How to make a complaint

[Nystagmite]

Thank you

[Nystagmite]

3 months ago I went for my second and final assessment for ASD. I was asked if I wanted the report and I said yes. By June 22nd, I hadn't heard anything and phoned up. They phoned back and gave my parent and I (parents took a message for me as I wasn't in) different stories.

 

I phoned up yesterday to ask for my report and they said I could come and collect it. I did. I was given a copy of a letter (my GP has this too) and it stated that I've been discharged, I have ASD and stuff about a support group and entitlement to a social care assessment.

 

Having had reports for learning disabilities before, I know this isn't what I'm after. There is no mention of what my needs actually are.

 

Their excuse is that they've lost it.

 

I've emailed PALS about this and have had no response yet. I was told I could write to CMHT and ask for everything they have on me. Is there a template letter I can use to explain the above situation and ask for everything they have about me?

[nolegion]

Nystagmite – you are entitled to copies of all 'personal data' held about you (including medical reports and other medical records) under the Data Protection Act.

 

(The Freedom of information Act is about getting info which ought to be available to the public, not personal info which should most certainly not be 'publicly available' (!))

 

There is no set 'form' to be used under the DPA, and indeed there is good reason not to use one. You don't need to give reasons or explain. Just demand. I also think it is indeed a very good idea to ask for everything, in one go, which is clearly what you have in mind.

 

I put some accumulated bitter experience about this in alongish post #39 of this thread:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?36564-Access-to-my-medical-records./page2

 

which some people have been kind enough to say at least addresses quite a lot of 'FAQs' for first-time DPA users with one or two practical suggestions, I hope.

 

If it doesn't address what you want, please come back here - or ask there - and I'll try again. I have been through the mill, as they say with the NHS and DPA.

[Nystagmite]

Thank you

[Nystagmite]

I have a friend who can help em with this. She has asked that I write a letter stating that I give my permission for her to speak to the relevant people. Do I just need to write "I give my permission for to speak to "?

[nolegion]

Yes, Nystagmite. No clinician should discuss your medical history with anyone but you unless they are satisfied they have your permission to do so. I would write as you indicate with the addition of something like: "concerning all aspects of my medical history", at the end.

[babybear39]

I've got an ASD but it was a paper exercise getting a DX as my other conditions far outweigh the AS. Recent events for me have changed all this.

 

If you've been seen by your consultant within 40 calender days you can request copies of your notes FOC under the Data Subject Access Request protocol. After 40 days you have to pay so it is time sensitive.

[speedfreek]

I did this this morning

 

Some request that you fill in a specific Health Records SAR form.

 

I called PALS for the NHS trust I was seen by and they emailed me their SAR form within the hour.

 

You then have to send it to their data controller with a bill or something else and they'll send everything back within 40 days.

 

for my trust current and ex=patients is free too!

 

As for my GP records I am waiting (been 2 weeks now) on senior practice partners authorisation so hopefully next week.

[speedfreek]

Not sure about what nolegion says about the not using the SAR template?

 

I think that they'll ignore a full request for the hell of it from what I'm experiencing! One of the little intricacies is that until the request is paid for it has not been officially made?! Yes that's beyond perversion as normally they'll say you pay when you pick up your records (well my GP did) as they do not know the exact cost!

 

Here's my letters plus a copy of the SAR form I received.

 

NHS SAR/FOI guide plus form I received yesterday - handy to know what address and documentation you have to supply. Also has fees.

 

NHS SAR Guide.pdf

 

Subject_access_request_form 110825.pdf

 

Letter to GP for records taken from guide

 

Access to Health Records under the Data Protection

Act 1998 (Subject access request)

Patient’s authority consent form for release of health records (Manual or Computerised Health Records)

 

Date of request 27/07/2012

To: Dr Foster - Puddle Lane Gloucester

From : Mr Speedfreek, 15 Milky Button Towers Lego Land, D.O.B. xx/xx/xx, Telephone xxxxxxxxx, NHS Number xxxxxxxxx

 

Please accept this as a formal request as above for a copy of all computerised health records held by yourselves relating to myself from xx/xx/xxxx to present day. If there are additional paper records please could you indicate what these are? If you redact any of my record please could you provide a summary of what you have redacted and a explanation of why you have done this?

