NSW Ombudsman
Complaints Form
Details of Complaint
Which Agency or Person: NSW State Government Agencies
Have you approached the agency or person? Yes
Please name the agency involved: Dr Victor Storm – Clinical Director, Mental Health Services – Sydney South West AHS
Please give details of your complaint:
On February 24th, 2009 I spoke by telephone with Dr Victor Storm, Clinical Director SSWAHS Mental Health, in respect of a formal complaint I was lodging against Mr Scott Fanker. I did so and emailed it to Dr Storm’s organisational email address that same day. It is my understanding that all complaints or incidents to any NSW Health organisation have to be managed on the electronic incident monitoring and management system (AIMS or IMMS). This allows senior executive staff in the clinical governance unit to note it, and also to allow for a timely response. It would appear (perhaps by his own admission) that this protocol was not followed by Dr Storm. On April 30th 2009 I again emailed Dr Storm (with an attached copy of my complaint) stating that I had not heard from the SSWAHS about any outcome in respect of my complaint against Mr Fanker. I received a response by email from Dr Storm on May 4th(the day of my termination) in which he stated: “Please be advised that Mr Fanker has been provided with a copy of your complaint and is being given an opportunity to respond.” This does not indicate that the usual procedure for dealing with a complaint or incident was being followed by Dr Storm. His final paragraph stated: “I will inform you of the outcome of my enquiries, in due course.” To the current date I had no further response from Dr Storm as to the outcome of his enquiries. What happened after you complained to the agency? My employment with the SSWAHS was terminated.
An apology from Dr Storm and the SSWAHS for the delay in his/its investigation of my complaint. An independent review of the complaint that I made against Mr Scott Fanker and the conflict of interest and improper conduct of his investigation of allegations made against me by a client of the organisation. An explanation from Dr Storm as to why he failed to implement usual NSW Health protocol for dealing with complaints, that is, electronic documentation and lodgement, and review by independent persons within the organisation of SSWAHS. I have attached copies of the original letter of complaint (Feb 2009); my follow-up email and Dr Storm’s emailed letter of May 2009. The letter of complaint indicated that in my view Mr Scott Fanker engaged in an investigative interview on 22 December 2008 with a perceived (if not actual) conflict of interest.
In that he had an abnormal relationship with the client who had made a complaint against me. On 11 December 2008 the client indicated that he had a relationship with Mr Fanker that was more therapist/client, than that of Operations Manager-SSWAHS/complainant. The client indicated in an email that by that date he’d had over 30 hours of conversation with Mr Fanker and he described Mr Fanker as his “unpaid therapist”.
It is my belief that Mr Fanker should have withdrawn from the investigative process on 22 December and that the investigation was compromised by his inappropriate association with the client. It was only at my insistence that, at a second interview on 19 February 2009, Mr Fanker withdrew from the investigative process. My reasons for that request were made perfectly clear to Miss Belinda Woolley, Senior Legal Officer – SSWAHS, on that day.
2 November 2009
Socrates makes no comment upon this complaint except to say that one has to wonder why SSWAHS has failed to act on this long overdue complaint. You be the judge!
