Wirral - AKA REPORT

Rossell Conner made this Freedom of Information request to Care Quality Commission

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Care Quality Commission,

You will be aware that, in January 2012, an independent investigation was commissioned by Wirral Council arising from the serious concerns of a Whistleblower. The investigation was undertaken by Anna Klonowski Associates and the subsequent report is colloquially referred to as the ‘AKA Report.’

The report discloses the perpetration of abuse at a range of supported living services.

The report identifies ‘Service Provider 4’ a now, fortunately defunct, supported housing service and details the considerable abuse that occurred at this service by ‘Service Provider 10’, the proprietor of Service Provider 4.

The report further states that, in regard to Service Provider 10, he “also ran Service Provider 27, a care home with both older and younger persons sections”

The abuse that occurred at the hands of Service Provider 10 is described below:

“He first became aware of Service Provider 4 in May 2004 because concerns
were raised with him by Cambridge Road Day Centre managers about a service
user who had been making allegations of financial abuse and ill treatment by
his/her landlord, Service Provider 10”

“This ill treatment amounted to lack of heating and food in his/her and that the manager of the “service”, Service Provider 10, was verbally abusive and intimidating”

“…outstanding memory of this discussion concerned the service user’s finances, in that he/she carried about him/her at all times, a bag of loose change. He/she alleged that Service Provider 10 would come to XXXX, take the bag off him/her and take the money out of it without any explanation or justification; he/she would leave the property and drive home
in his/her Bentley with personalised number plates.”

“the tenants were clearly unhappy where they were living and there were grave concerns about how their finances were managed and how they were being treated (especially by Service Provider 10).”

“In July 2005 the initial (but separate) strategy meeting in relation to Service
Provider 27 (a residential establishment run by Service Providers 10 & 11) took place, chaired by Employee 39, because Service Provider 10 had attempted to set up 9 savings accounts. All the signatures were in the same handwriting however.”

“On 6 September 2006 an initial strategy meeting was held for Service User 16 who had been moved from Service Provider 4. The issue of concern was that Service Provider 10 may have been “robbing him/her of his/her money”, and there were further concerns as to where his/her medication had gone.”

“The DWP should already be aware of the concerns around Service Provider 10
– Miscellaneous 6, DWP fraud investigator, was involved in the adult protection investigation into Service Provider 10’s residential homes with us in 2005 (called as a result of Miscellaneous 7 building society alerting us following an application by Service Provider 10 to open 9 liquid gold savings accounts, supposedly for service users, all with the same signature).”

“All three tenants told me they did not like living at Seabank Road, Service User
18 was inconsolably crying and pleading with me to help him/her move out. The previous night Service Provider 10 called round and frisbeed his/her envelope of money at him/her which fell on the floor.”

“The report details how Service Provider 10 physically removed a support worker who had been commissioned by SP out of the building.”

“Evidence of Service Provider 10’s deceased husband/wife still being appointee and his/her bank account still being used to handle monies, this came from Miscellaneous 6 in the DWP Fraud team”

“Another concern raised was the fact that the tenants are unsure if their
Carer will turn up because Service Provider 10 will not let them in, or indeed if
Service Provider 10 will even turn up. Service Provider 10 is allocating monies to feed and look after them, however Employee 98 mentioned that they are in no way receiving the appropriate food amount for the money that is being given to Service Provider 10”

“Service Provider 10 physically removed a care worker from Seabank Road. This
particular incident upset all the residents involved particularly because of the
physical nature of Service Provider 10’s actions”

I am aware that on the 26th July 2013, CQC undertook an inspection of Service Provider 27 and, in your report of the 28th July 2013, identified that the service was meeting your standards. The report clearly identifies Service Provider 10 as the Registered Provider.

For clarity: Service Provider 27 refers to Newhaven Care, Wallasey, Wirral

Clearly, if the findings of the AKA report are correct, then Service Provider 10 (the Registered Provider of Service Provider 27) has perpetrated significant abuse on vulnerable people. It would be the public expectation that no such individual should be permitted to continue to work with vulnerable people and yet, it would appear that this is not the case.

I would therefore be grateful if CQC provides me with all documentation regarding their decision to continue to register Service Provider 27 despite the conduct of its registered provider

Yours faithfully,

Rossell Conner

Steven King left an annotation ()

Hi Rossell,
It was good to see you have given the CQC so much detailed information ( and I wonder if they may raise an Adult Safeguarding alert with your local council ? ) , but may I suggest at this early stage you maybe modify this request by sending a supplementary FOIA email here, and ask for additional specific information they may hold that is of interest to you - as I fear in its current form you may find yourself waiting 20 or more working days - only to be told CQC only look at information in the 12 months preceding their inspection - and nothing earlier.
I think it would be time well spent for you to look at some similar requests to CQC here , and to see the responses those requestors were given then send your supplementary email.
I trust this will be of assistance to you,
Good luck !

