SSWAHS - Mr Scott Fanker and the NSW Health Care Complaints Commission

Socrates again looks at how a complaint from a dying Southern Highlands woman, supported by a concerned person, can be ignored by an unfeeling SSWAHS Executive - until after she had died. Then the complaint against one of their own was dismissed because the victim of the behaviour was now dead. How callous is that!

Mr Ian Thurgood

Director

Complaint Assessment Branch

Health Care Complaints Commission

Locked Mail Bag 18

Strawberry Hills NSW 2012

12 April 2010

Dear Mr Thurgood,

Thank you for your response to my complaint in which I act as an advocate for the late Ms B P. On the basis of the information provided in your response I wish to request a review of the decision the Commission has taken for not proceeding.

I must confess that I remain appalled at the way in which the SSWAHS has dealt with this serious complaint and the way in which it dealt with the original complaint made by Ms B P in 2007.

In respect of my complaint lodged with the Commission in November 2009 I made the following statement:

“In late 2007 or early 2008 the person affected and named above was a client of the Bowral Community Mental Health Service. She was being treated by a psychiatrist at the Browne Street Community Mental Health Service with whom she had elected to be treated while she remained residing in her home at Bundanoon. She had formed a good therapeutic relationship with that doctor who, nevertheless, requested care coordination and support be offered to the patient by the local Bowral Mental Health Service.”

In your response you note that I reported that Ms B P had reported her concerns about the alleged professional misconduct by Mrs T K, her assigned care coordinator in late 2007. I recall making a record of Ms P’s exchanges of text messages with me and placing a transcript of the messages in her file, at that time held at the Bowral Community Health Centre. I am unable to confirm the exact dates and the exact content of those text messages because I do not have access to her clinical file. I do note that I did enter the complaint in the NSW Health incident reporting system (IMMS) which would have made it available to the SSWAHS Area Executive and the Area Mental Health Service. A record of the incident and its subsequent management would be available on the electronic history of the incident held by the SSWAHS and NSW Health.

I suggest that if the Commission gained access to the clinical file of Ms BP and of the IMMS report of the alleged incident of professional misconduct they would have a better understanding and timeframe of the events associated with the original complaint made by Ms BP.

Mr Thurgood, there are some issues with the SSWAHS response which, singly and collectively, cause me great concern.

When the issue of the alleged professional misconduct was first raised by Ms B P and lodged with the electronic incident monitoring system, Mrs T K was still employed by SSWAHS. I can confirm that she was asked by me to withdraw from her role as care coordinator to Ms B P as a result of my receiving the texted information which was recorded in the clinical notes. Mrs T K was advised that this was due to a complaint received although she was not informed of the substance of the complaint. She was, however, informed that the complaint would be investigated. Subsequently, Mrs T K resigned from her position in April 2008 and commenced working for the Southern Highlands Division of General Practice, providing clinical services as a registered nurse and psychologist to the present day.

I believe the complaint made by Ms B P to the General Manager’s Unit of Bowral District Hospital on 13 August 2008 was, in part, due to the reluctance of Ms B P to continue to be care coordinated by the Bowral Mental Health Service. The fact that she may have again raised the matter of the earlier allegation of professional misconduct would be, to a reasonable person, indicative that she was not satisfied of the actions of the SSWAHS Executive in general, and of Mr Scott Fanker of the SSWAHS Area Mental Health Service in respect of her earlier complaint.

There was a meeting scheduled by the General Manager of the Bowral District Hospital in late 2007 in response of her earlier complaint. This would suggest that Ms B P’s complaint was seen as having some urgency and there was an attempt then to deal with it before Mrs T K resigned in April 2008. It does not surprise me that Ms B P postponed that meeting due to the fact that she was both emotionally and physically unwell and that she had the support of her treating psychiatrist Dr Kim Nguyen of the Browne Street Mental Health Service in Campbelltown.

With the subsequent diagnosis of the inoperable large cell lung cancer in late 20 08 or early 2009 it could be reasonably assumed that Ms B P would be less preoccupied with the complaint originally made in 2007 and the apparent lack of diligence on the part of Mr Fanker and of SSWAHS and the Area Mental Health Service to deal with the issue of an alleged serious professional misconduct made against Mrs T K.

