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Annual Report 2007-08 - the Parliamentary and Health Service ...

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<strong>Parliamentary</strong> <strong>and</strong> health service ombudsman annual report <strong>2007</strong>-<strong>08</strong>An improvement in <strong>the</strong> qualityof continuing care complainth<strong>and</strong>ling <strong>and</strong> reviewsWhen an individual makes a complaintabout a retrospective review of localfunding decisions for continuing care,<strong>the</strong>y make that complaint in <strong>the</strong> firstinstance to <strong>the</strong>ir Primary Care Trust. If<strong>the</strong>y are dissatisfied with <strong>the</strong> outcome,<strong>the</strong>y take it to <strong>the</strong>ir Strategic <strong>Health</strong>Authority <strong>and</strong> <strong>the</strong>n, if <strong>the</strong> matter is stillnot resolved, to <strong>the</strong> Ombudsman.So far, <strong>the</strong> evidence suggests that <strong>the</strong>quality of <strong>the</strong>se reviews has improvedduring <strong>the</strong> last year. We have beenencouraged by <strong>the</strong> quality of thosereferred to us. In particular, we arepleased that we have seen far fewerinstances of <strong>the</strong> sort of systemic flawsthat we saw in <strong>the</strong> past. These werecharacterised, for example, by poorportrayals of healthcare needs,inadequate assessment panels <strong>and</strong> failureto communicate sufficiently well withfamily members. We are also pleasedto report that we generally have goodrelations with Strategic <strong>Health</strong> Authorities,<strong>and</strong> usually discuss with <strong>the</strong>m in advance<strong>the</strong> cases we are proposing to send backfor <strong>the</strong>ir attention, with <strong>the</strong> result that<strong>the</strong>y have complied with ourrecommendations in full, as expected.In last year’s <strong>Annual</strong> <strong>Report</strong>, we expressedour confidence that claimants would infuture receive a robust, fair <strong>and</strong>transparent review of <strong>the</strong>ir eligibility.This confidence was well placed, <strong>and</strong> webelieve that <strong>the</strong> higher quality of reviewstems from <strong>the</strong> fact that we encourageStrategic <strong>Health</strong> Authorities, in ourreports on investigations <strong>and</strong> o<strong>the</strong>rdocuments, to use our Principles of GoodAdministration when reviewing claims.We have emphasised to <strong>the</strong>m that athorough, fair <strong>and</strong> robust review processmust include:• evidence that <strong>the</strong> person’s individualhealthcare needs were properlypresented;• a fair, proportionate <strong>and</strong> reasonableprocess of assessment/review, whichis inclusive of relatives <strong>and</strong> carers;• consideration of <strong>the</strong> person’s individualhealthcare needs by an appropriatelyconstituted <strong>and</strong> qualified panel, <strong>and</strong>comparison of <strong>the</strong> healthcare needsto <strong>the</strong> eligibility criteria; <strong>and</strong>• a decision conveyed to <strong>the</strong> claimantthat clearly explains how it wasreached, <strong>the</strong> evidence used, <strong>and</strong><strong>the</strong> rationale.Many Strategic <strong>Health</strong> Authoritieshave told us that <strong>the</strong> Principlesof Good Administration <strong>and</strong> <strong>the</strong>accompanying explanations havehelped <strong>the</strong>m develop much bettersystems for reviews <strong>and</strong> assessments.‘I thought you would like to know that South CentralSHA, via West Berkshire PCT, has at long last paid me<strong>the</strong> outst<strong>and</strong>ing amount owed as a result of youroffice upholding my complaint/s against <strong>the</strong> formerThames Valley SHA <strong>and</strong> Wokingham PCT… Pleasepass this on to all those who have helped in this long<strong>and</strong> frustrating business.’Mr Z, a complainant featured in our 2003 continuing care report49

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