Blackheath
Hell on earth. Described as a “prison”
So at 2300 I began a 3 month nap.
What is a difficault time full of mixed emotions and relelection on the struggle being disabled has been…
I’m presented with…
However a special thanks to Joe Lynch – I’ve been reading all the updates and wishes.
I do not hide the fact I think the CQC are a bunch of self serving pointless paper pushers. I can’t however decide if they are better or worse than PHSO.
Today’s changes mean providers have to be open about mistakes when they happen new-regulations-and-responsibilities-cqc
April will bring significant changes to how we regulate the 49,500 health and adult social care providers and services across the country, which are dedicated to making sure people receive the best care possible at all times.
What they mean is
we don’t really care these powers are a publicity stunt, to make it look like we care
We end up with We failed elderly because we were too scared care home owners would sue us, watchdog admits
@CareQualityComm how would a ‘mistake’ be classified if you or PHSO don’t investigate ?
Its a valid question? In my ‘mistake’ the CQC did nothing so because I call it a ‘mistake’ is that enough? Without investigation the CQC can’t remain impartial and say its not.
I have also asserted it was done as “revenge” for complaints I made. Again without investigation the CQC can’t remain impartial and say its not.
So the CQC are having a difficult time defining “mistake”
@CareQualityComm @danielmcmorrow Hi – here’s a definition of Patient Safety Incidents. http://www.npsa.nhs.uk/nrls/reporting/what-is-a-patient-safety-incident/
Firstly that a definition of Patient Safety Incidents not a mistake.
Lets rephrase the question…
@CareQualityComm that was not the question. How do you define mistake without an investigation ?
Mr Daniel McMorrow
Flat 64Rosing ApartmentsBromley,
London,
BR2 9FN,
GB
Dear Care Quality Commission / FIO OfficerI’ve asked on twitter and been ignored so under Freedom Of Information, Under the Act you have 20 working days to respond to this request. You can respond in writing to above address or via email dmcmorrow@mage-net.net
I ask…
“How do you define mistake without an investigation ?”Your ‘new’ power http://www.cqc.org.uk/news/stories/new-regulations-responsibilities-cqc use the term “mistake”
Simply put a provide has no formal method of defining a mistake. So they cant be required to open about it.In my case a Dr wrote to my employer without my consent. I maintain this was revenge for complaints made while under their care.
You did not investigate therefor can’t remain impartial and say otherwise. Would this be classed as a mistake?To be clear I’m not asking about serious untoward incident (SUI) But the definition of “mistake” without investigation.
Daniel McMorrow
You may remember awhile ago my commenting on the totally inept PHSO Here
Well yesterday I got PHSO Letter 09-03-2015
Another well crafted letter that confirms ONLY that PHSO don’t read the full history of a complaint but instead look for any easy way out supporting the very organization they were setup to monitor.
Let take the letter apart….(for fun)
It is evident that Huntercombe Group were engaged to provide information to your employers about your fitness to work and the legislation that governs our work does not allow us to investigate such complaints. Quite simply, we do not have jurisdiction over the actions of Huntercombe Group in this capacity.
So that’s the ICO, GMC, CQC and PHSO who don’t have jurisdiction. So we have Data Protection Laws that no one enforces making the DPA a total joke.
You reiterate that you did not give permission for your information to be shared. However, it is evident from the papers that you did provide written consent to your manager in an email dated It seems this email confirmed that your employer could approach Huntercombe Group with regard to any medical questions they might have. I know that you dispute that you ever gave oral permission but the fact remains that you provided written permission.
Again this completely disregards the issue. The email in question is Email 23-07-2012 – I’ve edited this file to remove my former employers information.
Lets accepts for a minute this was permission (not that it was)
it does not explain
It also states “permission” was given to my employer, not to Blackheath
Its also ignore the fact Email 04-09-2012 would have removed permission suposley give on
We have now completed our review of your complaint and reached the end of our process. If you are still unhappy with our decision, and want to challenge it again, you will be able to do so only by applying for judicial review. Judicial review is a form of court proceeding where a judge reviews whether a decision or action made by a public body is lawful. There are time limits for this and you may incur costs. You may therefore want to take
Ah yes an unemployed young man who’s been on benefits for three years can clearly afford taking legal action.
lc329_ombudsmen.pdf
That document on last page (90) has a flow diagram box one hasdouments
“Has the complaint been properly referred to by MP”
Would may complaint have more sway if referred to by my MP? How is this fair? My MP is a total waste of space who has ignored me twice!
The understatement of the decade!
“Too often, public services regard complaints as a nuisance. They are nothing of the sort.
The Patients Association’s report found that:
* More than half of the patients claimed the PHSO “takes sides with the organisation it is investigating”
* Nearly half felt it was “unwilling to challenge” NHS organisations
* That the ombudsman “fails to investigate complaints fully”
* It “produces final reports full of inaccuracies”
* And it “makes patients feel like they are a nuisance for complaining
Health watchdog accused by patients of taking NHS’s side
How many reports dose it take before the PHSO admit they are evil!
Patient Association report referenced in above article.
