Steps taken to combat stigma, discrimination and mental abuse

C Rock made this Freedom of Information request to Parliamentary and Health Service Ombudsman

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was refused by Parliamentary and Health Service Ombudsman.

Dear Parliamentary and Health Service Ombudsman,

Today is World Mental Health Day

(1) Please will you publish steps documented intending to combat stigma, discrimination and mental persecution (e.g. as defined in prevailing UK Disability Acts) by PHSO staff, when dealing with complainants in traumatic cases for complaint in understandable position of pliability.

(2) Such instances have been made known to the PHSO and I am interested to know how they are recorded.

(2) Please will you publish what steps are documented to contact, support and help those who have been harmed through PHSO 'abuses', in current and retrospective ("historic") instance.

(3) If available, please publish claim settlement terms (including payments) for prior 7 years, for instances so far investigated in such instance.

Yours faithfully,

C Rock

Dear Parliamentary and Health Service Ombudsman,
Delivered - Waiting response
Yours faithfully,
C Rock

InformationRights, Parliamentary and Health Service Ombudsman

Dear C Rock

 

RE: Your information request: R0000923

                            

I write in response to your email dated 10 October 2019 requesting
information from the Parliamentary and Health Service Ombudsman (PHSO).
Your request has been handled under the Freedom of Information Act 2000.

 

Your request:

 

(1) Please will you publish steps documented intending to combat stigma,
discrimination and mental persecution (e.g. as defined in prevailing UK
Disability Acts) by PHSO staff, when dealing with complainants in
traumatic cases for complaint in understandable position of pliability.

 

(2) Such instances have been made known to the PHSO and I am interested to
know how they are recorded.

 

(2) Please will you publish what steps are documented to contact, support
and help those who have been harmed through PHSO 'abuses', in current and
retrospective ("historic") instance.

 

(3) If available, please publish claim settlement terms (including
payments) for prior 7 years, for instances so far investigated in such
instance.

 

Response

 

Your request appears to be regarding situations where you believe
complainants have been harmed by PHSO “abuse”. To clarify and confirm, the
PHSO does not consider itself to have abused any complainants. The answers
provided below are based on PHSO staff communicating with complainants
regarding difficult, traumatic and sensitive subjects and also requests
for reasonable adjustments in line with the Equality Act.

 

1.We do not hold the specific information you request. However, our
Service Model policy and guidance sets out the framework our staff use in
how to communicate with complainants, and handle requests for reasonable
adjustments. You may wish to review our Equality, Diversity & Inclusion
Strategy which is available on our website which sets out some of the work
we have done or are doing to develop our workforce further. Finally, you
may wish to view our Equality & Diversity Policy setting out our
commitment to equality of opportunity and valuing diversity ensuring it is
reflected in all employment processes. I have provided links to the
documents below:

 

[1]https://www.ombudsman.org.uk/about-us/co...

 

[2]https://www.ombudsman.org.uk/publication...

 

[3]https://www.ombudsman.org.uk/sites/defau...

 

In addition to the above, we also have an Equality, Diversity & Inclusion
Specialist who supports caseworkers to apply best practice in the EDI
sector which includes translating equality legislation into casework
practice.

 

2. We record requests for reasonable adjustments and communication
preferences on our case management system in line with the guidance
mentioned above.

 

3. We have no record of any payments made to complainants as part of a
claim made against the PHSO under the Equality Act.

 

If you believe we have made an error in the way I have processed your
information request, it is open to you to request an internal review. 
You can do this by writing to us by post or by email to
[4][Parliamentary and Health Service Ombudsman request email]. You will need to specify that the
nature of the issue is and we can consider the matter further. Beyond
that, it is open to you to complain to the Information Commissioner’s
Office ([5]www.ico.org.uk).

Yours sincerely

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [6]www.ombudsman.org.uk

 

References

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2. https://www.ombudsman.org.uk/publication...
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4. mailto:[Parliamentary and Health Service Ombudsman request email]
5. http://www.ico.org.uk/
6. http://www.ombudsman.org.uk/

Dear InformationRights,

I have received your response but it does not appear to answer my question as follows

1. Guidance: You gave your Policies but these are not common practice and are seen to be wholly different from PHSO actions. It has previously been stated that the PHSO effectively gives its workers free reign to reinterpret or waive policies and guidance, with PHSO 'Discretion' and without explanation.

2. Recording: N.B. It is PHSO legal requirement to make reasonable adjustments according to the Law and not "...in line with guidance..." then as such subject to waiver or discretion. Your Guidance shows no intention of this legal requirement to assess disability and, in the terms you give, does not seek such, despite also being a proactive UK Law requirement.

