Formal Request for documents

During HCPC’s “investigation” into F’s complaint about his Social Worker, HCPC told F on 25th July 2013, that RBKC told HCPC:

at “c) if a formal request was made by the legal team for information contained in a Service User’s file, it would be the Service Manager within the team, who would have authorised the sharing of information with the legal department, not Mr Leak.”

at “d) Mr Leak was not in a position to obstruct  the legal team from obtaining information from your files.”

Before considering the “”formal request“, let’s consider Mr Leak’s professional as well as legal obligations to F:  Mr Leak was obliged, by the terms of his licence, to keep F’s “information SAFE and CONFIDENTIAL at all times.”

These obligations are clearly defined in HCPC’s “Guidance on Confidentiality” where the “responsibilities” and “the law and consent” are clearly addresses.  It would appear that HCPC chose to ignore their own Guidelines to obfuscate F’s concerns.

Sceptical about the RBKC’s statement about  a “formal request” and “access to his file“,  on 10th September 2013, F sent an FOI Request to many local authorities,

In their replies, NONE endorsed the statement made by RBKC.

The HCPC requested information from the ICO, LGO and RBKC, who are NOT registered with the HCPC and therefore NOT obliged to follow any of the HCPC’s guidelines. 

There is NO evidence that Mr Leak was ever  contacted to provide his version of events, as he should have been, as he ALONE is the REGISTRANT, obliged to follow HCPC’s  guidelines,  he himself responsible for his actions.  

Furthermore, there  is NO evidence  that RBKC or Mr Leak were ever asked for a copy of the  “formal request”, which had such a powerful legal force, to compel Mr Leak to forget his responsibilities and permit a wholesale cull,  by whomever,  of 146 confidential documents from F’s file, in Mr Leak’s custody and under his responsibility.

In respect of contacting the LGO, the request should ONLY be for a copy of the “formal request”.  We will never know, as HCPC refused to provide copies of correspondence between HCPC and the LGO, addressed below.

F requested RBKC to let him have a copy of this crucial document.  To this date, RBKC have been unable to provide it.

This topic is discussed in detail on the HCPC page.

Later in the year, F wanted to know what  information the HCPC sought as evidence from  those who were involved in the matter.

On  10th October 2013, F sent a Request to HCPC, asking them for copies of all correspondence exchanged between HCPC and  the LGO, RBKC, Mr Leak.  He also asked for HCPC’s definition  of “Misconduct” and “Lack of Competence“, which feature in the HCPC’s “Guidance on Confidentiality“, as reasons for further action.

HCPC replied on 5th November 2013.

HCPC’s Claire Gascoigne told F that” disclosure of any information would prejudice HCPC’s conduct  its fitness to practise process”   However, as early as  23 July 2013, Mr Kebir told F that the case will remain closed.  Therefore, there was no process of anything underway.

She goes waffling on about what has NOTHING to do with the complaint and the request for copies of documents.  Obviously, wholeheartedly  hoping to baffle F’s brains with  what was nothing but “bullshit”, hoping that he will swallow it all, hook, line and sinker and shut up.

Her ranting had  ABSOLUTELY NOTHING of CONFIDENTIAL OR CONTROVERSION nature, to do with F’s request, unless HCPC had something to hide; uneasy with disclosing this to F. 

In fact, the ONLY document/information, HCPC should have asked all of those cited above, was to provide a copy of this powerful “formal request”, which compelled Mr Leak to toss aside his professional and legal responsibilities to F.

It can be assumed that HPC failed to ask anyone for a copy of this important documents; perhaps because they were well aware of its NON-EXISTENCE.

The ONLY document issued, PUBLICLY,  by the LGO, is  the Request for documents from RBKC, dated   24th August 2011.  F will never know of any other correspondence, exchanged in PRIVATE, as HCPC refused to provide it.

However, more seriously, it can be alleged that by the refusal to produce the requested information,  HCPC had conspired with  RBKC, to absolve Mr Leak of any  wrongdoing, thus perverting the  course of proper investigation, by making F believe that a “formal request” existed, therefore Mr Leak was at no fault whatsoever.  Hoping that F would NOT take the matter any further.  

This is addressed in some detail on the “perverting the course of justice” page.

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Perverting the course of justice

On 19th February 2013,  F complained to the Social Worker’s new regulators, the Health Care Professional Council, HCPC, for  permitting access to F confidential file without consent, as defined in F’s May 2010 Amendment to his Information Sharing Agreement, which he failed to follow.

