What legislation governs complaints?

[PB]

Hi All,

I'm trying to pursue a complaint against Social Services because they
obtained confidential medical records about my son and then passed
them on to other people. I'm complaining because my son was never a
"client", not on the at-risk register, etc. Also, they should have had
his permission (or mine) because he's over 18. Even if his learning
difficulties would make it difficult for him to give permission, they
could have asked for mine since I'm his legal guardian.

Here are few questions I can't find the answers for anywhere else...

1. What legislation requires Social Services to operate a complaint
procedure?

2. Is there any legislation (or government guidelines) that tell
Social Services *how* to conduct the complaint procedure(s)? In other
words, are there any rules about what they must do, what they can't
do, etc.?

Any help appreciated!

[Paul Robson]

Post by PB
Hi All,
I'm trying to pursue a complaint against Social Services because they
obtained confidential medical records about my son and then passed
them on to other people. I'm complaining because my son was never a
"client", not on the at-risk register, etc. Also, they should have had
his permission (or mine) because he's over 18. Even if his learning
difficulties would make it difficult for him to give permission, they
could have asked for mine since I'm his legal guardian.
Here are few questions I can't find the answers for anywhere else...
1. What legislation requires Social Services to operate a complaint
procedure?
2. Is there any legislation (or government guidelines) that tell
Social Services *how* to conduct the complaint procedure(s)? In other
words, are there any rules about what they must do, what they can't
do, etc.?
Any help appreciated!

Your best bet is to start at the site of whichever SSD you were done over
by. Make their lives hell - refuse to accept the responses (they will
investigate themselves first of course).

[Ancient One]

Post by PB
Hi All,
I'm trying to pursue a complaint against Social Services because they
obtained confidential medical records about my son and then passed
them on to other people. I'm complaining because my son was never a
"client", not on the at-risk register, etc. Also, they should have had
his permission (or mine) because he's over 18. Even if his learning
difficulties would make it difficult for him to give permission, they
could have asked for mine since I'm his legal guardian.
Here are few questions I can't find the answers for anywhere else...
1. What legislation requires Social Services to operate a complaint
procedure?
2. Is there any legislation (or government guidelines) that tell
Social Services *how* to conduct the complaint procedure(s)? In other
words, are there any rules about what they must do, what they can't
do, etc.?
Any help appreciated!

Hi

Your sort of situation is the meat and bones of the RPSSUK.

Where to begin...

Complaints - You must write your complaint to them, giving details of the
complaint and why you are complaining, what you expect to be done, how it
has affected you etc, believe me they will not ever accept any wrongdoing
unless someone in authority over them will force them to accept anything.

The issue also sounds like it lies with the medical data information officer
of whoever held the medical records, as an adult, this person's or your own
permission should have been sought unless it is a child protection issue but
even then there has to be courtesies and rules adhered to.

My first port of call would be to clarify from the Data Protection's
Information Commissioner who is responsible and responsible for what?

Using this I would then work my complaint around this making it extremely
watertight.

The things you need to look at are:

Did social services have the legal right to apply for these records?

Did the records holder have the right to let these files go?

Did the third parties have the rights to ask for these files?

Did the social services have a legal right to disclose these records?

Also have YOU signed anything that in the small print gives them permission?

or have you at any time witnessed given verbal contract to the same thing or
the person in question with this and the above?

On the last two sentences if you havent then you have a good case but the
case will determine whether any harm pecunary or otherwise has occurred, if
this has then you do have cause for retribution and possibly compensation.

Make sure any data protection complaints are seconded to the Data Protection
officer of each organisation, make sure all correspondance is sent
registered mail and bring your MP, Councillor and MEP in on it as well by
CC'ing it all to them respectively.

If this does not bring about satisfaction then after level three
(independant assessment by auditer's) the complaint is handed over to the
Ombudsman and then it will move on up to the CSCI and if still not happy,
either a judicial review or cabinet level assessment.

One last warning, Social Services will not take a complaint lightly, if you
complain against them then they WILL retalliate, so be warned and watch your
step because they will be watching you and yours.

AO
RPSSUK
http://www.the-real-picture-of-uk-social-services.i8.com/

[Paul Nutteing]

Post by PB
Hi All,
I'm trying to pursue a complaint against Social Services because they
obtained confidential medical records about my son and then passed
them on to other people. I'm complaining because my son was never a
"client", not on the at-risk register, etc. Also, they should have had
his permission (or mine) because he's over 18. Even if his learning
difficulties would make it difficult for him to give permission, they
could have asked for mine since I'm his legal guardian.
Here are few questions I can't find the answers for anywhere else...
1. What legislation requires Social Services to operate a complaint
procedure?
2. Is there any legislation (or government guidelines) that tell
Social Services *how* to conduct the complaint procedure(s)? In other
words, are there any rules about what they must do, what they can't
do, etc.?
Any help appreciated!

