27^th October 2013 [Blog No. 38]

Hello again, it’s me, Peggy

The Health Service Ombudsman has eventually taken her precious time to respond to the letter dated 22 August 2013 to Gwen Harrison (Director) PHSO’s Office from The Rt. Hon Mr Kevin Barrron MP.

It’s actually taken the Ombudsman 10-weeks to respond, and what a cranked-up response it is. Even Mr Barron was taken aback when I saw him yesterday, at the content of the letter he has received.

The Health Service Ombudsman, among other things, has ACTUALLY THREATENED ME with the threat of crippling me (this time financially) if I even dream of taking this case to a Judicial Review Hearing, and me, a disabled old-age pensioner!!!

Mr Scot Henning at the NHSLA did exactly the same along with the NHLSA’s instructed solicitors, Browne Jacobson in Nottingham.

I quote here from the final paragraph of the PHSO’s letter; “Should Mrs Barnes initiate proceedings we will defend them. If we are successful we will be entitled to apply for our costs. We have successfully applied for costs in previous cases. I would therefore strongly advise Mrs Barnes to seek independent legal advice before deciding to initiate any court proceedings against us”.

The letter from the Ombudsman has been signed-off this time by a Suzannah Beazley, Head of Review Team! Who the hell is this woman here that thinks that she is in a position at the PHSO’s office to try and scare me off?

Is this what the PHSO call “BRITISH JUSTICE”? It would appear from their letter that  Ombudsman Dame Julie Mellor’s BRITISH JUSTICE is the same as Dr Tooth’s version of the “HIPPOCRATIC OATH” (see a previous blog on Kiveton Primary Care Centre) that is, that it was just something dreamed-up in the jungle, to satisfy the underdogs of this world, and they don’t go by that anymore!

And, is this what Health Service Ombudsman Dame Julie Mellor meant when she reported in the Daily Telegraph on 13 August 2013 that now she is the Health Service Ombudsman they will be seen to be “TRANSPARENT” in their dealings! They are trying to gag me! What part of the body is this woman talking from her …..? See Julie Mellor’s article in my blog dated 25 August 2013, blog No. 31.

Whatever next? Mr Barron could not believe it. He reiterated yesterday (26/10/2013) what he has said to me several time before, and that is that he is prepared to bring the matter up in the House with the Health Minister.

Mr Barron did say that this was the end of it but what I cannot understand is that the PHSO back in September 2012 had asked me/Mr Barron to provide them with the level of compensation I wanted to achieve. Mr Barron wrote back to the PHSO saying that they themselves would have a better idea of Quantum, and asked them to set the amount of compensation, my knowing, he said, it would be lower than any I could expect from a court settlement.

See copied below my letter dated 26/10/2013 to Mr Barron MP and a copy of the Health Service Ombudsman’s letter dated 18 October 2013 which he handed to me at our meeting yesterday.

You can see in the 2^nd paragraph of the PHSO letter the writer refers to my complaint against the KPPCC for not amending my medical records in 2002/03 in accordance with the ICO’s advice at that time.

The ICO refused to take action against the KPPCC because, they said; the ICO was only able to issue advice to a Data Controller, and not able to take any action against them.

The KPPCC had apparently given the ICO assurance in 2002/03 that they had amended my medical records in accordance with the ICO’s advice. However, as it turned out when I moved to another GP Practice in or around November 2010 I discovered that the KPPCC had in fact not made any amendments to my medical records by removing all reference to litigation/court case etc, and in letters of referral to consultants, and I alleged that this had been the reason for me been unable to obtain medical treatment proper over the past years.

My medical records were not amended by the KPPCC until such time they had transferred reference to litigation issues court case etc onto the new GP Practice. By them so-doing the KPPCC had done exactly what they had wanted to do, they had made the new Practice aware of past litigation issues to prevent me from obtaining treatment under our NHS from the new GP Practice!

I do have proof that my medical records were not amended by the KPPCC until March 2011. The proof is contained within Chief Executive Andy Buck, Rotherham Primary Care Trust’s letter dated 11/3/2011 to Mr Barron MP. See extract, and I you can see that I quote exactly from Andy Buck’s letter;

“Thank you for your letter dated 8^th March regarding Mrs Barnes' concerns in relation to medical records. The matter has been investigated by Mrs Sue Hart, Complaints Officer and I am now in a position to respond to you.

Following Mr and Mrs Barnes' decision to leave Kiveton Park Primary Care Centre and to register with the Chantry Bridge Medical Centre, as is usual practice, the South Riding Health Service Support Agency (SRHSSA) contacted Kiveton Park practice on 1" November 2010 and requested the medical records for both Mr and Mrs Barnes, it is recorded by the Kiveton Park practice that the notes were, as requested sent to SRHSSA on 3^rd November 2010.