3. Payments: 'No Record' i.e. Zero payments. Obviously this would first necessitate having a complaints investigation system, which the PHSO does not record or facilitate as such, or support e.g. as in a Quality System for improvement. It would also need transparency, candour and admittance of transgressions.

I note - Question Declined: You have no system to ensure victims of PHSO harm or abuse of disability Acts or any other breach of common law can access justice for that harm, or to obtain support for long-term life harms due to that mental abuse.

Thank you: I do not see that the disregard evident in your responses illustrating current status-quo at PHSO, creates a fit body or shows a balanced climate in which to investigate others' abuses, particularly when held as 'Final Arbiter' in Injustice. I regret to say that I find your response dismissive and I am disgusted that any Civil Service body can be proud of placing PHSO harm as the complainants problem, without recourse of independent complaint or support.

Yours sincerely,

C Rock

Dear PHSO Information Office

New entry:

You stated above "... the PHSO does not consider itself to have abused any complainants. The answers
provided below are based on PHSO staff communicating with complainants regarding difficult, traumatic and sensitive subjects and also requests for reasonable adjustments in line with the Equality Act."

You clearly misinterpreted my question because it was in relation to actual abuse by the PHSO in the execution of their advertised and expected duty - which is not to abuse complainants. For many years abuses notified to you and finally achieving a complaint reference and a mock investigation (2017) and notification of the abuse to the current PHSO (R Behrens, for clarification).

I am very much not amused that you do not record such incidents or even allow that the PHSO does abuse complainants IN YOUR FULL KNOWLEDGE.

(1) You have been made aware of the harm caused in instances, but have refused to accept or record it. All this is documented in case history.

(2) You still do not follow the requirements to in allowance for disability and it is not THE LAW that a person disabled within the definition in ther Law contacts the PHSO to make allowance (adjustments). The PHSO's position in this has not been clarified nor changed since taking over Health Services Complaints.

(3) NOT ALL DISABILITIES ARE VISIBLE yet the PHSO has MADE GAIN of just such disability with NO THOUGHT of making allowance as the PHSO is OBLIGED to do - all documented in case history. That is instance of just 2 PHSO crimes.

(4) The PHSO's clear problem is exactly as you have given "...PHSO does not consider itself to have abused any complainants.." . Exactly still the PHSO's problem, which should not be thrust on complainants to be on the receiving end of your off-hand and unsupported ".. considerations ..". It is the PHSO's duty by its own Principle to be respectful, considerate and not engage in illegal prejudice as it has done and continues to do so. I read from that; the PHSO "considers itself... " above the law.

For me, your response illuminated the attitude of persons accountable to nobody in complaints, feeling safe in that respect, I can readily assume. It has without doubt been a vile tactic to abuse (and as reported to the PHSO) in such way, and openly express pride and claiming success in doing so - with still no recourse to any transparent Complaint system.

I see your abuse continuing and the evidence is in writing - should you ever consider 'evidence' to be an important contribution to your work. It is no longer a matter of PHSO blind abuse: it is a public crime that has run its course too long; long overdue for Inquiry. Looking back; I found your response offensive in its apparent arrogance and ignorance but those who are abused have to live every day with it.

And that is not easy. In fact it is life destroying - as intended, I have no doubt - but whilst PHSO knowingly limits recourse, it is unlikely that the PHSO will ever become fit for purpose - in widely-held opinion.

Please feel free to share my points and opinions. My evidence is in your files. Continue to abuse evidence as you will; it only cause further abuse of position and power over complainants; over previous victims.

Yours sincerely,

C Rock

InformationRights, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request.

If you have made a request for information under the Freedom of
Information Act 2000 or Environment Information Regulations 2004, we will
respond to your request within 20 working days in accordance with the
statutory time frames set out in both Acts.

If you have made a request for personal information held by the PHSO, your
request will be processed as a Subject Access Request under the provisions
of the Data Protection Act 2018 and will be responded to within one
calendar month in accordance with the statutory time frame set out in the
Act.

We may contact you before this time if we require further clarification or
if we need to extend the time required to complete your request.

For Subject Access Requests, we will send any personal information via
secure email, unless you instruct us differently. To access the
information on the email we send, you will need to sign up to our secure
email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...

If you require us to post your personal information to you instead you
will need to inform us of this and confirm your current address as soon as
possible.