Information Access, Care Quality Commission

Dear Mr Conner

 

We thank you for writing to CQC and we acknowledge your correspondence
dated 12 November 2014, where you asked to be provided with information.

 

Your request is as follows:

 

“Re: AKA Report on Wirral Council

 

Copies of all documentation regarding their decision to continue to
register Newhaven Care, 20 Penkett Road, Wallasey, CH45 7QN despite the
conduct of its registered provider.”

 

We can confirm that your request is now being processed in accordance with
the Freedom of Information Act 2000 (FOIA).

 

CQC will endeavour to respond to you as soon as possible, but must legally
do so within 20 working days from the date of receipt of your request as
required by FOIA.

 

You can therefore expect a response from CQC by no later than the close of
business on 10 December 2014. Some of the information requested may be
exempt from disclosure under FOIA. Should this occur, we will fully
explain the reasons why when we respond.

 

If CQC are unable to provide the information by the statutory deadline, we
will inform you before the deadline.

 

We also note that you are asking for an explanation for the outcome of the
inspection we undertook on 26^th July 2013 as it identified that the
service was meeting the standards and continued to be registered with CQC
despite the conduct of the registered provider in relation to the abuse of
vulnerable people as noted in the AKA Report.  This will also be addressed
when we respond to your request for ‘recorded’ information under the FOIA.

 

At this stage it may be helpful to explain the purpose of the Freedom of
Information Act 2000 (FOIA).

 

Purpose of the Freedom of Information Act 2000

 

The purpose of FOIA is to ensure transparency and accountability in the
public sector. It seeks to achieve this by providing anyone, anywhere in
the world, with the right to access any recorded information held by, or
on behalf of, a public authority.

 

FOIA provides a right of access to “recorded” information not actual
documents.

 

A disclosure under FOIA is described as “applicant blind” meaning that
disclosure under FOIA is a disclosure into the public domain not to any
one individual.

 

FOIA also recognises that there may be valid reasons for withholding
information by setting out a number of exemptions from the right to know,
some of which are subject to a public interest test.

 

When a public authority, such as CQC, refuses to provide information, it
must, in accordance with section 17 of FOIA, issue a refusal notice,
explaining why it is unable to provide the information.

 

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

 

Yours sincerely

 

Pamela Coxon
Information Access Officer
Legal Services and Information Rights

Customer and Corporate Services Directorate
CQC
Citygate
Gallowgate
Newcastle Upon Tyne NE1 4PA
Telephone: 0191 233 3552
Internal: 333552

The Care Quality Commission is the independent regulator of all health and
adult social care in England. [1]www.cqc.org.uk. For general
enquiries, call the National Customer Service Centre (NCSC) on 03000
616161 or email [2][email address].
 
Statutory requests for information made under access to information
legislation such as the Data Protection Act 1998 and the Freedom of
Information Act 2000 should be sent to: [3][CQC request email].

 

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References

Visible links
1. http://www.cqc.org.uk/
2. mailto:[email address]
3. mailto:[CQC request email]

Charlotte Peters Rock left an annotation ()

Obvious abuse. Please act, CQC!

Martin Morton left an annotation ()

Hi Rossell (!)
This is a personal bug bear and I know it is a title of convenience but I find the reference to the AKA report infuriating.
The title of the report published in January 2012 is "Independent Review of Wirral Borough Council's Response to Claims Made by Mr.Martin Morton (and others)" .
I am particularly infuriated as in my view AKA failed to fully investigate my claims and hence why matters such as this are still being raised.
Also failing to investigate my original whistleblowing claims (including the above) were the Care Quality Commission! (and I have the correspondence to prove it) so I'd like to wish you the very best of luck with this particular request!.
Regards,Martin Morton

Rossell Conner left an annotation ()

Apologies Martin....you are entirely correct....as you say it is merely a title of convenience and, as unfair as it is, the title that most people are aware of.

Information Access, Care Quality Commission

1 Attachment

Dear Mr Conner

 

Thank you for your correspondence of 12 November 2014 in which you made a
request for access to recorded information.

 

You requested:

 

“Copies of all documentation regarding CQC’s decision to continue to
register Newhaven Care, 20 Penkett Road, Wallasey, CH45 7QN despite the
conduct of its registered provider, Wirral Council.”