Mr Thurgood, you note in your response that there was an emailed response to my letter to Ms B P in November 2009. You report her statement about her inoperable cancer and that she had other things to occupy her mind than pursuing the complaint. The email also indicated that her mental state was more stable and that she had been living at her home in Bundanoon since the diagnosis was made. She also makes a pointed statement about her perception of Mr Scott Fanker of the SSWAHS Area Mental Health Service and his actions and attitude to her complaint. A reasonable person could suggest that with her diminished confidence in the processes of complaint resolution in SSWAHS she would be unlikely to take up any offer made by Mr Fanker.

Finally, I find it extraordinary that SSWAHS, with its access to Ms B P’s clinical record and the electronic incident monitoring system could not respond to the Commission’s request for a response in a period of four months, but could only do so a short time after they knew of Ms B P’s death in early February in Bowral District Hospital. A reasonable person would have some difficulty in seeing any serious intent on the part of SSWAHS to deal in a timely way, with diligence and transparency with the Commission’s request for a response and for bringing some appropriate resolution to Ms B P’s first complaint in late 2007.

In summary then, I wish to make the following observations as the basis for my request for a review:

Ø It may be appropriate for the Commission to question why the SSWAHS was unable to respond any earlier than after the death of Ms B P when they appeared to have ready access to the limited information and facts that they appear to have provided to the Commission.

Ø The Commission may wish to ask the SSWAHS Area Mental Health Service why they did not use the services of their Patient Advocate, Mrs Gillian Holt, to visit Ms Pickersgill at her home or to gain further information about the complaint of 2007 and 2008. Mrs Holt lives in the Southern Highlands, is a Carer of a person with a mental illness and has regularly worked with people with a mental illness. This option of interviewing Ms B P does not appear to have been considered by SSWAHS even up to the time of Ms B P’s death in February 2010.

Ø The Commission may wish to consider whether or not SSWAHS attempted to use Ms B P’s treating psychiatrist, Dr Kim Nguyen, a SSWAHS employee who was a person of confidence to Ms B P during her treatment between 2007 and 2009 and possibly to 2010, in order to elicit an understanding of the complaint made by Ms B P.

Ø The Commission may wish to ask SSWAHS why they did not report the alleged professional misconduct of Mrs T K to the Nurse’s and Midwive’s Registration Board and to the Psychologist’s Registration Board as required by the reporting requirements of NSW Health Code of Conduct (9.1).

Ø The Commission may wish to ask the SSWAHS why Mr Scott Fanker and the SSWAHS did not show fairness in dealing with Ms B P’s complaint of 2007/2008 consistently, promptly, transparently and fairly as required by the NSW Code of Conduct (6.1).

Ø The Commission may wish to ask Mr Scott Fanker (SSWAHS)whether his decision and/or professional behaviour to Ms B P was lawful; is in line with the policies of SSWAHS; and whether his decision or behaviour can be justified in terms of public interest and whether it could withstand public examination (NSW Health Code of Conduct 1.1.1; 1.1.2; 1.1.6).

Yours sincerely,

Kevin O’Neill

Socrates reports this information for the information of all who might be concerned about the way in which this Area Health Service treats complaints by the consumers of their health services. You be the judge!

SSWAHS - Dr Victor Storm - Mr Scott Fanker: A case of smoke and mirrors?

Socrates has been informed that the complainant from the Southern Highlands did make the following response to Dr Victor Storm just ten months after he first made the complaint. Socrates can't help but note that the December response from Dr Storm bore a remarkable similarity to the one he made in May 2009 when he announced that he'd ask Mr Fanker to investigate himself!


Dr Victor Storm Clinical Director
Area Mental Health Service
Sydney South West Area Health Service
Concord Hospital,
Hospital Road
CONCORD NSW 2139


31 December 2009


Dear Dr Storm,

I refer to your letter of 23^rd December 2009 and note the brief statement in its content.

Please be advised that I do not accept your response as an adequate explanation of my complaint and, following the advice from the NSW Ombudsman, will take the matter to a higher level.