I understand that a fee of £10 is chargeable for this request.

 

As for the format of the data provided and if easier for yourselves I am quite happy to accept those records on a DATA CD or any other media that can be read/recorded on/to via a personal computer.

 

If required you can contact myself on the telephone number xxxx xxx xxxx. It has an answering service, so if I am unavailable please leave a message.

 

Yours faithfully

 

Follow up letter after they failed to supply all info. My dealings with this - a patient summary/overview holds nothing controversial or from a 3rd party so does not need any decisions on what can and can't be released to you. It's also very simple to press print on go make a cup of tea and collect after 5-10 minutes. Getting the associated records under this summary page involves them doing something! Like getting everything authorised by a senior medically trained partner and clicking/going into each individual entry. The lady was not happy when I chased this yesterday.

 

So deliberate obfuscation or pure laziness? Hiding behind the former as it's a lot of effort to do the latter fully I'd say!

 

Dear xxxxxxx Practice,

I made a request for a full copy of the records held by yourselves on myself in a letter (enclosed) on the xx/xx/2012. Unfortunately you have not complied fully with my request! Now what I asked for was;

 

' a copy of all computerised health records held by yourselves relating to myself from xx/xx/xxxx to present day. If there are additional paper records please could you indicate what these are?'

 

What you have provided is a summary of my record without the underlying data that accompanies it. Now associated with my record summary are letters/referrals/reports/etc which I also require copies of as part of the original request. I know these exist as I have partial copies of some of them and my overview/summary that you have provided clearly indicates that these letters/referrals/reports/etc exist.

I hereby formally request that you release this data in its entirety to me, as is my legal right under the Data Protection Act 1998 and therefore fully comply with my original request.

 

To make things simpler I am not after anything related to my physical health in the slightest; like blood test results etc. What I'm after is everything held, sent or received with regards' to my mental health. To narrow it down even further; everything from and including my first referral to counseling dated xx/xx/xxxx by Dr xxxxxx xxxxx to present day.

I would appreciate it if you also included the DWP reports about myself which have been requested/completed recently. They will get to me eventually I'd rather that it be sooner.

If any of these are still held on paper or if you decided to treat this as a new request I am fully prepared to pay any new fees due. I would not be making this request if I wasn't.

I look forward to hearing from you soon, yours faithfully

[Nystagmite]

Thanks.

 

I've spoke to a friend and was told they don't give out these reports any more.

[speedfreek]

Thanks.

 

I've spoke to a friend and was told they don't give out these reports any more.

 

What rot!

 

According to all the NICE guidance (which is what the NHS operates on & nolegion advocates) I've read it's all about keeping the patient informed at every stage.

 

That means you are included in all decisions and all correspondence is agreed by yourself and then copied to yourself by the referrer/report writer.

 

So that argument just does not hold water whatsoever!

 

The only real issues with data release is when it's either going to cause you to top yourself or the 3rd party who wrote it does not want you to see it. Whilst the former I can understand (or if it's terminal) the latter is just plain laziness back covering! NICE Guidance says you should see it so why is that so hard?

 

Read the guide on FOI & SAR and assert your rights! My 2nd letter is diplomatic as I'll pay then ICO complain and reclaim any fees. They have no excuse tbf except complying. Plus the complaints I am going to raise it's a 3 months from be made aware time limit.

 

As Blondie sang

 

One way or another I'm gonna find ya

I'm gonna getcha getcha getcha getcha

One way or another I'm gonna win ya

I'm gonna getcha getcha getcha getcha

One way or another I'm gonna see ya

I'm gonna meetcha meetcha meetcha meetcha

One day, maybe next week

[Nystagmite]

I phoned up CMHT (again) yesterday and was refused the report. No reason why. By the sounds of things, she was getting pretty ****ed off with me calling again. Well, if you'd actually return my calls (as promised) and get your story straight, I won't need to keep asking.

 

Having spoke to a few people who were all assessed at the same place, they couldn't get their reports either.

 

Oh, I can get if it's requested by my solicitor.

 

The only real issues with data release is when it's either going to cause you to top yourself or the 3rd party who wrote it does not want you to see it.