 

CQC does not hold any correspondence between CQC and Wirral Council
relating to the AKA report.  We have nothing to add to the public record.

 

We can advise you that we undertook an inspection of Newhaven Care on
26^th July 2013 prior to which we looked at the records we hold, spoke to
stakeholders and had no information of concern on file regarding this
service provider. 

 

The CQC reports relating to this location are available on the CQC website
at [1]http://www.cqc.org.uk/location/1-1266354... I am attaching a copy
of the most recent report for your convenience. 

 

Advice and Assistance

 

You may wish to make a request for information to the registered provider,
Mr Danny So, in relation to this matter as he may have had contact with
Wirral Council on this subject.  His contact details are:

 

Mr Danny So

5-7 Sunningdale Road,
Wallasey,
Merseyside,
CH45 0JU

 

Telephone

(0151) 639 6420

 

CQC is currently carrying out checks on locations registered by this
provider using our new way of inspecting services. We will publish the
reports when our checks are complete.

 

Feedback

 

CQC will always endeavour to provide the highest quality responses to
requests for information and seek to provide responses that are as helpful
as possible. We would therefore appreciate if you can complete our online
feedback form by visiting the following website:

 

[2]http://webdataforms.cqc.org.uk/Checkbox/...

 

Any information you provide will be held securely and only used for the
purposes of improving the Information Rights service that CQC provide.

 

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

 

Yours sincerely

 

Pamela Coxon
Information Access Officer
Legal Services and Information Rights

Customer and Corporate Services Directorate
CQC
Citygate
Gallowgate
Newcastle Upon Tyne NE1 4PA
Telephone: 0191 233 3552
Internal: 333552

The Care Quality Commission is the independent regulator of all health and
adult social care in England. [3]www.cqc.org.uk. For general
enquiries, call the National Customer Service Centre (NCSC) on 03000
616161 or email [4][email address].
 
Statutory requests for information made under access to information
legislation such as the Data Protection Act 1998 and the Freedom of
Information Act 2000 should be sent to: [5][CQC request email].

 

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References

Visible links
1. http://www.cqc.org.uk/location/1-126635477
2. http://webdataforms.cqc.org.uk/Checkbox/...
3. http://www.cqc.org.uk/
4. mailto:[email address]
5. mailto:[CQC request email]

Dear Care Quality Commission,

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

I am writing to request an internal review of Care Quality Commission's handling of my FOI request 'Wirral - AKA REPORT'.

You state that CQC hold “no information of concern on file regarding this service provider”

Whilst the saga of Service Provider 4, 10 and 27 did largely predate the establishment of the CQC, it is understood that the CQC was formed through the amalgamation of the Healthcare Commission, the Mental Health Act Commission and the Commission for Social Care Inspection – It was this agency (CSCI) who were involved in the various adult protection investigations relating to the alleged abuse of vulnerable people by Mr. Danny So

For example, the AKA report makes the following quote:

“On 30 September 2005, another strategy meeting was held in relation to Service Provider 27 involving the Police, CSCI, Job Centre Plus (Fraud), and colleagues from DASS. At this meeting CSCI had clearly been able to undertake a more in-depth analysis of the financial administration of Service Providers 10 & 11 and
there were significant inadequacies and questions raised. As a result CSCI requested appointee/guardianship documentation and concluded that these had been falsified.”

Therefore, according to the AKA report, CSCI had concluded that in respect of the Service Users under the care of Mr. Danny So, their appointee/guardianship documentation had been falsified.

I am concerned by your response which seems to suggest that, as CQC hold no information of concern about this Provider, there was a failure on the part of CSCI/CQC to ensure that adult protection concerns regarding registered services were not transmitted during the transition of regulatory agencies.

In view of this, I am requesting an internal review into my request for information.

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

Yours faithfully,

Rossell Conner

Information Access, Care Quality Commission

Dear Mr Conner

 

We are writing to acknowledge your correspondence dated 4 December 2014 in
which you asked the Care Quality Commission to review the decision on the
information provided to you.

 

Your original request for information was received by CQC on the 12
November 2014 and was responded to on the 3 December 2014.

 

Your review requested:

 

‘I am writing to request an internal review of Care Quality Commission's
handling of my FOI request 'Wirral - AKA REPORT'.