PHSO-Labyrinth-of-Bureaucracy-Follow-Up-to-the-Patient-Association-PHSO-report.pdf
If the PHSO was a sick animal, it would have been put down.
NHS Ombusdman accused of major failings
On I sent Mr Jonathan Roper He responded on with…
I am very sorry to read of your concerns about our Office.
Firstly him “being sorry” is absolutely pointless My faith PHSO
is non-existent him doing his job in a professional manner would demonstrate his sincerity – but thats asking lot.
I will arrange for one of my team to carefully consider the correspondence you have sent us, which you attached to the email.
My letter was full of legal regarding the ‘powers’ of PHSO it needs to be reviewed by a lawyer!
We will contact you again about this as soon as possible. We will look to do this within the next two to three weeks and will keep you updated.
Maybe three weeks is different to the PHSO
http://www.ombudsman.org.uk/make-a-complaint/case-summaries/volume-2/parliamentary/man-moved-home-after-data-breach-by-jobcentre-plus
From the above we can concluded there was nothing for the PHSO to do.
Did the work.
They will love this as they can publish it as a “closed” case. It also begs the question why they can’t look at my case, which at its core is the same Breach of DPAf
I got a response form Mr Jonathan Roper, to say this email was pointless, would be nice.
My response To PHSO Letter 27-04-2015
On Friday 24th April 2015 Mr Jonathan Roper
Said…
I now have all the information I need to write to you. However, before doing this, I thought it appropriate to check if the points above have covered all your issues as I am keen to provide you with a full response.
On Wednesday 29th April 2015 Said
I will carefully consider its contents. I will provide my full written response to this letter and your previous one as soon as possible, but within the next two weeks.
So no matter the question the “stock” answer from PHSO is Two Weeks.
On Friday 29th April 2015 Mr Jonathan Roper
Said…
I will carefully consider its contents. I will provide my full written response to this letter and your previous one as soon as possible, but within the next two weeks.
So he had everything, then on he needed more time. I’m at a loss to explain the constant and endless delays.
Care Plan 25-04-2012 I was at Blackheath for a number of weeks.
While at Blackheath they put my left foot into a plaster cast to straighten my foot. I want it noted I agreed with this, and it has helped. But the form giving them permission to do this, is incomplete.
Form 19-07-2012
The two above medical errors have been reported to PHSO who have ignored it.
Another fantastic letter from Mr Jonathan Roper at the PHSO
PHSO Letter 20-05-2015
In your case, The Huntercombe Group are an independent provider and therefore we can only look at complaints about services they were commissioned by the NHS to provide to you. As we understand things, the Huntercombe Group were an independent provider commissioned to give you NHS care and treatment. On that basis we could look at a complaint about the treatment they provided to you that was funded by the NHS.
So I take from this as the NHS did not pay for my employer to break my privacy there is nothing the PHSO can/will do. Lets forget that my employer was the NHS.
When contracting services to independent providers like Blackheath. Are they not bound by rules?
1.This document is a guide to required practice for those who work within or under contract to NHS organisations concerning confidentiality and patients’ consent to the use of their health records. It replaces previous guidance, HSG (96)18/LASSL (96) 5 – The Protection and Use of Patient Information and is a key component of emerging information governance arrangements for the NHS.
2. For the purposes of this document, the term ‘staff ’ is used as a convenience to refer to all those to whom this code of practice should apply. Whilst directed at NHS staff, the Code is also relevant to any one working in and around health. This includes private and voluntary sector staff.
Confidentiality: NHS Code of Practice
So The NHS wrote this document but it don’t apply.
Lets also explore the fact that only because I was under the care of Blackheath could Dr Luff have written this letter.
Letter to Mrs Rachael Russell, Mr Jonathan Roper’s manager
To PHSO Letter 26-05-2015
Another POINTLESS and completely out of the blue, letter from the PHSO PHSO Letter 28-05-2015
Let take the letter apart….(for fun)
We are independent of both the NHS and government. We look at complaints fairly and do not take sides. We make decisions about whether we have seen mistakes, or if an organisation has acted correctly.
That is a LIE! In Letter PHSO Letter 09-03-2015 The PHSO attempt to defend the actions of Blackheath compleatly ignoring other emails.
We also try to resolve complaints quickly without the need to investigate, wherever possible.
They (the PHSO) do everything in their power not to investigate – thats true, mainly it involves stressing the person making the complaint so much they give up. They lie and cheat. And misinterpret everything.
If we decide not to investigate, we will clearly explain why
Yes. and when asked to clearly state the law you’re saying stops you from investigating you “forgot”
We aim to do this within four weeks. We will update you regularly, and will let you know if we think it might take longer.
Another LIE! I contacted the PHSO in November 2014 so far nothing!
Also as far as keeping me informed, It’s due to my relentless chasing, emails and phone calls.
The PHSO sent me a fantistic letter PHSO Letter 28-05-2015 it states…
We aim to do this within four weeks. We will update you regularly, and will let you know if we think it might take longer.
On I sent complaint to Mrs Rachael Russell about Mr Jonathan Roper and his careless attempt to fob me off.