Perhaps you should consider Subject access under
the Data Protection Act to get copies of all the material on yourself.
Cost at most 10UKP , for some odd reason ( probably for
training purposes as my DPA ref number was 002 with Wilts CC there
was no charge to me ).
Great pile of bumf in two tranches, first one to
comply with time limit.

From an inside SS managerial level contact (not Wilts SSD)
they hate having outsiders rumaging through their files
and then every single item has to be read so they don't
give away third party info, libelous marginalia etc.
Apart from all the time taken up - THEY HATE IT.
They can't fail to miss that someone is on their tail.

You can't tell what it may turn up - all you can be sure
of is it won't turn up whatever you particularly are after.
In my case it did give me amunition showing the corrupt
connection between Wilts Police, Wilts CPS , Wilts Social Services and
the local government ombudsman.

Wiltshire Social Services exposed
http://www.nutteing2.freeservers.com/nutteing3.htm
or nutteing3 in a search engine

Valid email ***@fastmail.....fm (remove 4 of the 5 dots)
Ignore any other apparent em address used to post this message -
it is defunct due to spam.

[PB]

Thanks for the replies.

The real problem is that Social Services are refusing to consider the
complaint because they know they can't win.

Basically, I complained about something else (that they can't deny)
and it went to a Stage 3 panel. At the panel, they presented some of
my son's medical records in order to back up their case.

Incidentally, the panel was abandoned because of a little problem with
Social Services trying to give different versions of the Stage 2
report to different people (my copy was different to the panel's,
which were all different to everybody else's!).

In chasing up the issue of the medical records, the Council has
refused to consider the complaint because they say it should be dealt
with by the panel. However, the panel's terms of reference make it
clear that they can't/won't consider the issue of the records. In
other words, this is an attempt to make the complaint disappear. I've
played this game before -

1. SS say it needs to be dealt with by the panel.
2. The panel refuses to look at it because it's not part of the terms
of reference.
3. You go back to the SS and they say it's too late, or they dealt
with it by passing it on to the panel. Complaint disappears!

Very longwinded, but hopefully things are a little clearer and people
will have some advice for me.

I've tried the Ombudsman lots of times in the past but she always
takes the side of the Council, even when it's a "cast iron" case. Last
time, the investigator was forced to become very creative in
misinterpreting my complaint. She became so desperate to absolve the
Council that she actually invented a complaint to investigate, rather
than look at the complaint I made! And since I hadn't made the
complaint she investigated, there was no evidence to back it up...
allowing her to dismiss my original complaint. If *you* can make sense
of the twisted logic used by the Ombudsman, you're a better man than
me!

Anyway, I've had some success in using the County Court to force the
Council to obey the law, etc. What I'm looking for is the exact
legislation that requires the Council to investigate complaints. My
plan is to skip the Ombudsman and use the Court to *force* the Council
to look at my complaint. What I need is a copy of the legislation and
guidance dealing with complaints. I've looked everywhere and have
found a few references to legislation, but can't find the documents
themselves anywhere, even on the HMSO and DoH web sites. Any ideas on
where I can find this stuff? I'm sure it would be useful to other
people too.

PB

[Paul Nutteing]

Post by PB
Thanks for the replies.
The real problem is that Social Services are refusing to consider the
complaint because they know they can't win.
Basically, I complained about something else (that they can't deny)
and it went to a Stage 3 panel. At the panel, they presented some of
my son's medical records in order to back up their case.
Incidentally, the panel was abandoned because of a little problem with
Social Services trying to give different versions of the Stage 2
report to different people (my copy was different to the panel's,
which were all different to everybody else's!).
In chasing up the issue of the medical records, the Council has
refused to consider the complaint because they say it should be dealt
with by the panel. However, the panel's terms of reference make it
clear that they can't/won't consider the issue of the records. In
other words, this is an attempt to make the complaint disappear. I've
played this game before -
1. SS say it needs to be dealt with by the panel.
2. The panel refuses to look at it because it's not part of the terms
of reference.
3. You go back to the SS and they say it's too late, or they dealt
with it by passing it on to the panel. Complaint disappears!
Very longwinded, but hopefully things are a little clearer and people
will have some advice for me.
I've tried the Ombudsman lots of times in the past but she always
takes the side of the Council, even when it's a "cast iron" case. Last
time, the investigator was forced to become very creative in
misinterpreting my complaint. She became so desperate to absolve the
Council that she actually invented a complaint to investigate, rather
than look at the complaint I made! And since I hadn't made the
complaint she investigated, there was no evidence to back it up...
allowing her to dismiss my original complaint. If *you* can make sense
of the twisted logic used by the Ombudsman, you're a better man than
me!
Anyway, I've had some success in using the County Court to force the
Council to obey the law, etc. What I'm looking for is the exact
legislation that requires the Council to investigate complaints. My
plan is to skip the Ombudsman and use the Court to *force* the Council
to look at my complaint. What I need is a copy of the legislation and
guidance dealing with complaints. I've looked everywhere and have
found a few references to legislation, but can't find the documents
themselves anywhere, even on the HMSO and DoH web sites. Any ideas on
where I can find this stuff? I'm sure it would be useful to other
people too.
PB