 

You state that CQC hold “no information of concern on file regarding this
service provider”

 

Whilst the saga of Service Provider 4, 10 and 27 did largely predate the
establishment of the CQC, it is understood that the CQC was formed through
the amalgamation of the Healthcare Commission, the Mental Health Act
Commission and the Commission for Social Care Inspection – It was this
agency (CSCI) who were involved in the various adult protection
investigations relating to the alleged abuse of vulnerable people by Mr.
Danny So

 

For example, the AKA report makes the following quote:

 

“On 30 September 2005, another strategy meeting was held in relation to
Service Provider 27 involving the Police, CSCI, Job Centre Plus (Fraud),
and colleagues from DASS. At this meeting CSCI had clearly been able to
undertake a more in-depth analysis of the financial administration of
Service Providers 10 & 11 and there were significant inadequacies and
questions raised. As a result CSCI requested appointee/guardianship
documentation and concluded that these had been falsified.”

 

Therefore, according to the AKA report, CSCI had concluded that in respect
of the Service Users under the care of Mr. Danny So, their
appointee/guardianship documentation had been falsified.

 

I am concerned by your response which seems to suggest that, as CQC hold
no information of concern about this Provider, there was a failure on the
part of CSCI/CQC to ensure that adult protection concerns regarding
registered services were not transmitted during the transition of
regulatory agencies.’

 

Your request is now being processed in accordance with CQC’s internal
review procedure for requests made under information legislation.

 

CQC endeavours to respond to requests for an internal review within 20
working days. You can therefore expect a response by close of business 7
January 2015.

 

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

 

Regards

 

On behalf of:

Simon Richardson

Information Rights Manager

 

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

Statutory requests for information made under access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to:  [1][CQC request email]

 

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References

Visible links
1. mailto:[CQC request email]

Information Access, Care Quality Commission

1 Attachment

6 January 2015

 

Our Ref: CQC IAT 1415 0649

 

Dear Mr Conner

 

I am writing in response to your correspondence dated 4 December 2014 in
which you asked CQC to review the decision on the information provided to
you.

 

Your original request was received by CQC on the 12 November 2014 and was
responded to on the 3 December 2014.

 

Your request has been processed in accordance with CQC’s internal review
procedure for requests made under information legislation. Our response to
the review is given below.

 

In our original response to you, we stated that CQC had no information of
concern on file regarding this service provider and we did not hold any
correspondence between CQC and Wirral Council relating to the AKA report.
I am of the view that this statement only related to current information
of concern.

 

We also provided a link to Newhaven Care’s current registration and
inspection reports. In terms of our current regulation of the service I
believe there is no information of concern held, and as such there are
currently no grounds for CQC to take enforcement action against the
provider.

 

However, given the additional details you provided when you requested your
internal review, I looked into the regulatory history of the service and I
have found the following in relation to two services in Wirral with
Newhaven in their name, both of which were owned by Mr So, the provider.

 

Newhaven, 5 Sunningdale Road, Wallasey, Wirral, CH45 0LU

 

CSCI Service Number: 0000018915

CQC Location ID: 1-126635463

First Registered: 23 December 1992 under the Registered Homes Act 1984

Registration under the Care Standards Act 2000: 30 July 2002

CQC Location Profile: [1]http://www.cqc.org.uk/location/1-126635463

 

The table below shows that our predecessor CSCI and CQC visited this
service on 12 occasions between 2003 and 2010.

 

Site Visit Date Final Report Date Quality Rating Inspection Type
17/02/2010 30/03/2010 2 Stars - Good Annual Service Review
27/02/2009 04/09/2009 2 Stars - Good Annual Service Review
27/02/2008 02/05/2008 1 Star - Adequate Key Unannounced
07/09/2007 19/09/2007 2 Stars - Good Random Unannounced
08/01/2007, 12/03/2007 1 Star - Adequate Key Unannounced
09/01/2007 &
17/01/2007
27/06/2006 23/08/2006 0 Stars - Poor Key Unannounced
06/03/2006 02/05/2006 1 Star - Adequate Unannounced
22/08/2005 24/10/2005 2 Stars - Good Announced
09/02/2005 03/05/2005 1 Star - Adequate Announced
17/08/2004 10/12/2004 1 Star - Adequate Unannounced
24/02/2004 28/06/2004 1 Star - Adequate Announced
11/09/2003 10/11/2003 1 Star - Adequate Unannounced

 

I have attached these reports for your information as these will detail
where CSCI did have concerns about the service and/or provider. Much of
the supporting information (such as inspection notes, plans, etc.) is no
longer retained by CQC.