Mrs Rachael Russell Said she would respond by . Today is no response.
It also states…
One of our customer service staff will carry out these checks, and will contact you very shortly to introduce themselves. They will let you know what they will be doing and how long this will take.
My definition of shortly is maybe 2 or 3 days – not 8 days.
Got Out-Off-Office from Mrs Rachael Russell shes away till
A total work of fiction today from Mr David Guy at The PHSO He explained
Mrs Rachael Russell had issues emailing on on
Mr Guy Kindly forward me the password (I use that term in the loosest possible way) and a PDF document.
I’ve worked in IT for 15 years. Firstly PDF files can be cracked depending on strength of the password can determine the time it takes to do this.. a password of “Pacific01” is NOT secure in any sense of the word.
www.passwordmeter.com gives this password a bit fat zero.
While Mrs Rachael Russell & Mr Jonathan Roper admit to “mistakes” with minutes & deadlines Mrs Rachael Russell found nothing wrong! I’m not surprised
In my complaint to Mrs Rachael Russell (To PHSO Letter 26-05-2015) We can quite clear identify unansewred questions. Mrs Rachael Russell has carrefuly avoided answering these. Make the PHSO completely unaccountable.
When dealing with the PHSO
EXPECT NOTHING
Upon reflection EXPECT NOTHING Was/Is a bit unfair. You can expect LIES, UNANSWERED QUESTIONS & STRESS
They will LIE and support each other. They will be a major source of stress! They will appear as if on your side, but that will quickly be seen as a ploy.
Join (phsothefacts.com) What really happens when you make a complaint to the Parliamentary and Health Service Ombudsman A true support group full of fantastic people. Warning some of the stories about the PHSO (and service they monitor) are truly shocking – You will be left asking how people at the PHSO sleep.
@PatientsAssoc: No consent and no accountability for the actions of staff on a #Patient while in Care #ComplaintsAPPG – http://t.co/S5weg5Poia
On the PHSO said they would be in contact with me regarding the medical “errors” at Blackheath (See above)…so far nothing!
@NHSConfed_Press: Read our response to the Parliamentary & Health Service Ombudsman report on NHS complaints http://t.co/FaPOXQ3ajW
report-on-selected-summaries-of-investigations
Like all good NHS documents it agrees change is need, but provides no insight into the changes or how they could be accoumplished.
It has the NHS sock phrase lessons that have been learned
Which has been used sooo much it’s lost all meaning.
Its not exactly a “response”, more of a limp (pointless) agreement.
FINAL_PHSO_Annual_Report_and_Accounts_2013-14.pdf
When i’ve stopped crying at how ridiculous that work of fiction is I’ll review…
I had a fantastic post – and lost it :(
A voice for change
This is a neurolinguistic tick. The word “voice” implies you have a voice and your concerns will be addressed. In my case I’m left with more questions after the PHSO did nothing.
Enquiries
Again more wordplay. “Enquiries” to me are simple questions ie. “what’s your postal address”. This large figure gives a distorted view of PHSO being busy
We completed 2,199 investigations, compared with 384 in the previous year
Again a fantastic statistics but the difference needs to be explained.
I’ve asked the PHSO to clarify the two above points in terms & definitions
The big one
854 were upheld in part or in full
so from 27,566 “Enquiries” only 854 were upheld.
Not exactly something you want to scream about.
Guess what?
the PHSO are useless. (as if we did not know that)
This letter is funny and only serves to prove the PHSO are a total joke.
You are looking for financial remedy to your complaint.
Errr. We have never discussed the remedy i’m looking for.
My first complaint I suffered a financial loss, so financial remedy is appropriate.
Saying this is another presumption – and one that needs to be answered
They have correct identified my complaint (a miracle) however they contradict themselves….
We have carefully considered the information you have provided and have decided not to take further action on your complaint.
and then…
I am afraid that we are unable to find evidence of any personal injustice arising from the events you complain of.
You can’t find “evidence” because you never looked. In 2012 Lewisham Adult Safeguarding used records to show Blackheath did nothing wrong, who’s to say these records were not altered? It’s a fact that Blackheath have got many medical facts wrong.
By doing nothing Blackheath are free to do this again.I was 1 of 3 people out of 18 patients that could talk.- My major concern is them doing this again.
My experience at RHN was fantastic. At a time where everything was utter chaos the RHN gave me hope. Had i gone to Blackheath I don’t think my views on life would be so positive.
Hah! DoH Just respoded to my FoI Request third_party_laws And as expected the PHSO lied!
hConfidentiality – NHS Code of Practice Dose apply to third party providers.
In response to questions, E, E1, E2, E3 and F. Firstly, yes the attached Confidentiality Code of Practice does apply to all providers of NHS care, whether they are NHS or non-NHS providers.
They also confirm…
It is a criminal offence to breach the Data Protection Act (1998) and doing so can result in imprisonment. The Human Rights Act (1998) also states that everyone has the right to have their private life respected. This includes the right to keep your health records confidential. If clinicians breach either the Data Protection Act (1998) or the Human Rights Act (1998), then it could potentially lead to a review of their fitness to practice.
