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 !
London,
BR2 9FN,
GB
Dear Sir or Madam
Written evidence submitted by Daniel McMorrow
Executive Summary
- Blackheath violated my personal data protection by replying to a letter from work which I had expressly forbidden.
- My complaints to both Lewisham Safeguarding and CQC were ignored yet a later investigation by CQC found the same faults as I had complained about.
- Several mistakes with SAR (Subject Access Request) including missing documents and personal information from other patients.
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
UPDATE
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.
- They (Blackheath) firstly say the report did not exist.
- We are then told other psychologists employed by Blackheath wrote it
- From the language used I feel confident in saying Blackheath are aware of the report i’m after
- The last line I do not think that a meeting would be helpful quite frankly shows Blackheath don’t care
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
- if the cast is not removable is medical consent required un-ticked
- Has written/verbal informed consent of patient/NOK been given un-ticked
- If non-removable has emergency removal procedure… un-ticked – it was also never discuss with me
- It’s unsigned – making accountability for the mistakes impossible
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.
- You would expect a “Care Plan” written each week/month – their are 6
- 5 of the “Care Plans” are all dated the same
- MY DOB IS wrong on all 6 “Care Plans”
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.
- The letter fails to take into account, that during my stay at Blackheath I made several complaints, some of these directly about Dr Luff (i.e. forgetting my medication for 3 days) This makes his response completely inappropriate
(even without the data breach) - He also failed to state in the letter that he was not responsible for my rehabilitation my only interaction with him was for itchy skin after shower and ingrowing toe nail as such his comments would have been 3rd hand.
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
REFERENCES
GMC
confidentiality_disclosing_for_insurance_employment_and_similar
Despite have the above on there website the GMC did nothing.
TUC
“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: NHS Code of Practice
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.
Guidance for Access to Health Records Requests
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.
