complaints you mention I have made have not been responded to, and it appears you have failed to comply with MANY of my Rights, including the FOIA.

Shame on you,

Yours sincerely,

Steven King

FOI England (NHS ENGLAND), NHS England

Dear Mr King,

Thank you for your email dated 21 June 2016.

NHS England has provided you with a full response and considers this request closed. We have previously provided you with contact information to redirect you regarding concerns you have raised.

In relation to the FOI request if you are dissatisfied please contact the Information Commissioner's Office (ICO) for a decision. Their contact details have been included below for your assistance.

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

Telephone: 0303 123 1113
Email: [email address]
Website: www.ico.gov.uk

In your reference to safeguarding and NHS England complaints team, we reiterate our comments provided previously. In that we recommend you liaise with NHS England’s complaint department further. Their contact details are included below:-

PO Box 16738
Redditch
B97 9PT

Tel: 0300 3 11 22 33
[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: [NHS England request email]

show quoted sections

Dear FOI England (NHS ENGLAND),

SDR 426717

Dear ???

I am in receipt of your email of todays date, and for the text book response to my contact with you.

1. The ICO only looks at completed cases within a limited timescale, and that timescale has long passed.
I am sorry therefore that the information re ICO you have given me is not applicable.
2. Your department has previously told me that complaints I have made and safeguarding alerts and
concerns I have raised are already with the NHS Complaints Team, and indeed have been awaiting ANY
response or action for a number for a number of years now.
. May I AGAIN ask they LIASE with me explaining their delay as the matters have already been raised
YEARS AGO but they fail to act or respond.
Where I am disabled and classed as a vulnerable adult I expected a PROPER service and response
in a timely manner from NHS England, yet this has failed to happen.
I feel another NHS body NOT FIT FOR PURPOSE - DO YOU AGREE ?

Yours sincerely,

Steven King

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