Notwithstanding the above, I believe that the headings of dispute with your finding are as follows and are evident within the NSW Health Code of Conduct:

1.1.Personal and professional behaviour: (p.10)

• Openness, honesty and accountability.

• My decisions will be fair and impartial.

1.2.Good faith: (p.10)

• I will undertake all my duties in good faith and in the spirit of honesty, correct purpose and with the best motives.
  
• I will ensure that my actions are appropriate and totally within the area of my authority.

1.3.Personal relationships with patients or clients: (p.11)

• I will not have personal relationships with patients or clients that result in any form of exploitation, obligation or sexual gratification.

1.4. Managing conflicts of interest: (p.12)

• I will avoid situations that give rise to conflicts of interest.

• I will report any actual, potential or perceived conflicts of interest to my immediate supervisors, my Health Service Chief Executive or his or her delegate at the first available opportunity, preferably in writing. A decision can then be made as to what action should be taken to avoid or to deal with the conflict.
• If I’m not sure whether a conflict exists, I will discuss the matter with my immediate supervisor to try and resolve the matter.
  

1.5.Fairness in decision making: (p.18)

I will:

• Deal with issues, cases or complaints consistently, promptly, openly and fairly.

• Act fairly and reasonably when using any statutory or discretionary power that could affect individuals within or outside of NSW Health.
• Avoid any unnecessary delay in making decisions or taking action.
• Take all reasonable steps to ensure that the information I act or decide on is factually correct and relevant.
  

1.6. Appealing decisions: (p.18)

• I will promptly inform individuals who are adversely affected by or who wish to challenge a decision, of their rights to object, appeal or obtain a review.
  
• I will also inform them how they can exercise those rights.
  

With respect, your own delay in providing a formal response to a complaint made on 23 February (with a reminder in May 2009) is appalling to say the least.

It certainly flies in the face of Fairness in decision making and Appealing decisions noted above in the NSW Health Code of Conduct.

Yours sincerely,

Kevin O’Neill

Again, Socrates does not wish to do anything other than make the case for the person who feels that there has been no clear process followed by Dr Storm and SSWAHS in dealing with complaints - a process that is clearly established by the NSW Health for all its Health Services administrators to follow.

Dr Victor Storm - SSWAHS - Complaint to NSW Ombudsman

Socrates continues to be the public voice of this complainant who stills awaits any response, formal or informal, from the Executive of the Sydney South West Area Health Service.

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:

1. On February 24^th, 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.
   
2. 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.
3. It would appear (perhaps by his own admission) that this protocol was not followed by Dr Storm.
   
4. On April 30^th 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 4^th(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.”
   
5. 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.”
   
6. 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.

What do you want to happen for your complaint to be resolved?

1. An apology from Dr Storm and the SSWAHS for the delay in his/its investigation of my complaint.
   
2. 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.
   
3. 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.
   
4. 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.
5. 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.
  

Your details: Kevin O’Neill

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!

SSWAHS - Mr Scott Fanker - Complaint to NSW Ombudsman

Socrates continues to be the public voice of this complainant who still awaits any response, formal or informal, from the Executive of the Sydney South West Area Health Service.

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: Mr Scott Fanker – Operations Manager, S-W Cluster, Mental Health Services – Sydney South West Area Health Service

Please give details of your complaint:

