Ward 87: iwantgreatcare.org The Trough Helpdesk 1

Friday, 18 July 2008

iwantgreatcare.org The Trough Helpdesk 1 - Data Protection

"We pigs are brainworkers. The whole management and organisation of this farm depend on us. Day and night we are watching over your welfare. It is for your sake that we drink the milk and eat those apples" Animal Farm. George Orwell

Given the popularity of the self help suggestions regarding iwantgreatcare.org, I have decided to set up The Trough Helpdesk. I shall post the odd snippets of information. Remember this information can be used NHS, DOH and GMC wide. The same principles can be applied. As everyone knows, Neil Bacon and I did some mudslinging back in the old days. One of the things I did to find out what the old snoutface had to say about me internally was this - I made a subject access request under the Data Protection Act 1998. I did the same with the BMJ. I found Baconbaby's snide comments to Fiona Godlee and Fiona's snide comments back. The internal documentation had some interesting material. I have done this with most organisations and harvested a great deal of evidence seen on this website.

One problem with Defamation lawyers, is they don't harvest information for you. Defence unions are much the same. So here are the basics if you want your internal information [ie what the team say about you and what information is held etc] from iwantgreatcare.org. Remember again that you can make these requests to the GMC, the Department of Health, your Trust and anyone you think may hold personal data on you. It is normally used prior to litigation or to establish evidence. Not many doctors know about their rights under the Data Protection Act 1998. I wouldn't rely on the defence unions or the BMA to tell anyone what their rights were. As I said, if I had relied on these hopeless excuses, I would never have got the mass of evidence I collated over the years.

1. This is the Data Protection Act 1998.

2. More information can be obtained at the Information Commissioners website which has some interesting documentation and leaflets.

3. This is from the Information Commissioners website

Q: Which Act allows me to get my personal information? And can they charge me?

The Data Protection Act 1998 gives you the right to apply for a copy of your personal information. You will need to put your request in writing, by letter or email, and send it to the person or organisation you believe holds this information. Make sure to put your name and address and keep a copy. It is a good idea to make clear you are asking for the information under the Data Protection Act 1998.

Yes, under the Data Protection Act they can ask for a fee of up to £10.00 for each request made.

For more information on your rights, read Subject Access - A guide for data subjects

4. This leaflet is your basic guide and also has an excellent example of a same letter.

The Freedom of Information Act 2000 is not applicable to iwantgreatcare.org /iwgc Ltd. I shall cover this another day as a excellent way of harvesting information from Trusts, Department of Health etc.

1 comments:

Anonymous said...: I want to commend my Aunt the Reverend Mary Briggs, - please help her ratings. At the moment, it seems she is being unfairly treated

People are saying - she doesn't listen - well she has been dead for five years for heavens sake. Hasn't she heard enough???

They are saying she is not polite - well it is difficult to remember to say please and thank you once she has been cremated.

I will take Action - this site will help a lot of people "Get Great Care" - although I think you need some really good terms and conditions http://www.iwantgreatcare.org/view/terms_and_conditions; 19 July 2008 at 02:01

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About The Author

There is a lot of things most people can say about me but in reality I am NHS Whistleblower. In 1998, I followed the guidance set out in Good Medical Practice[GMC] and raised concerns about substandard care on Ward 87 North Staffordshire NHS Trust. I also raised concerns about the large number of Midlands Hospitals covered by West Midlands NHS Executive in 1999. Following the recordings of the HSMR scores, only Mid Staffordshire NHS Trust spiked their figures. This was due to the inordinately high death rates. These deaths could have been prevented had the government acted in 1999. There are many other hospitals with equally high death rates but 1000s have not raised the HSMR scores. The Mid Staffordshire Inquiry shows poor standards that are similar to many hospitals in the Midlands [particularly Distinct General Hospitals]. They were also the identical to the concerns raised by me in 1999, many years before.

In 2010 the CQC finally admitted that North Staffordshire had "significantly high mortality" in the years I raised concerns.

This blog follows my adventures as a whistleblower. It was written between 2008-2010. It seeks to present what the media have never done. I also aim to discuss a number of medical issues important in the NHS today. A short account of my experiences is presented here.