I Would argue PHSO doing nothing is also breaking the law and they are aware of an offense.
After a fantastic response form DoH I thought I would clarify…
Do the PHSO have the remit and or power to investigate a Dr breaching the DPA?”
Answer:YES
@PHSOmbudsman: Read our case summary about how NHS Eng. did not address grieving widow’s unanswered questions http://t.co/5EfiWpto8d http://t.co/gpCGggTGcx
The hypocrisy here is amazing. After speaking to the PHSO I had MORE question then when I started, when asked I was ignored!
The Biggest question was/is
How can the PHSO be impartial and defend Blackheath?
Second question! I asked the PHSO to quote the law they are using to refuse an investigation. They never did.
I know the PHSO are a total joke – They have refused my case as the breach by Dr Luff was not paid for by the NHS! (Had they not paid for my care, Dr Luff would not have been able to write the letter)…
I have just found in 2014 they talked to Blackheath!
So
@PHSOmbudsman: New complaints handling toolkits from NHS England launched today. Pleased to have worked with others to develop this https://t.co/uBTecLSDaQ
on that link we find Health & Social Care Data Flows: Information Governance – Preparing for Transition – What You Need to Know on page 8….
2.1 General Principles Regarding the Use of Confidential Information
The HSCIC will shortly be publishing a Code of Practice on the management of confidential information in line with its obligations in the HSCA. The Code of Practice will outline the general principles for handling care records, including the need to maintain accurate records, to share them when appropriate, to inform citizens about the use of records, to hold records securely and to act within the law. You will be required to comply with the Code of Practice once it is issued.
The comprehensive source of information and guidance on your detailed obligations regarding PCD is the IG Toolkit. This integrates the many different rules that cover how confidential information should be handled, including those set out in:
• The Data Protection Act 1998
• The common law duty of confidentiality
• The Confidentiality NHS Code of Practice
• The NHS Care Record Guarantee for England
• The Social Care Record Guarantee for England
• The ISO/IEC 27000 series of information security standards
• The Information Security NHS Code of Practice
• The Records Management NHS Code of Practice
• The Freedom of Information Act 2000
• The Health and Social Care Act 2012
What they don’t they don’t tell you is these rules are not enforced! The ICO (who manage the DPA & FoI) don’t investigate individual complaints. The Confidentiality NHS Code of Practice is also not enforced.
So once again the PHSO have published documents that on closer inspection fall apart.
Yesterday The PHSO asked
We are holding a Twitter Q&A at 12 tomorrow on our report on #NHS investigations into avoidable death & harm. Tweet us Qs using #askPHSO
In the hour long Q&A they answered ONE question on the scope of the “review”
The answer (as you would expect) Is somewhat confusing. In all communication this report has been identified as NHS report, the PHSO’s answerer would suggest Mental Health & Ambulance Trusts are not part of the NHS.
The review focused on hospital trusts across England only, not mental health or ambulance trusts #askPHSO
Whats be remarkable in the PHSO “research” has been the lack of criticism of the CQC. It is part of the CQCs remit to check the policy for receiving-and-acting-complaints
The regulation states…
All complaints must be investigated thoroughly and any necessary action taken where failures have been identified.
This suggest (to me) that while the CQC don’t investigate complaints, they do look at how the complaint was handled and will make sure “Lessons Learned” are implemented.
So we have a serious question. Of the trust looked at by the PHSO, how many where rated good or better by CQC and WHY?
Now the really question is… The CQC had published a report on complaints http://www.cqc.org.uk/sites/default/files/20141208_complaints_matter_report.pdf according to the document is was Published December 2014 so the question is…What has the PHSO been doing? Why waste public money re-doing research?
The CONCLUSION on page 39 states…
This report paints a partial picture of the state of complaints in health and social care services, but one in which some things are clear. There is wide variation in the way complaints are handled and much more could be done to encourage an open culture where concerns are welcomed and learned from. While most providers have complaints processes in place, people’s experiences of the system are not consistently good.
Each time the PHSO answer a FOI Request, I find it raises more questions than it answers!
According to The PHSO I asked…
@PHSOmbudsman @XXXX @XXXX What are the top 5 reasons for not doing an investigation?
Don’t make me do a FOI.
I got a response. FDN 251997 Data
Im not going to discuss the full file because it will just highlight how pointless the PHSO are.
Firstly a small point on process. In FDN 251997.pdf (above) they state
Please note that the information for 2015/16 is only provisional as we have yet to fully clean the data.
Now these are the reasons for closing a case without investigation, it either falls into a category or it don’t. So what’s “clean data” mean?
Secondly the data for 2015/16 is huge jump from 2014/15….i.e.
General discretion is 2014/2015 was 832 in 2015/16 it’s 1854
There is no account or reason for this jump given.
My feelings about the PHSO are not very well hidden. But todays publication of Service Charter is an insult to everyone who approched the PHSO.
Lets for fun examine the claims made in the Service Charter.
PHSO run a public consultation on the Service Charter
On I submitted my response to
Service.Charter@ombudsman.org.uk at the time the DRAFT Service Charter
HaveYourSay
As you can see My comments have been ignored.