However, I am informed that shorty after forwarding the medical records to SRHSSA, the Kiveton Park practice received a letter from the Information Commissioners office advising them that amendments were to be made to Mrs Barnes' medical records. In order to comply with the Commissioners advice the notes had to be retrieved from Mrs Barnes' current GP Via the SRHSSA.

Whilst it is acknowledged that the Kiveton Park practice had Mrs Barnes's medical records for several weeks, it is important to note that implementing the Commissioner's advice was onerous. I am further informed that the advice given by the Commissioner has now been Implemented and verified by two senior partners at the surgery, and the medical records have been returned to the SRHSSA who will forward them on to Chantry Bridge Medical Centre.

I trust this information clarifies the position for your constituent”

Yours sincerely

Andy Buck

Chief Executive

The doctors at the Kiveton Park Primary Care Centre had blatantly lied to the ICO in 2002/3 about them having amended my medical records at that time in accordance with the ICO’s advice.

It is also blatantly obvious that the PHSO’s Office have now blatantly covered-up the fact that the doctors at the KPPCC have lied, and have whitewashed over the whole matter to the benefit of the medics at the KPPCC. It’s a continuation of the NHS cover-up culture and Dame Julie Mellor is no different to those who went before her by her doing this. She’s another sham extracting a high rate of pay from the tax-payers’ purse! Maybe they should call her “Shame Julie Mellor”.

Now, what you have to bear in mind is that Mr Barron MP has being overseeing and supporting my case against the various NHS Departments for the way they have treated me, or not treated me as the case might be, since 1998 when at that time he suggested I make my own application for disclosure of Medical Records from the Bassetlaw Hospital (the missing Bassetlaw Hospital x-rays of my Right knee) into the Worksop court.

See copied below article (dated 2005) taken from our Local Newspaper:

PARLIAMENT'S top watchdog has stepped into a six-year battle for damages against a hospital by one of his own constituents. Rother Valley MP Kevin Barron—chairman of the House of Commons Health Select Committee—has written to hospital bosses to settle long running claims made by Monica Barnes, Mrs Barnes, of Pine Avenue, South Anston, has claimed since 1999 that Bassetlaw Hospital was negligent over a foreign body in her right knee.

Her husband has championed her campaign for justice and successfully won a judgement in Sheffield County Court in September. As the case seemed likely to drag on to further hearings, Mr Barron wrote to the chief executive of Doncaster and Bassetlaw NHS Foundation Trust urging an early settlement, Mr Barron said: "I am in the process of assisting Mrs Barnes in getting a solicitor to represent her with her case if it goes to a further hearing. I believe this case has gone on for far too long and I wonder, in view of the contents of the judgement, if a quick solution can be brought to this matter”.

He calls for an amicable settlement so that all parties can be protected from further years of legal quarrel". The Trust has denied there being any foreign body or calcification in Mrs Barnes' right knee, although the couple claimed it was seen in medical films dating back to 1988.

Four years ago, Mr Barron wrote to the Chief Constable of Nottinghamshire

Police asking him to look into the claims that staff at Bassetlaw Hospital tampered with Mrs Barnes’ records. Doncaster and Bassetlaw Hospitals

NHS Trust said at the time that the claims of Mr and Mrs Barnes were without merit. A trust spokeswoman said: "We never comment on a case that is before the courts."

I allege that due to all the solicitors (about 14 and I can name them all) that have taken instruction on my claims against the NHS being bent, the back coving culture by medics, the courts, judges, and Government funded bodies have cost the taxpayer many times more than if they had paid me out at the onset.

One solicitor in Nottingham, who had been helping me for over 10-years under the LSC Help & Advice Scheme at times when I was representing myself in court, since my 60^th birthday (9 January 9 2003)  must have cost the taxpayer tens of thousands if not hundreds of thousands of pounds!

In September 2005 HHJ Moore instructed Bassetlaw Hospital’s solicitor, Mr Perry of Browne Jacobson, to get me paid out and he had the Court Clerk hand us all the court files back. I subsequently served a Part 36 offer (which had been calculated with the assistance of Mr Barron MP) on NHSLA’s solicitors but all they did was to acknowledge receipt of same without making me an offer of settlement.

When the case came back before the court HHJ Moore told the court that he had changed his mind, and he dismissed the case. The Court Office at Barnsley had advised me that HHJ Moore should not have given me and the Hospital’s solicitor the court files back, and so I returned them to the court. I allege that by HHJ Moore handing the files back to us and the hospital’s solicitor at the September 2005 Hearing in Sheffield, shows that he didn't want any signs of corruption seen in the files in his court. However, I still have comprehensive copies of all my case files.

This true story continues …….

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