NHS in England Closed After Initial Enquiries Search on PHSO website

Northamptonshire Healthcare NHS Foundation Trust

P-002577 · Statement · Decision date: 1 April 2024 · View Northamptonshire Healthcare NHS Trust scorecard
Access Drugs / medication Confidentiality, privacy and safeguarding Inaccessible Stadium Design
Complaint (AI summary)
Mr H complained about unsafe triage rooms, reduced appointment availability impacting pain medication access, and the Trust not marking correspondence with 'section 39 rules apply'.
Outcome (AI summary)
The ombudsman closed the complaint, finding no sign anything went wrong regarding triage rooms, pain medication access, or the incorrect application of 'section 39 rules'.

Full decision details

The Complaint

6. Mr H complains about the healthcare the Trust provided at the prison between 1 February and 25 August 2023. He complains the Trust:

• completes triages in small rooms which would be unsafe if there was to be another pandemic • has reduced the availability of appointments which causes him to struggle to get over the counter pain medication • has not marked its correspondence to him with ‘section 39 rules apply’.

7. Mr H says he feels that because of the small rooms he does not have privacy during his appointments. He also says because he cannot get his pain medication seven days a week, he sometimes cannot get enough pain medication. He is also concerned he may become unwell if there was to be a flu outbreak in prison due to the small rooms. He says the Trust has compromised his confidentiality by not marking his correspondence appropriately.

8. Mr H wants easier booking of appointments and more access to pain medication. He would also like the Trust to follow ‘section 39’.

Background

9. Mr H has chronic pain issues and gets a regular prescription of pain medication from the Trust’s pharmacy.

Findings

Triage room and safety

12. Mr H says the Trust completes triage in small rooms and he is worried about the safety of this during pandemics.

13. GMC guidance says, ‘listen to patients and work in partnership with them, supporting them to make informed decisions about their care’.

14. The Trust listened to and responded to Mr H’s concerns. Its response explained that when a clinician observed the clinic, the first half was busy and the second half was quieter. It explained that if Mr H preferred to attend when it was quieter it may be better for him to attend during the second half.

15. Mr H has not provided us with any evidence to show the clinic is unsafe. From the evidence we have seen the Trust has provided him with an alternative to allow him to make an informed decision about when is the best time for him to attend the clinic. This is in line with the GMC guidance.

16. There does not seem to be any evidence to suggest the Trust has done anything wrong. We thank Mr H for the time he has taken to bring this part of his complaint to us and we are sorry if our decision is not what he was hoping for.

Medication availability

17. Mr H says the Trust’s availability for appointments has reduced, which means he is sometimes unable to get medication.

18. GMC guidance says, ‘listen to patients and work in partnership with them, supporting them to make informed decisions about their care’.

19. Following the comments made by Mr H the Trust watched how appointments were made at the prison. It found that all appointments were made the same day after initial triage. The Trust also explained that emergency care is available on the same day if needed. By investigating his concerns and watching the clinic to see what happened during day-to-day running, it seems the Trust was acting in line with the GMC guidance.

20. GMC guidance also says ‘refer a patient to another suitably qualified practitioner when this serves their needs’.

21. The records show Mr H was requesting more pain medication than the Trust are allowed to prescribe. The Trust explained that if Mr H felt like he needed more pain medication, he would need to speak to his GP to have this reviewed.

22. We can understand why Mr H is unhappy with the limit on pain medication the Trust can prescribe at one time, but the overall responsibility of pain medication prescription is with his GP. The Trust was following the GMC guidance by referring Mr H to his GP to have his medication reviewed.

23. The Trust seems to have taken steps to reassure Mr H that appointments are available when needed. We have not seen any evidence to suggest Mr H has personally faced issues booking appointments. We also saw the Trust were right to direct Mr H to his GP for management of his pain.

24. We want to thank Mr H for the time he has taken to bring this part of his complaint to us, we are sorry if our decision is not what he was hoping for.

Section 39 rules

25. Mr H says the Trust did not follow section 39 when corresponding with him and did not mark his correspondence with ‘section 39 rules apply’.

26. Section 39 of The Prison Rules 1999 say, ‘a prisoner may deliver to, or receive from, the prisoner’s legal adviser and any court, either by post or during a legal visit under rule 38’. The Law says this rule only applies to a legal adviser or the courts. As the Trust is neither, this rule would not apply to it. From the evidence we have seen, the Trust has marked Mr H’s correspondence as confidential, this shows the Trust respected Mr H’s privacy.

27. We hope our explanation helps to explain why nothing went wrong with this part of the complaint.

Our Decision

1. We have carefully considered Mr H’s complaint about Northamptonshire Healthcare NHS Foundation Trust (the Trust). It is clear from what Mr H told us that events at the Trust have caused him great distress and upset.

2. With his complaint about the size of the triage rooms and safety of them there is no sign that anything went wrong. The Trust has recommended times Mr H may want to attend. We have also not seen any evidence that the rooms are unsafe. We will not be taking further action on this part of his complaint.

3. Regarding him getting pain medication, there is no sign that anything went wrong. The Trust has considered the availability of appointments and assured him that all appointments are made the same day. It correctly referred Mr H to his GP for a review of his pain medication. We will not be taking further action on this part of his complaint.

4. We then looked at his complaint about the Trust not marking his correspondence as ‘section 39 rules apply’, and there was no sign that anything went wrong. The Prison Rules 1999 say this marking is only to be used by legal advisers and the courts, so this does not apply to the Trust. We will not be taking further action on this part of his complaint.

5. We want to thank Mr H for the time he has taken to bring his complaint to us and we apologise for any further distress this decision may cause.