While I hope this “review” will bring change it’s only going to confirm what we already know. Whistleblowers are often victimised & NHS complaints system is flawed and far to complex. You’ve got CQC & PHSO and a handful of other professional bodies like GMC.
I made my submission on re Blackheath & My Employer (Who I’m taking to Employment Tribunal for disability discrimination)
I don’t expect to hear back, because like all the others they don’t care.
On 24 Jun 2014, at 14:33, Daniel McMorrow <dmcmorrow@mage-net.net> to HEALTHCOM@parliament.uk
after having to chase I today (Sunday 20 July 2014) got a confusing response. I have put my email (removed dropbox links), their response and my reply.
Dear Sir / Madam
I having to contact you as I’m being passed from pillar to post, by excuses and uninterested parties.
A little background on 17th December 2010 I contracted meningitis after a wonderful 9 month stay at Royal Hospital for Neuro Disability (RHN) I was sent for further rehab at Blackheath. From day one Blackheath was an afual place.
After I made several complaints Blackheath discharge me.
On 7th August 2012 Dr Miah (North Middlesex University Hospital’s OT/My Employer) Wrote a letter to Alexandra Hitchcock (My OT at Blackheath), asking follow up questions from my MDT. Which I freely gave them. (REMOVED)
This letter is factually wrong mobility is not a big part of my job I’m mostly in my office.
On 3rd September 2012 I was informed by A. Hitchcock that she forwarded the letter to Dr Luff.
On 4th September 2012 at 09:43 I told A. Hitchcock to ignore the letter.
(REMOVED)On 20th September 2012 I was informed by letter from North Middlesex University Hospital that Dr Luff had responded on 13th September 2012.
There are several mistake and omissions in this letter!
The letter from Dr Luff dose not say “I’m unfit”I didn’t get to see the letter before it was sent and I had not given my consent, so it should never have been written, let alone sent. (REMOVED) (The Letter from Dr Luff)
Comment made by my employer (also a hospital)
“2. The Respondent reached those decisions on the basis of medical advice. A critical piece of that medical advice was the report in question from Dr Luff (copy enclosed as not sent to the Tribunal with the Claimant’s application). It represents a central, contemporaneous piece of the evidence on which decisions were taken. Dr Luff’s report advised that the Claimant was not fit to return to work. This advice was reviewed by the Respondent’s Occupational Health team and was then communicated to the Respondent, in an Occupational Health report dated 9 October 2012. Cumulatively, this informed the Respondent’s decision to escalate the Claimant’s sickness absence management to stage 3 (a sickness absence hearing that could result in termination of employment).”http://www.tuc.org.uk/workplace/tuc-17272-f0.cfm
“All doctors must ensure that a patient gives consent to a report being sent to the employer. In addition an employee has a right to see any medical report. However the legal right to see it in advance and withhold consent only applies to reports from a doctor who is treating them, but the GMC guidance makes it clear that this should apply to all medical reports. The doctor should also advise the employee in advance what the report says and discuss any concerns the employee has before it is sent.
If an employer is seeking information from a doctor who has been treating an employee they should get written consent from the employee beforehand and the doctor should not disclose any information to a third party without ensuring that the employee has been given the opportunity of stating whether they wish to see such a report before it is sent.”I also note
“57. A person cannot ask a patient’s medical practitioner for a medical report on him/her for insurance or employment reasons without the patient’s knowledge and consent. Patients have the option of declining to give consent for a report about them to be written.”
Additionally
“59. Once the patient has had access to the report, it should not be supplied to the employer/insurer until the patient has given their consent. Before giving consent, the patient can ask for any part of the report that they think is incorrect to be amended. If an amendment is requested, the medical practitioner should either amend the report accordingly, or, at the patient’s request, attach to the report a note of the patient’s views on the part of the report which the doctor is declining to amend. Patients should request amendments in writing. If no agreement can be reached, patients also have the right to refuse supply of the report.”
The two statements are taken from dh_113206.pdf
I believe this was retribution for my complaints? Alexandra and myself had many talks about my return to work, she would have understood how important it is to me.
Dr Luff saw me for maybe 30 minutes in total during my 14 week stay, how does this provide him with an insight into my cognitive well being?
I feel this was malicious on Blackheath’s part for the complaints I made whilst at Blackheath
I have complained to
Care Quality Commission (CQC) who say it’s not their “remit” despite finding errors a Blackheath
General Medical Council (GMC) who dismissed my complaint as something they will not take “action” on – without further explanation
Lewisham Adult Safe Guarding Team who rush the investigation as there cars may get a ticket
Minister for Disabled people & my local MP – both a total waste of timePlease can you acknowledge receipt of this letter via email to dmcmorrow@mage-net.net
I would like a direct answer of who should deal with my complainant. If you can not open the Dropbox links
Please let me know and I’ll be happy to send these in the mail.Yours sincerely,
Daniel McMorrow
Their response…
Dear Mr McMorrow –
Thank you for your e-mail. I am sorry it has taken some time to respond.