Angharad Jackson
Data Protection Officer & Assistant Director Information Assurance
Office of the Parliamentary and Health Service Ombudsman
PHSO CityGate
47-51 Mosley Street
Manchester
M2 3HQ
[email address]

C Rock left an annotation ()

Trying to understand PHO refusal to tackle mental health Stigma, Discrimination and Abuse; actively taking advantage of disability after NHS negligence, maladministration and the avoidable death of my son NIck let down by GP and mental health services in Solihull.

PHSO "Does not consider.. abuse.. " and "... has [kept] no record ... " of such complaints.

I have kept records of those complaints, but the PHSO obviously does not care to.

Will they respond with any intelligence?

Dear Parliamentary and Health Service Ombudsman: "Steps taken to combat stigma, discrimination and mental abuse"

TRANSPARENT RESPONSE WELL OVERDUE - BOARD LEVEL REVIEW REQUESTED

I believe you have made an error in processing this request since you have been made aware of such cases over a long period of time. You say you are not aware of them. This may be because you refuse to accept them for investigation, or refuse to classify them as discriminatory abuse, or maybe immediately destroy all your responses: please can you explain?

I am personally waiting for such response and, since my complaint, there have been further harm which the PHSO has been made aware of but refused to 'record' in the 16 months taken. It is now 22 months beyond. Your delay in this matter is further abuse in its effects and PHSO chief R Behrens is aware of it.

I made such a complaint in Dec 2005 but you delayed until Sept-Oct 2017 to get round to responding. If you check, you chose to dismiss it without first confirming the complaints and without any contact or question of evidence.

I might point out again the PHSO as a service in the UK it is obliged to operate a complaints service and investigate all cases of harm contravening law and rights of citizens and users. Is it not an abuse in itself to refuse complaints? This can be reasonably construed as further abuse adding to original harm and trauma caused by PHSO (and your knowledge of this is recorded by users).

So far, the PHSO rejects this responsibility and that is why my question was put. It appears you do not record or investigate these matters as you have indicated "no data held".

To clarify: PHSO steps taken to combat stigma of staff towards disabled and incapacitated complainants as previously complained;, discrimination by staff in the processes against clear disability, and mental abuse by staff in continued actions of abuse in these areas.

Please note: The abuse is not in my asking but in your refusal to deal; and that is the law in your jurisdiction I believe but please correct me if PHSO is above UK law. Please will you state otherwise why the PHSO singularly does not have insight, accountability and redress in this area. Your operational policies do not appear to require this; as given or as executed.

- You have had complaints of the above (e.g. my own case known to PHSO).
- You are saying you have no record of the above abuse.
- Please will you explain why you do not keep record of these?

If the PHSO cannot be transparent in these matters it indicates a severe breach of trust and accountability, I would suggest.

TRANSPARENT RESPONSE WELL OVERDUE - BOARD LEVEL REVIEW REQUESTED

Yours faithfully,

C Rock

Dear Parliamentary and Health Service Ombudsman,

This request is well overdue for transparent response.

I note you last stated "Your request appears to be regarding situations where you believe complainants have been harmed by PHSO “abuse”. To clarify and confirm, the PHSO does not consider itself to have abused any complainants.

I confirm it is the situation where the PHSO has abused and harmed a complainant. It is the case that this abuse and harm has been repeatedly reported to the PHSO, and where the PHSO refuses to investigate on the basis of his (delegated) assumption that the PHSO does not consider it abuses and harms complainants. Part of the abuse is related to my question.

It is not clear to me why the PHSO has no robust or compliant procedures to prevent this continuing. That is: Stigma in by complaint-type; Discrimination in disability; Mental abuse in false assumptions made, vagary in argument, concealment against transparency, blame of expectation, ignorance of NHS and PHSO principles and procedures.

It is not good enough to report "the PHSO does not consider itself to have abused any complainants".

"As If" is not a clear or considered response.

Please review and respond in line with PHSO Principles as published in your promotional literature.

Yours faithfully,

C Rock

Dear Parliamentary and Health Service Ombudsman,

UPDATE: I appreciate that there are pressing and important matters concerning PHSO operations during the current coronavirus situation.

However, my lay understanding in FOI and apparent inability of the PHSO to update me with words indicating progress and status of request(s) as placed does not appear to excuse such delay responding at each step and/or claim that each step might reset the FOI clock on the original request.

Nota Bene: With matters ongoing I will point out that under PHSO terms as a non-exempt public service, it will be maladministration if not illegal to employ treatments, measures or tactics that shall harm persons without their personal or delegated consent. I sincerely hope that it is not with PHSO intent to play on persons' stresses; traumas; disabilities; or to avoid or delay response; to use tactic; or be disingenuous; against UK Equality Act 2010.

