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.