The Health Committee’s remit is to examine the policy, administration and expenditure of the Department of Health and associated public bodies. It cannot examine individual cases, since it is not within its power to act as an ombudsman and it is not resourced to do so.
It appears from the correspondence that you have supplied that you disagree with the assessment of your fitness to work supplied by the service provider at Blackheath which was treating you. You believe that you have suffered detriment as a result of an assessment of your fitness to work which you consider inaccurate.
You quote from a Department of Health policy document which includes guidance on the Access to Medical Records Act 1998. That document (at paragraph 63) contains a detailed step by step complaints procedure, including local resolution via the provider’s complaints procedure and then the involvement of the Information Commissioner under the Data Protection Act 1998. You give no indication in your e-mail that you have followed these procedures. I would advise you to examine these options if you have not already done so.
I am copying this e-mail to Bob Neill MP as a copy recipient of your latest e-mail: I assume he is your constituency MP.
Yours sincerely –
Martyn Atkins
My reply…
Hello,
I’m abit puzzled by your response.
You say…
“You quote from a Department of Health policy document which includes guidance on the Access to Medical Records Act 1998. That document (at paragraph 63) contains a detailed step by step complaints procedure, including local resolution via the provider’s complaints procedure and then the involvement of the Information Commissioner under the Data Protection Act 1998. You give no indication in your e-mail that you have followed these procedures. I would advise you to examine these options if you have not already done so.”My email says.
“I have complaind to
Care Quality Commission (CQC) who say it’s not their “remit” despit find errors a Blackheath
General Medical Council (GMC) who dismissed my complaint as something they will not take “action” on – without further explanation
Lewisham Adult Safe Guarding Team who rush the investigation as there cars may get a ticket Minister for Disabled people & my local MP – both a total waste of time”What part of this is unclear? My email asks a direct question..
“I would like a direct answer of who should deal with my complainant. If you can not open the Dropbox links Please let me know and I’ll be happy to send these in the mail.”I note you ignore this, and despite my email assume I’ve not been turned anyway by every government department, , Information Commissioner’s Office (ICO), Care Quality Commission (CQC) and General Medical Council (GMC)
I’m asking for clarification as to who has a duty to look at this issue.
I hope this clarifies my email.
Daniel McMorrow
Is this rude or in some way confusing or is it a direct question they are refusing to answer?
So once again I had an interesting response from CQC blow is my response…
Hello,
I have a few concerns with this email.
However, the links that you enclosed in your correspondence do not open on our system and therefore I’d be grateful if you re-send this in another format.
Given that my original complaint was made in this format and your response to that complaint I can only assume you never read my initial complaint. I’d like a full explanation of this!
All of my emails may contain a Dropbox link. As it’s easy to do from my iPad.
Furthermore it wold also be helpful if you could clarify which service/location you are unhappy with – Heathside Neurodisability Service or Cygnet Wing Blackheath?
As they are staffed and managed by the same people, what the difference? and given this is months after my first complaint is it not a little late to be asking this?
Stage 2 review of your complaint, this is not something which we can provide for you. As advised in the correspondence from Mr Sobotka we do not have the legal powers to investigate, mediate or remedy individual complaints about the services that we register this is because there are other agencies and public bodies who have the statutory powers and remit to do this.
A. You are the CQC responsible for ensuring quality care is given…please send me a copy of your full remit.
We have two strategic priorities – to focus on quality and act swiftly to help eliminate poor quality care; and to make sure that care is centred on people’s needs and protects their rights.
Taken from cm011105_annex_b_cqc_business_plan_02-11b.pdf
Dr Luff broke that when he responded without my knowledge or permission, and act I feel was in retribution for my complaint some about him.
All doctors must ensure that a patient gives consent to a report being sent to the employer. In addition an employee has a right to see any medical report. However the legal right to see it in advance and withhold consent only applies to reports from a doctor who is treating them, but the GMC guidance makes it clear that this should apply to all medical reports. The doctor should also advise the employee in advance what the report says and discuss any concerns the employee has before it is sent. If an employer is seeking information from a doctor who has been treating an employee they should get written consent from the employee beforehand and the doctor should not disclose any information to a third party without ensuring that the employee has been given the opportunity of stating whether they wish to see such a report before it is sent.
Taken from tuc-17272-f0.cfm
www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4069254.pdf
The above link is to the document “Confidentiality: NHS Code of Practice”, I assume Blackheath must comply as it was the NHS paying for my care.
I also note
57. A person cannot ask a patient’s medical practitioner for a medical report on him/her for insurance or employment reasons without the patient’s knowledge and consent. Patients have the option of declining to give consent for a report about them to be written.
Additionally
59. Once the patient has had access to the report, it should not be supplied to the employer/insurer until the patient has given their consent. Before giving consent, the patient can ask for any part of the report that they think is incorrect to be amended. If an amendment is requested, the medical practitioner should either amend the report accordingly, or, at the patient’s request, attach to the report a note of the patient’s views on the part of the report which the doctor is declining to amend. Patients should request amendments in writing. If no agreement can be reached, patients also have the right to refuse supply of the report.
