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Midlands Partnership NHS Foundation Trust

P-002284 · Statement · Decision date: 21 November 2023 · View Midlands Partnership University NHS Foundation Trust scorecard
Confidentiality, privacy and safeguarding Personal data privacy risks
Complaint (AI summary)
Miss R complained a mental health nurse shared private health information with her employer without consent, causing harassment and mental distress.
Outcome (AI summary)
The complaint was closed. The Nursing and Midwifery Council is already investigating the issues, deemed a more suitable body.

Full decision details

The Complaint

3. Miss R complains that a mental health nurse at the Trust gave her employer private and sensitive information about her mental health condition without her knowledge or consent.

4. Miss R says the Trust failed to tell her it was in communication with her employer and had shared sensitive information without her consent. She says it failed to do a proper investigation into her concerns.

5. Miss R says her employer harassed her at work, leaving her feeling violated. She has lost trust in the NHS and medical professionals, and the situation has added to her poor mental health.

6. Miss R wants the Trust to make improvements to its service, apologise to her and make a financial payment to her.

Findings

7. Before we decide if we should do a detailed investigation of a complaint, we look at whether there is an organisation that is better placed to deal with the concerns.

8. Miss R explained she had problems getting a response from the Trust and went to the Information Commissioner’s Office (ICO) with her concerns. The ICO wrote to the Trust to tell it to reply to Miss R.

9. After this, the ICO said it would not be investigating further because it felt the Trust had explained its reasons for giving Miss R’s employer the information. Miss R went on to complain to the NMC and then to us.

10. Miss R told us in September 2023 that the NMC had told her it would investigate her concerns.

11. The NMC is investigating Miss R’s concerns about the conduct of the mental health nurse. It is unlikely that it will address Miss R’s concerns about complaint handling. It will not be able to get a financial payment for Miss R but it may be able to get the apology and service improvements she is looking for.

12. Once the NMC investigation is complete, if she is not happy with the outcome, she can return to us and we can look at anything the NMC has not investigated, like the complaint handling issues. We recommend Miss R comes back to us as soon as possible if she needs to because of our time limit for considering complaints.

Our Decision

1. We have carefully considered Miss R’s complaint about Midlands Partnership NHS Foundation Trust (the Trust). We are sorry to hear about the experience she had and we recognise how distressing this has been for her.

2. The Nursing and Midwifery Council (NMC) is already investigating the issues Miss R has brought to us and we think it is a more suitable organisation to investigate the Trust. For this reason, we are taking no further action.

Other Decisions About Midlands Partnership NHS Foundation Trust

P-002468 · 13 Feb 2024
Mr W complains about the care he had after he phoned the Trust’s mental health crisis line in January 2023.
Closed After Initial Enquiries
P-001402 · 23 May 2022
Ms O complains about the care and treatment her late father received from the district nursing team at the Midlands …
Not Upheld
P-001106 · 23 Sep 2021
Miss M complains about the service and support provided to her and her son following his autism diagnosis.
Closed After Initial Enquiries
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