Please ensure to review this request in line with FOI procedures at the earliest time with regard to delayed response to requests and clarifications.

Timescale (current coronavirus situation): Please provide an estimated target date for response to be taken into consideration if this request is escalated beyond the PHSO.

I believe this request to be reasonable and for me to be kept up to date with contingency plans.

(The PHSO is fully aware of disabilities in avoidable bereavements post-NHS negligence, and cannot claim otherwise, it being Duty under the Act to be proactive in disability matters. I claim that PHSO has previously demonstrated and continues to demonstrate failures under Act and yet claims exemption by inference.)

Yours faithfully,

C Rock

M Boyce left an annotation ()

I agree C Rock that although the Coronavirus crisis is obviously and rightly curtailing the operation of the PHSO, it should not halt it altogether. That, however, appears to be what is happening. The Chamber President of the First-tier Tribunal has informed me in writing that the PHSO is closed for business until at least the end of April. It is difficult to understand why some PHSO staff cannot work from home, particularly on non-NHS issues. Lock down must not mean total shut down.

M Boyce left an annotation ()

Sorry, that should read the FTT has told me that the ICO is closed for business, NOT the PHSO. I did phone the ICO to check and they said they couldn't tell me whether they were closed or not!

J Roberts left an annotation ()

When the dust settles, it would be interesting to see how the sickness absense of ICO staff compared with that of NHS staff.

C Rock left an annotation ()

Thank you for your comments.

Homeworking: When after a delay of 4 years and persistent enquiries, the PHSO finally allocated a worker (to look at complaints of PHSO mocking, derision, neglect of Equality law & resultant harm), they disappeared from contact without complaint verification or a single question being asked. They suddenly appeared weeks later with predictable findings: "As If..." to all charges.

I am sure PHSO workers are regularly granted homework -- off focus and away from pertinent reference materials -- as and when it suits PHSO devious agenda. But in that case it would be 'business as usual', no doubt.

Dear Parliamentary and Health Service Ombudsman,

WITH REGARD TO INTERNAL REVIEW
NIL response at this time.

RECAP: You confirmed above that "the PHSO does not consider itself to have abused any complainants, and responses given are based on PHSO staff communicating with complainants regarding difficult, traumatic and sensitive subjects and also requests for reasonable adjustments in line with the Equality Act."

PLEASE EXPLAIN: "PHSO does not consider itself to " abuse.

NB It is the law in UK - that a service takes the steps I refer to. It is the law in this country that services must have a system for complaint and response, and not an 'assumption' as you reply.

It implies that the PHSO has no recourse or system for investigation of these harms; and has no plans, or Steps or apparently Desire, to combat stigma, discrimination or mental abuse or harm where this occurs. You also imply that the only recourse you allow is through the 'abuser' and then go on to scope-out personal abuse.

You have been made aware that it does occur however, and I brought this to your notice (in writing) in December 2013, and more seriously so since that date including several opportunities to redress.

Since that time in which the PHSO has refused to deal with it without further discrimination and bias, I have noticed that it has become much worse. I have to assume that the service actually has become worse under the current PHSO, or that it is intentional against complainants in general OR, to ME in particular because I have complained about it. I have detected as distinctly distasteful tone in late communications with the PHSO offices with serious implications of further harm - duly committed.

In any case it is illegal and unacceptable that it continues. It flouts UK Law as set Acts of Parliament, and in Human Rights to be treated respectfully with regards to abilities.

From 2015 onwards no steps have improved particularly with managing and sustaining a high level of mental harm; and the PHSO still offers no insight or recourse. Hence my question.

Would it help the PHSO to respond to separate and more direct individual questions within FOI scope to be publicised, in PHSO failure of clear and transparent dealings without continuos ambiguity and opacity?

I NOTE: At present it appears to me that you wish to continue in the line of denial, discrimination and harm through your current Policies. This was obvious as your stance in an investigation 2015-2016 and a 'personal' and specific PHSO reviews in 2017-2018, when none of my complaints was addressed.

Yours faithfully,

C Rock

InformationRights, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request.

If you have made a request for information under the Freedom of
Information Act 2000 or Environment Information Regulations 2004, we will
respond to your request within 20 working days in accordance with the
statutory time frames set out in both Acts.

If you have made a request for personal information held by the PHSO, your
request will be processed as a Subject Access Request under the provisions
of the Data Protection Act 2018 and will be responded to within one
calendar month in accordance with the statutory time frame set out in the
Act.

We may contact you before this time if we require further clarification or
if we need to extend the time required to complete your request.