Taken from Under The Access To Medical Record Act 1988
B. Please provide me with contact who are responsible for this then
and explain why it’s taken this long to be told this
C. In your own report, you found errors with procedures at Blackheath. I am giving you my account of my time a Blackheath witch not only expands on your report but confirms it, so it’s hardly an individual complaint.
I was only one of maybe. 15 residents who could effectively speak, you have a duty to assess Blackheath based on you own findings.
If you continue to clim it’s not within your remit I will have to escalate my complaint to the health select committee. As a failure of duty.
So once again i had a pointless response from the CQC. They ignored 90% of my complaint.
@KayFSheldon: @danielmcmorrow @Crouchendtiger7 @CareQualityComm Sure do…
I take this as saying the CQC Listen and accept our concerns. However…
@danielmcmorrow: @KayFSheldon @Crouchendtiger7 @CareQualityComm DM me your email and I’ll send you me experience of the CQC.
@KayFSheldon: @danielmcmorrow @Crouchendtiger7 @CareQualityComm Check out CQC website for more info and/or provide comments. Many thanks.
No Response. Sign.
http://www.cqc.org.uk/sites/default/files/documents/edhr_annual_report_january_2014final.pdf
So the above is another song & dance by the CQC with no real content. It’s an attempt to make them look good.
Developed our human rights approach to embed equality and human rights into our new model of regulation and tested this in our inspections of NHS acute hospitals
So when a Dr breached my medical confidently the CQC did nothing.
Despite…
All doctors must ensure that a patient gives consent to a report being sent to the employer. In addition an employee has a right to see any medical report. However the legal right to see it in advance and withhold consent only applies to reports from a doctor who is treating them, but the GMC guidance makes it clear that this should apply to all medical reports. The doctor should also advise the employee in advance what the report says and discuss any concerns the employee has before it is sent.
If an employer is seeking information from a doctor who has been treating an employee they should get written consent from the employee beforehand and the doctor should not disclose any information to a third party without ensuring that the employee has been given the opportunity of stating whether they wish to see such a report before it is sent.
Confidentiality and medical records
Confidentiality: NHS Code of Practice
The above link is to the document “Confidentiality: NHS Code of Practice”, I assume Blackheath must comply as it was the NHS paying for my care.
I also note:
57. A person cannot ask a patient’s medical practitioner for a medical report on him/her for insurance or employment reasons without the patient’s knowledge and consent. Patients have the option of declining to give consent for a report about them to be written.
Additionally:
59. Once the patient has had access to the report, it should not be supplied to the employer/insurer until the patient has given their consent. Before giving consent, the patient can ask for any part of the report that they think is incorrect to be amended. If an amendment is requested, the medical practitioner should either amend the report accordingly, or, at the patient’s request, attach to the report a note of the patient’s views on the part of the report which the doctor is declining to amend. Patients should request amendments in writing. If no agreement can be reached, patients also have the right to refuse supply of the report
The two statements are taken from
Guidance for Access to Health Records Requests
On 12 Apr 2014, at 17:42 I left an honest open review of Blackheath at
https://www.nhs.uk/Services/clinics/Overview/DefaultView.aspx?id=32805
Today. It had still not been published so I ask why…
On 15 Apr 2014, at 17:34,
NHS Choices Service Desk
Dear Daniel,Thank you for contacting the NHS Choices Service Desk.
The comment is not showing on NHS Choices at the moment as it has been reported to us by a user of the site for breaking our Comments Policy on Clinical Negligence:
When this happens, we remove the comment from the website temporarily whilst we look into the issues raised about the comment. The comment will either be republished or rejected. If we do take the latter option, we will email you with our reasons for doing so.
Kind Regards,
The NHS Choices Service Desk
My response…
Hello,
Surely a “review” is an unbiased view of the services offered? If you remove an honest open review how can you remain impartial and expect people to trust your reviews?
Daniel McMorrow.
Am I right? Or am I being silly?
complaints-and-raising-concerns
I’m going to add my bit about Blackheath I have never done anything like this before so any help would be fantastic !
Dear Sir or Madam
Written evidence submitted by Daniel McMorrow
Executive Summary
On I requested a FULL copy of my medical note as I am entitled to under the Data Protection Act 1998. (DPA)
I received these notes a few weeks later, within the 40 day period set out by DPA.
On the I attended an Employment Tribunal CMD. One of the results of this CMD was a disclosure order made by the Employment Judge.
I complied with this judgment and sent of everything in my possession.
On Clive Lyons (my lawyer) wrote an email
“Thanks Daniel you too. Meantime, can you confirm to me at least as far as you are aware, that there are no other documents beyond the medical records etc already sent, that we should be disclosing to the other side?”
I responded with
“There was one document written by Blackheath. I don’t have a copy but it basically it’s a copy of what’s in the MDT report. On my cognitive state as I’ve said it just a copy of what’s in the MDT.”
On I wrote an email to Tanya Hodnett (the manager while I was at Blackheath) explaining what I was after and who wrote it.
Having not received a response from Tanya, I wrote a second email on
I got a response from a Lynn McLeish on .
In this she asks me to provide my address, I did.