 

Newhaven Care, 20 Penkett Road, Wallasey, Wirral, CH45 7QN

 

CSCI Service Number: 0000018916

CQC Location ID: 1-126635477

First Registered: 21 February 1991 under the Registered Homes Act 1984

Registration under the Care Standards Act 2000: 30 July 2002

CQC Location Profile: [2]http://www.cqc.org.uk/location/1-126635477

 

The table below shows that our predecessor CSCI and CQC visited this
service on 15 occasions between 2003 and 2010.

 

Site Visit Date Final Report Date Quality Rating Inspection Type
26/01/2010 01/03/2010 2 Stars - Good ASR
23/01/2009 04/03/2009 2 Stars - Good ASR
23/01/2008 31/03/2008 1 Star - Adequate Key Unannounced
23/01/2007 & 12/03/2007 1 Star - Adequate Key Unannounced
25/01/2007
05/06/2006 07/08/2006 0 Stars - Poor Key Unannounced
08/03/2006 15/05/2006 2 Stars - Good Unannounced
30/09/2005 No Records Held Not yet rated Follow Up Visit
12/09/2005 No Report produced – Not yet rated Pharmacist
see letter of 12 Inspection
September
30/08/2005 No Report produced – 0 Stars - Poor Adult Protection
see letter of 31 August Visit
25/08/2005 No Report produced – Not yet rated Adult Protection
see letter of 31 August Visit
01/08/2005 10/10/2005 2 Stars - Good Unannounced
15/02/2005 03/05/2005 2 Stars - Good Unannounced
05/05/2004 30/06/2004 2 Stars - Good Unannounced
17/11/2003 08/01/2004 1 Star - Adequate Announced
26/06/2003 04/09/2003 1 Star - Adequate Unannounced

 

Where a report was produced, I have included these reports for your
information as these will detail where CSCI did have concerns about the
service and/or provider. Sometime no public reports were produced and
there was correspondence with the provider relating to the visit. There
are no records of a visit taking place on 30 September 2005. Much of the
supporting information is no longer retained by CQC.

 

Any ratings stated in the above tables for any reports prior to 2008 were
not published ratings and were only an indicative rating awarded
retrospectively once the rating scheme was introduced. You can find
further details about the CSCI ratings scheme here:
[3]http://webarchive.nationalarchives.gov.u...

 

Conclusion

 

The AKA report looked at issues within Wirral Council around 2005. I am
satisfied that CQC has no recorded information about any discussions that
took place following its publication in 2012.

 

From the wording of your original request, I believe what information you
were specifically looking to obtain could have been open to
interpretation. It is my belief that my colleague and the inspector have
interpreted your request as being for information about the current
compliance of the service Newhaven Care, rather than any historical
issues.

 

Upon considering the additional information provided at internal review, I
am of the view that your request relates to historic concerns which will
have been managed by CSCI. I have therefore chosen to provide additional
information by way of the inspection reports for both services operated by
Mr So.

 

Upon reading the inspection reports and other documents provided, you may
wish to request further information from CQC. We will gladly consider a
further request from you.

 

However, due to the length of time since the original concerns we are
unlikely to hold the detail you may be seeking. CQC cannot re-open or
investigate historic concerns about a service. We would only look at
current concerns which may exist about the service.

 

If you do have concerns about the current operation of the service this
can be shared with CQC at the following link:
[4]http://www.cqc.org.uk/content/contact-us

 

Following the completion of your review further rights of appeal exist to
the Information Commissioner’s Office under section 50 of the Freedom of
Information Act 2000.

 

The contact details are:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

 

Telephone: 01625 545 745

Website: [5]www.ico.org.uk

 

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

 

Kind regards

 

Russell Wynn

Senior Information Access Officer

Legal Services & Information Rights

Care Quality Commission

Citygate
Gallowgate
Newcastle Upon Tyne, NE1 4PA

 

Telephone: 0191 233 3587

Fax: 03000 200 240

The Care Quality Commission is the independent regulator of all health and
adult social care in England. [6]www.cqc.org.uk. For general
enquiries, call the National Customer Service Centre (NCSC) on 03000
616161 or email [7][email address].
 
Statutory requests for information made under access to information
legislation such as the Data Protection Act 1998 and the Freedom of
Information Act 2000 should be sent to: [8][CQC request email].

 

show quoted sections

References

Visible links
1. http://www.cqc.org.uk/location/1-126635463
2. http://www.cqc.org.uk/location/1-126635477
3. http://webarchive.nationalarchives.gov.u...
4. http://www.cqc.org.uk/content/contact-us
5. http://www.ico.org.uk/
6. http://www.cqc.org.uk/
7. mailto:[email address]
8. mailto:[CQC request email]