 

This was explained to me; but doesn't apply.

 

I am going to just write a letter now asking again for the report I was promised 4 months ago. I don't understand why it's taken them that long to tell me no. All along they've said I can have my report; but have made excuses as to why they can't give it to me.

 

Thanks for your help.

[nolegion]

Nystagmite, I am sorry if I am picking up stray threads a bit late here, but it looks to me as if you are being very badly treated, indeed.

 

In my ignorance I am not sure exactly what the type of record\report it is that you are after - but if someone is telling you that you can only have a copy if it's asked for by a solictor, that is complete and utter, obstructive rubbish.

 

I am sorry to say that the correct route remains to put in a request in writing and, if you feel like it, follow the tips I tried to outline in the link I gave earlier. When that isn't complied with you at least have recourse to a complaint to the Information Commissioner's Office under the Data Protection Act.

 

There is also that question of writing a letter requiring access to view ALL you records within 21 days. This is, for complicated reasons, policy rather than law, but NHS bodies are still supposed to comply with it.

 

And you can do both: put in the 'subject access request', and, in a separate letter, ask to 'view' as well.

Edited August 25, 2012 by nolegion

[Nystagmite]

Oh bloody hell. Apparently, the letter telling me that I've been discharged is my report. Why didn't someone tell me that 4 bloody months ago? I wasn't properly assessed and was just screened.

 

Spoke to GP receptionist this morning. She said that my letter must be in writing or email to the manager, who will be in on Monday. She said (this doesn't apply; as far as I'm aware) that computer records only go back to 1997.

 

Thanks for your help.

[honeybee13]

Hello there.

 

I'm sorry to hear that, must be disappointing for you. I hope the knowledgeable people on this forum will be able to help you.

 

HB x

[babybear39]

Oh bloody hell. Apparently, the letter telling me that I've been discharged is my report. Why didn't someone tell me that 4 bloody months ago? I wasn't properly assessed and was just screened.

 

Spoke to GP receptionist this morning. She said that my letter must be in writing or email to the manager, who will be in on Monday. She said (this doesn't apply; as far as I'm aware) that computer records only go back to 1997.

 

Thanks for your help.

 

Try searching for the electronic communications act

[Nystagmite]

Thank you. Not heard of that one!

[babybear39]

Silly question but are you wanting access to your own info? If so you'll need to do a DSAR. FOI is purely for info that can be in the public domain...

[Nystagmite]

Ah, didn't realise that. Yes, it is my own information I'm after.

[Nystagmite]

Update:

 

Sent letter and was told to pay £10. £10 paid and have received half the requested information.

 

Not happy and have really had enough. Anyone would think I'm asking them to climb a bloody mountain.

[Nystagmite]

Diagnosed with Autism in May last year and was told there's probably a local support group. Got contact for that and do sometimes attend. It was made clear to me from the first time I contacted the lady who leads this group, that it's not a substitute for counselling, etc.

 

I discovered in July that I'd been discharged from CMHT and was basically left to deal with everything by myself. I was told to get an assessment from social services. Done that, but the lady I'm with (not my social worker) is obsessed with getting me back into work, (despite ATOS / DWP placing me in the support group of ESA) Actually, it generally seems that there's an obsession with getting Autistic people back to work; but no-one will offer support with things like relationships and communicating.

 

I received a letter this morning from PALS regarding my complaint and they claim that they've signposted me to support. What flipping support? It was clear during my assessment (both times - it was done in two parts) that I have issues with communicating and generally making myself understood. I've been offered no support with that and I've been offered no support (nor been told where I can get support) for my issues with relationships.

[time4change2]

if you feel you need more from the CMHT then ask your GP to refer you back to them.

 

if you feel the person dealing with you is putting pressure on you to work you can ask for a different person my sister had 3 different people until she found the best one she trusted and who understood her conditions but she refused the first 2 which was her right to do so

 

they once discharged my sister she has problem making relationships with people due to her being abused as a child now she has Psychotherapy for that and is doing ok and making progress

 

just a thought x x

Edited June 1, 2013 by time4change2

[Nystagmite]

Thank you. I don't think CMHT can do much. Unlike non-Autistic people, many talking therapies don't seem to work.