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 time
Please 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?