Your involvement is outside my area of dealings.

I agree Ombudsmen are a waste of space to say the least.
In my case he would not investigate because he considered it
a "personal matter" concerning people who just hapened to
be social-workers. Despite all the correspondence to me was
on green-print-headed Wilts CC paper.
The DPA subject access showed the Police and CPS
were corresponding with officers of Wilts SSD at their
fortresses not their private addresses. So I retaliated
by making sure I referred to their personal and not
official designations and details.

Wiltshire Social Services exposed
http://www.nutteing2.freeservers.com/nutteing3.htm
or nutteing3 in a search engine

Valid email ***@fastmail.....fm (remove 4 of the 5 dots)
Ignore any other apparent em address used to post this message -
it is defunct due to spam.

[Ancient One]

Post by PB
Thanks for the replies.
The real problem is that Social Services are refusing to consider the
complaint because they know they can't win.
Basically, I complained about something else (that they can't deny)
and it went to a Stage 3 panel. At the panel, they presented some of
my son's medical records in order to back up their case.
Incidentally, the panel was abandoned because of a little problem with
Social Services trying to give different versions of the Stage 2
report to different people (my copy was different to the panel's,
which were all different to everybody else's!).
In chasing up the issue of the medical records, the Council has
refused to consider the complaint because they say it should be dealt
with by the panel. However, the panel's terms of reference make it
clear that they can't/won't consider the issue of the records. In
other words, this is an attempt to make the complaint disappear. I've
played this game before -
1. SS say it needs to be dealt with by the panel.
2. The panel refuses to look at it because it's not part of the terms
of reference.
3. You go back to the SS and they say it's too late, or they dealt
with it by passing it on to the panel. Complaint disappears!
Very longwinded, but hopefully things are a little clearer and people
will have some advice for me.
I've tried the Ombudsman lots of times in the past but she always
takes the side of the Council, even when it's a "cast iron" case. Last
time, the investigator was forced to become very creative in
misinterpreting my complaint. She became so desperate to absolve the
Council that she actually invented a complaint to investigate, rather
than look at the complaint I made! And since I hadn't made the
complaint she investigated, there was no evidence to back it up...
allowing her to dismiss my original complaint. If *you* can make sense
of the twisted logic used by the Ombudsman, you're a better man than
me!
Anyway, I've had some success in using the County Court to force the
Council to obey the law, etc. What I'm looking for is the exact
legislation that requires the Council to investigate complaints. My
plan is to skip the Ombudsman and use the Court to *force* the Council
to look at my complaint. What I need is a copy of the legislation and
guidance dealing with complaints. I've looked everywhere and have
found a few references to legislation, but can't find the documents
themselves anywhere, even on the HMSO and DoH web sites. Any ideas on
where I can find this stuff? I'm sure it would be useful to other
people too.
PB

Talk to your MP and try and elicit some support, then ask him to write to
the CSCI and the DfES on your behalf explaining how it has gone on.

Another tactic would be to force your MP to ask Hodge in the Common's on
your behalf a question you have put to him, if it is a valid question that
could be answered by Hodge then go for it, your MP is legally bound to do
so, no doubt some under minister jacksy will answer for you.

Write to the relevant cabinet office Liaison officer for your council, tell
the person what is occurring and create hell, literally write and email
anyone who is remotely connectable to you, SSD or the panel and raise the
biggest stink citing corruption etc.

Lastly, write to the CSCI and apply for your council to have a star removed
from their ratings on the grounds they are not serving you well, don't
forget to cc al of this to your head of services at the SSD and after that
write to all the news editors with your story, again cc'ing it all to the
head of services.

If that don't get them off their bums, take out a private judicial review,
speak to Marc at the Unity site for more info

AO
RPSSUK & Unity Injustice