On I received in the post a letter from Blackheath containing the wrong report and more importantly a report which i’d never seen. (It had not be included in my DPA request of I informed Blackheath of this mistake on Lynn McLeish responded on saying it would be easier for all of my medical files to be copied again.
On I received again in the mail a full copy of my medical records but again not the requested document and again different to what I had received after my DPA request of .
I again informed Blackheath of this by email on I have had no response.
I was going over the files sent to me by Blackheath on I noticed a few issues.
Firstly the copy of my MDT Report is wrong this was first brought to the attention of Blackheath .
Second they have included medical information of someone else, namely a Mr Jeje,this information includes address and date of birth – all protected characteristics under the DPA.
I have now received a report from ICO and they are again doing nothing.
Many thanks
Daniel McMorrow
This was NOT included in my evidence
Blackheath have misled the Me/ICO
“The other breach that you consider has occurred in recent months is that we have lost data cannot be substantiated. as the report that you consider is lost, did not exist by the author that you have named. The student psychologist, whom you thought to be called Kevin, did not write the report, other psychologists employed by Blackheath wrote the report and the student fed this back to you and gave you that report. We also sent you a copy of this report in December. As such, we don’t consider that any further breaches have occurred and I do not think that a meeting would be helpful.”
Email 06-03-2014 written by Lynn McLeish On .
From the above statement we learn a few things.
On I pulled apart my flat to try and find my original copy of the report.. And I did find it! MissingBlackheathReport
While at Blackheath they put my left foot into a plaster cast to straighten my foot. I want it noted I agreed with this, and it has helped. But the form giving them permission to do this, is incomplete.
Form 19-07-2012
I was at Blackheath from until During this time Blackheath we’re responsible for my medical care – a task I don’t think they took seriously…
Care Plan 25-04-2012 I was at Blackheath for a number of weeks.
Did anyone read my discharge MDT ? It’s got more mistakes in it than I can count. The most disturbing of which is on page 4 and reads..
Bleeding has been reported from the site of the supra pubic catheter but no abnormality was found
Now while I had a supra pubic catheter while I was in ICU! this was taken out long before I got too Blackheath.
While these mistake prove what I already know about Blackheath they can be seen by others that might get the wrong idea about my health.
I would also like to point out the mistake on page 10. It reads…
Mr McMorrow is able to maintain his static standing balance with the use of a standing hoist or standing frame for approximately 30 minutes
While this would be fantastic it untrue. The most I can stand for is 6 minutes I know this because we timed it.
While the above should be enough to put a fire under Blackheath its however gets worse…
Dr Luff wrote to my employers, Dr Luff he did this without my consent or knowledge.
You reiterate that you did not give permission for your information to be shared. However, it is evident from the papers that you did provide written consent to your manager in an email dated It seems this email confirmed that your employer could approach Huntercombe Group with regard to any medical questions they might have. I know that you dispute that you ever gave oral permission but the fact remains that you provided written permission.
Again this completely disregards the issue. The email in question is Email 23-07-2012 – I’ve edited this file to remove my former employers information.
Lets accepts for a minute this was permission (not that it was)
it does not explain why I never saw the letter first, a principal under data protection act or got to comment on the letter again a principal under data protection act.
It also states “permission” was given to my employer, not to Blackheath
Its also ignore the fact Email 04-09-2012 would have removed permission suposley give on
confidentiality_disclosing_for_insurance_employment_and_similar
Despite have the above on there website the GMC did nothing.
“All doctors must ensure that a patient gives consent to a report being sent to the employer. In addition an employee has a right to see any medical report. However the legal right to see it in advance and withhold consent only applies to reports from a doctor who is treating them, but the GMC guidance makes it clear that this should apply to all medical reports. The doctor should also advise the employee in advance what the report says and discuss any concerns the employee has before it is sent.
If an employer is seeking information from a doctor who has been treating an employee they should get written consent from the employee beforehand and the doctor should not disclose any information to a third party without ensuring that the employee has been given the opportunity of stating whether they wish to see such a report before it is sent.”
Was www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4069254.pdf has been archived.
Confidentiality: NHS Code of Practice
The above link is to the document “Confidentiality: NHS Code of Practice”, I assume Blackheath must comply as it was the NHS paying for my care.
dh_113206
I note:
“57. A person cannot ask a patient’s medical practitioner for a medical report on him/her for insurance or employment reasons without the patient’s knowledge and consent. Patients have the option of declining to give consent for a report about them to be written.”
Additionally
“59. Once the patient has had access to the report, it should not be supplied to the employer/insurer until the patient has given their consent. Before giving consent, the patient can ask for any part of the report that they think is incorrect to be amended. If an amendment is requested, the medical practitioner should either amend the report accordingly, or, at the patient’s request, attach to the report a note of the patient’s views on the part of the report which the doctor is declining to amend. Patients should request amendments in writing. If no agreement can be reached, patients also have the right to refuse supply of the report.”
ICO, GMC, CQC and PHSO all agree nothing can be done.
So after me telling Blackheath not to respond to my works letter they did!
any idea what to do?