The details of F’s complaint  are described on the HCPC page.

However, the following merits separate mention:

HCPC told F on 25th July 2013,  that RBKC had confirmed at (a) to them that “Mr Leak was not directly responsible for the disclosure  of you information to the legal  team.”  

at (b)  F is told that ” it has been explained to us (by RBKC) that the legal team have access to all documentation which they require for their role”.

at (c) RBKC states  that “if a FORMAL REQUEST was made by the legal team for information contained in a Service User’s file, it would be the Service Manager within the team, who would have authorised the sharing of your information with the legal department, NOT Mr  Leak”.

(d) Mr Leak was NOT in a position to obstruct  the legal team from obtaining information from your files”.

.A FORMAL REQUEST must have existed, as  F’s 146 Confidential documents, were culled from his file in Mr Leak’s custody.  Some documents containing not only explicit disclosure of his HIV+ status, but also full clinical details about his condition’s progress, the life-saving medication he must take and the inevitable side effects he suffers as a consequence.

The ONLY  “formal request”  that F  was made aware of was made by the LGO to RBKC was on 24th August  2011, for “all the assessment documents for this matter (F’s complaint) and general comments.”  This is addressed in detail on the LGO page.

As F’s HIV relevant information was disclosed to the LGO, the “formal request”, must have contained an explicit request for this information.  Taking into consideration  the nature of the information, this could ONLY be disclosed under certain circumstances, satisfying the NHS Statutory Restrictions of data handling.

On a number of occasions, F asked RBKC to provide him with a copy of the “formal request”,  which would in fact, render Mr Leak impotent from preventing access to F’s confidential file and permit a wholesale  removal of 146 documents, sent to the LGO by Ms Parker, RBKC’s Chief Solicitor and a Monitoring Officer.

RBKC told F that they do not have a copy of this document.  Obviously, RBKC does not consider the LGO’s Request as  the “formal request” quoted to the HCPC.

The question now arises:

F cannot understand why HCPC failed to ask RBKC, during their “investigation” for a copy  of this crucial document,  so powerful to remove  Mr Leak’s legal obligations in respect of F’s confidential information..

It can be alleged that RBKC dreamt up the above narrative regarding Mr Leak’s powers, to perhaps initially convince HCPC of their right to disclose F’s HIV status and clinical information.  However,  it may have become convenient for the HCPC to accept this explanation, as it would get Mr Leak off the hook, bamboozle F and wholeheartedly  hope that he would accept this explanation, shut up and go away.

HCPC told F that they have asked  for information from various parties, including the LGO.  However,  there is NO evidence that Mr Leak was ask for his version of events, or even made aware of F’s complain to the HCPC.

It is quite possible, due to RBKC bad controls over access to personal information, that Mr Leak was NOT  aware of the cull of 146  documents from F’s file, as stated in HCPC’s response dated 23rd July 2013..

It can be alleged that RBKC manufactured of the notion that a “formal request”  existed, could be construed as an attempt by RBKC  at  “Perverting the course of justice“.  .

We understand that “the word pervert can mean “alter” but the behaviour does not have to go that far – any act that interferes with an investigation or causes it to head in the wrong direction may tend to pervert the course of justice.

(This information is based on public sector information licensed under the Open Government Licence v2.0. The original information can be found here; https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard).

In order to properly understand the allegation of “perverting the course of investigation/justice”, On 24th May 2018,  F asked  the Ministry of Justice for clarification.  In their reply dated 29th May 2018, F was referred to the Information Commissioner.   F replied on 30th May 2018.

As of 1st March 2019 F has not contacted the ICO.   But will do  very shortly. 

Law Commission

The :Law Commission published two reports, which are of interest, as they address F’ concerns.

  1. Adult Social Care – Consultation analysis published in March  2011.  This publication addresses in some detail the process of establishing individual’s “eligibility for Adult Social Care”.

2. Data Sharing Between Public Bodies – scoping report, published in July 2014.  This report publishes actual conversations with various organisations and highlights the many problems local authorities have with the interpretation of the various  legislation dealing with data protection.  It confirms that there is a  poor understanding of data handling legislation, due to non-availability of proper legal advice from the “in-house” legal professionals. 

However, this ignorance is not an excuse for not seeking proper legal advice from external sources; for  example,  from the many legal professionals local authorities have on confidential retainers.  Some to ensure that they do not assist anyone in a case  against the local authority, or provide any advice; others to provide legal advice on how get out from a compromising situation.