For Subject Access Requests, we will send any personal information via
secure email, unless you instruct us differently. To access the
information on the email we send, you will need to sign up to our secure
email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...

If you require us to post your personal information to you instead you
will need to inform us of this and confirm your current address as soon as
possible.

Angharad Jackson
Data Protection Officer & Assistant Director Information Assurance
Office of the Parliamentary and Health Service Ombudsman
PHSO CityGate
47-51 Mosley Street
Manchester
M2 3HQ
[email address]

Quinn Karl, Parliamentary and Health Service Ombudsman

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Dear FOI and Review officers

You stated: "If you have Egress installed, simply open the attachment. "

Note that this is at least the third time you have been advised and it is on record that I do not use "Egress" or "Switch". This platform is for public benefit and comment on important issues in public interest - Therefore please place your unencoded response here at WhatDoTheyKnow where my questions have been raised. I release any perceived permission of confidentiality in all but contact and location details, for you to do this.

It is also on record with the PHSO that my complaint of NHS negligence in care leading to death of my son Nick aged 29, was placed in mid-2009 and as yet no case-relevant complaints placed, have been resolved. The PHSO choses to be unresponsive in this, and it now clear why.

I advised you that your draft resolution 2015 was "trash" for reasons I gave at the time, and will become obvious when I publish this in the light of information withheld by BSMHFT and PHSO at the time. I identified falsehoods of fact from high to low levels, and more personal abuse of my trauma from which I will never recover, and still seek treatment.

The PHSO has consistently and illegally abused its position, procedures and assumed power to lie, mock denigrate and take advantage of a thus disabled mental state, in failing to appreciate and conclude matters in eleven years. Your harmful, greatly delayed, final draft was colluded with the authority concerned BSMHFT through liaison and bartering with the offending NHS Trust CEO accepting an 'agreed' settlement for a failure which was not their responsibility to provide, and was not part of my substantive complaint. Yet it was worse than that.

Through DPA SAR both parties have revealed information which when combined proves the illegality of your conclusions in accepting lies i.e. totally opposing statements made by professionals at that NHS Trust BSMHT with intent to pervert 'justice' and excuse their individual parts in my son's negative care.

Inept PHSO investigation failed to notice that fact in the haste for closure with NHS agreements with GPs and Secondary Services. That 'closure' was not in line with your role or core purpose as funded by the taxpayer.

Further handling by peremptory and dismissive caseworker 2017 to look specifically at abuse over eight years was again dismissive, and abusive against any intelligence or my legal rights; then a further review as promised and expected from PHSO R Behrens added nothing of any value in its negative tone and lack of content. My responses to that were then unilaterally blocked (against my legal right of complaint) by the same single person.

Your SAR record will show that I specifically asked to see Behrens' 'review' but was told that nothing existed to see. It appears that there had been opacity or lies from top level. There was no mention of primary complaints and why I had been misled over findings now revealed long after the fact. It is now very clear that NHS parties and PHSO caseworkers were intentionally 'deaf' to the evidence they held, or could manipulate for want of scarce contemporary documentation by GPs and BSMHFT.

I have asked for the case as you handled it to be quashed for very obvious reasons and provable by the very documents you or the parties held - and which I also hold. My suspicions of previous lying are now entirely founded.

You also inferred that somehow I had received "Compensation" for my son's negligent care - and this is another lie and abuse.

I require your public response to these questions to form my serious complaint of lying to Government PACAC in a final opportunity for closure for me, for PHSO edification for the public good and to stem the deaths and waste of young persons for the same cause.

I will also expect a public apology, if the arrogance of the current PHSO management can bear to understand and realise the unending pressures year-on-year placed on complaints through its actions of abuse in various manners and contrivances.

I have only the strength now to publish all evidence in the light of the above, as and when I am mentally able.

Please supply the information or a date for compliance with this FOI, considering the current operating climate. I am not in any position to tolerate any continuation of your vagary; and I will not. Eleven years' waiting has destroyed my retirement; your candour and insight is yet to be demonstrated.

Yours sincerely,

C Rock

Dear Quinn Karl,

I am closing this question Refused due to unresolved in equivocal answer and in breach of FOI.
It has been made very obvious that PHSO has been in breach of Equality and Disability law in UK for the entire time of my experience and I am passing my complaints on to PHSO financing body.

Yours sincerely,

C Rock

Quinn Karl, Parliamentary and Health Service Ombudsman

I'm on annual leave 29/30 Oct 2020. If you have an urgent enquiry please
send it to the '[PHSO request email] ' mailbox. 

 

Karl Quinn