Uncorroborated views given as Evidence in negligence cases

Waiting for an internal review by Birmingham and Solihull Mental Health NHS Foundation Trust of their handling of this request.

Dear Birmingham and Solihull Mental Health NHS Foundation Trust,

This is a public request of the Trust related to BSMHFT fraudulent information sharing.
It appears that people in BSMHFT have been sharing unsupported views and opinions related to maltreatment and ultimate death of my son, in an escalated investigation with the Health Services Ombudsman (PHSO). Opinions were employed to influence an offensive and provocative outcome in PHSO reports.

Your CEO (J Short) admitted failings (2016) to identify and involve carers (parents), as NHS policy and law states, and which headline Trust polices had promoted and had allocated resource for. Serious failings highlighted in the PHSO Draft report were missing, altered or removed as a result of unreliable evidence received from the Trust. Your CEO asked for them to be removed from the ‘independent’ PHSO review. Other critical failings, the PHSO decided too ‘difficult’ for them to investigate mainly due to NHS services not having recorded the events but relying on unsupported opinion. I now have significant recorded evidence of Trust demand to affect and ‘influence’ PHSO findings.

You may not be aware that I had complained about Solihull NHS negligence three times before my son died. Post Inquest, this led to a private claim of negligence in which the Trust backed down in settlement. I now find that similar and new opinions (claims), have been shared with the PHSO as ‘evidence’, and incorporated into the PHSO’s lay account of mental health treatment pathways, and NHS Patient expectation through prime purpose and charter.

No substantiation of these opinions was shown or given when I requested all the recorded information in personal DPA requests However, there was clear referral to ‘patient notes’ and ‘recollection’ by your staff; neither of which are legitimate ‘records of care’. I saw no records of care or evidence of patient discussions and decisions which led to Trust views
I requested information via this forum on 2/10/17, about ‘patient notes’ held by professionals. You stated “There is no standard practice and we would not expect to hold private records within the Trust… [i.e. patient notes have to be on-site; except category 2 [external commissioned reports held by consultants]”; and “Private records should not be kept on Trust property”.

No such notes were made available to me which substantiated opinions given to the PHSO, and to keep patient ‘case notes’ uncontrolled and off-site would necessarily be a data infringement in standard practice. But no such ‘notes’ were released.

(1) 11/03/19 - I hereby request the immediate withdrawal of this information (views, opinions, notes, unsubstantiated ‘claims’) put forward as ‘evidence’, in the dismissal of serious charges; including intimidation and abuse of vulnerable persons: all relating to:

- the negligent care leading up to tragic death of my son by suicide in 2008
- my personally-owned complaint as a result
- covert evidence given by the Trust
- new Trust ‘ideas’ of cause of death in variance from given verdict
- a collaborated (fraudulent) PHSO investigation and modified outcome

(2) Please elaborate on your statement “Private records should not be kept on Trust property” in relation to General Data Protection Regulations (GDPR)?

I will remind you of your refusal to allow me to discuss this with Chairperson (S Davis) as requested many weeks ago, and for the trivializing way in which this was handled by lay persons, including the Trust secretary and complaints manager, in several approaches. For obvious reasons it was not appropriate to speak to your Trust’s CEO on this matter.

Yours faithfully,

C Rock

C Rock left an annotation ()

BSMHFT & PHSO are fully aware that by having this issue unresolved through Trust & PHSO internal vagary—in common terms ‘sleaze’—for 10 years after my son’s death, has been an appalling; a desperately haunting and harming issue for me and my family. To see that my deceased son’s and my own experience is still the subject of uncorroborated and manufactured information, has been a revealing and physically sickening experience.

Trust and PHSO likewise have taken every liberty possible to flout policies and guidelines, in refusing to recognise even their own problems; putting service delivery in second place.

Neither have GPs nor Social Services been blameless; in slack procedures, poor communication, next-to-no record-taking, incorrect knowledge of procedures; only to use this to their advantage when ‘the chips are down’ against them.

IMO it’s indicative of a syndrome shown at the Trust and the PHSO where job protection and arrogance comes before patients, and before those who are the sufferers of their maladministration. Their actions can only strengthen opinions of those ‘sick’ Services.

Now, I understand that the Trust are about to launch a major 'self-initiative'—no doubt with good publicity—to start to address the negligence which ‘never happened’, and in which people lost lives, but complainants were worn-down and silenced by NHS/PHSO corrupt machinery.

Trust “Legal Settlement”: I still await clarification of this. To the Trust it is definitely NOT compensation since nothing was admitted to compensate for. To the PHSO it is compensation received and indicates ‘NFA’ ( no further action). The entire corruption and collaboration in this is intolerable and sends a strong message about BSMGFt “Care” and PHSO fitness for purpose.
I hope my comments can help others to demand better, before it’s too late.

FOIOffice (BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST), Birmingham and Solihull Mental Health NHS Foundation Trust

Dear Mr Rock,

Thank you for your email which we received on the 13 March 2019. Please note that as no information is being requested, it would not be a Freedom of Information request but instead would be a complaint. This will therefore need to be handled by the Trust’s Customer Relations department.

Please advise whether you want us to forward the complaint to the team on your behalf or if you would prefer to send it yourself. If you prefer to do this yourself, their contact information is as follows:

Email: [email address]
Tel: 0800 953 0045

Yours sincerely

Trust FOI Officer
e-mail: [Birmingham and Solihull Mental Health NHS Foundation Trust request email]
Direct Dial: 0121 301 1370

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You may consider part (1) as a request for urgent action. If you are still not clear what I am asking then please engage your Communications department, and I will publish details of the offence/s.

You may consider part (2) as a request based on the previous unclear request of 2/10/17 "Private notes taken by specialists", timed from 13/3/19 the date of the new request.

Yours sincerely,

C Rock

Dear Birmingham and Solihull Mental Health NHS Foundation Trust,

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

I am writing to request an internal review of Birmingham and Solihull Mental Health NHS Foundation Trust's handling of my FOI request 'Uncorroborated views given as Evidence in negligence cases'.

No response to this urgent question regarding Trust CEO J Short collaboration and passing of false information to PHSO to achieve corrupt case closure. There is an unanswered question (13/3/19) beyond due-by date. Personal complaints are being ignored by the Trust.

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

Yours faithfully,

C Rock

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