Essentially, I raised concerns in 1998, locally then to all the authorities, the GMC, Department of Health and Trust attempted to say there was no substance to my concerns. In 2005, I discovered that all authorities had concealed the 1998 and 2001 internal reports that verified my concerns. This is a brief step by step summary of the events related to Ward 87.

Between 2000-2002, the General Medical Council conducted a "discreet inquiry" into my Fitness to Practice. I was never told of this investigation until I discovered quite by accident following a subject access request under the Data Protection Act 1998. The GMC were subjected to litigation by me due to the illegal investigation and repeated leaks of prejudicial information to potential employers. They were beaten in court following the first litigation of its kind. The GMC settled the case in favour of me. During litigation, the GMC subjected me quite severe harassment by revolving door vexatious complaints - 2 in total. I was cleared of all of them. I was never subjected to any Fitness to Practise hearings. All complaints were thrown out at case examiner's stage despite the GMC's malevolent intentions.

The GMC subsequently erased me from the Register for non payment of subscription fees. It should be emphasized that I was never sanctioned or struck off has speculated by some bloggers. In total, I have been subjected to 4 years of complaints that had no relation to my clinical work. This has had catastrophic consequences to my work as a doctor and eventually caused the assassination of my references in 2007.

This led to the test case R v General Medical Council Ex Parte Pal with the intention of defining the definition of potential misconduct and preventing vexatious complaints against doctors. The complaints were made by Penny Mellor and her associate Fiona Wollard [ niece of Professor Sir Charles George].

While permission was granted by a judge with Employment Law experience, the final hearing was lost courtesy of Justice Sir Andrew Collins who made various statements. One was that the GMC was free to rule differently on two separate cases with exactly the same facts and the other was to widen the analysis of misconduct to include conduct outside the profession. Justice Sir Andrew Collins has sat on numerous cases related to the GMC. He has often failed to declare that his brother Dr Mark Collins was once prosecuted by the GMC for alliances in Clapham Common. Details of this can be read here.

The two diametrically opposite analysis of misconduct was also discovered following the GMC's submission to R v General Medical Council Ex Parte Remedy UK. Essentially, one analysis appears to be used for some foreign doctors and a different more lenient definition is used for establishment doctors such as Liam Donaldson. The GMC were essentially caught red handed touting two different analysis of misconduct in two cases. This discrepancy is currently being investigated by both the CHRE and the Equality and Human Rights Commission.

The defenses to all these cases have taken up 52 files. By comparison, the GMC refused to investigate the doctors on Ward 87 despite the fact that their conduct was directly related to clinical work. They continue to work in various positions in the UK. No one was held accountable despite 2 reports verifying my concerns. Moreover, the Health Commission refused to conduct a broader data study in relation to the Ward 87. The GMC and Ombudsman refused to inform the patients on the Ward of the 1998 and 2001 Reports. The Sentinel newspapers refused to feature a legitimate advert.

In 2009, after discussion with Dr Phil Hammond, he wrote an excellent piece in Private Eye. While the media have provided little or no support for these issues, I am indebted to my fellow bloggers - Dr Rant, The Jobbing Doctor, Dr John Crippen and Witchdoctor. This blog exists to protect other doctors who I hope will never tread the path of whistleblowing. It is a path paved with injustice. It also serves to show the public that they cannot legitimately expect doctors to raise concerns in such a dangerous terrain. This indeed places patient safety in great jeopardy.

This blog ended in February 2010 as it was unlikely that I would ever return to medicine. I have also decided to end this particular saga here. I hope this blog will educate, entertain and remind the public that whistleblowing is a dangerous escapade and no junior doctor has treaded the same path as I have for a reason. The terrain is unsafe and always has been. I would say that I have been relatively unsupported in my journey through whistleblowing but singlehandedly I have been able to undercover evidence and establish some very important issues regarding the dangers of whistleblowing. I have ceased to respond to the media but I am always very happy to discuss matters with the public.

Ward 87

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Friday, 18 July 2008

iwantgreatcare.org The Trough Helpdesk 1 - Data Protection

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