1. In regard to the failure of the organisation to exercise due diligence to protect their staff: During early 2008 a client (PK) of the SSWAHS organisation provided the Bowral service with a copy of his blog entry dated 13 March 2007 and titled “Triage”. This article purported to give an account of the way in which the Bowral Mental Health Service responded to their clients. It was posted to the internet and could constitute defamation.
2. It was shown to the Clinical Director, Mental Health S-W Cluster, Dr Angelo Virgona, whose only response was to laugh.
3. On December 22, 2008 I provided the Operations Manager Mental Health S-W Cluster, Mr Scott Fanker with the content of a tape recorded message by the client in which he defamed the person and reputation of an elderly staff member of Berrima Cottage (the Bowral Mental Health rehabilitation unit). To date no action has been taken to provide advice or support by the organisation to that staff member.
4. On the same date (December 22^nd), I requested Mr Fanker to offer a response to my question: “Does the Area Mental Health Service accept the “Zero Tolerance to Aggression” policy issued by NSW Health? If so, how does it intend to protect the staff of the Wingecarribee Mental Health Service from ‘Paul C’?” His response was: ”Um, no this is an interview with you, not an interview with us so I’ll read those questions and we can speak about that um outside of the interview process, anything else you want to say?”
5. At that interview I was also asked by Mr Fanker “What would you like us to do” about the threats of violence against staff (and myself) made by the client? I responded by asking the organisation to take out an AVO against the client to restrict his access to staff while he was intoxicated or otherwise threatening. I was told by Mr Fanker: “That will only inflame the situation”.
6. Between December 22, 2008 and May 4, 2009 Mr Fanker had opportunity to respond to my questions posed in the interview of December 22, but never did so. Mr Fanker also claimed to have had no knowledge of the ongoing nature of the attacks, both verbal and written by the client about the staff members and the service over a 2 year period. However, in early December the client stated in an email that he “had more than 30 hours of discussion with Mr Fanker about his issues with the staff and service. And that Mr Fanker had read all his notes, documents and history”.
7. Mr Fanker, also in an email in early December 2008, to a person being verbally attacked by the client, stated that he’d gone thoroughly through all the blog postings of the client. Those postings had commenced in early March 2007.
   
8. On Monday, January 12^th 2009 I spoke with Mr Scott Fanker about a blog posting by the client which was titled “O’Neill” and dated Sunday 11^th January. In this blog my full name was advertised in capitals, I was called (among other things) that “DOG O’NEILL”, “JOKE O’NEILL” and “that cunning sly dog O’Neill”. I asked Mr Fanker if he had seen it. He opened the blog and read it while we spoke and stated that he would attempt to have the client remove it from his blog. Subsequently, I received an email from Mr Fanker stating: “Now is not the time to ask him (the client) to remove the blog posting”. It remained on the internet for a number of days until the client’s brother removed it.

What happened after you complained to the agency? My employment with the SSWAHS was terminated.
What do you want to happen for your complaint to be resolved?

1. An apology from Mr Fanker and the SSWAHS for the delay in his/its investigation of my complaint about the lack of support for, and protection of, its staff.
2. An independent review of the complaint that I made about the lack of support and protection for staff of the Bowral Community Mental Health Service.
3. An explanation from Mr Fanker as to why he failed to implement usual NSW Health protocol for dealing with aggression directed towards staff employed within the organisation of SSWAHS.

I have attached copies of the original transcript (Dec 2008); and my original questions posed to Mr Fanker, which have to date, remained unanswered.

Your details: Kevin O’Neill

5 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!

SSWAHS - Ms Jan Whalan - Complaint to the NSW Ombudsman

Socrates continues to be the public voice of this complainant who stills awaits any response, formal or informal, from the Executive of the Sydney South West Area Health Service.

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: Ms Jan Whalan –Director of Corporate Services – Sydney South West Area Health Service

Please give details of your complaint:

1. On 20 March 2009 I received at my home an email with attached letter from Ms Jan Whalan, informing me that the Area Health Service had been forwarded an email that threatened my life, the lives of other community members and members of my family. In her letter Ms Whalan indicated that she felt the threat was real enough that she informed the local police, and was encouraged by them to inform me and others to take the action by personally reporting the matter to the police. The police took the view that a client of the SSWAHS organisation was the author of the threat.
   
2. Between December 4^th 2008 and July 2009 I was forwarded a constant stream of emails sent by the client directed to myself and others, the content of which was constantly denigrating and threatening to myself and others. Those emails from the organisation’s client were eventually simply forwarded on by others and I to the key senior Executive members of the SSWAHS already involved an investigation of the client’s allegations. This was an attempt on my part to alert the organisation that the activities of their client remained harassing and threatening to me and others in the community.
   
3. The only response came from Ms Jan Whalan, Director of Corporate Services – SSWAHS who, on June 9^th 2009 sent me an email which stated: “Dear Sir, I am adding your email address to my junk email address list. I am not going to read or reply to emails from :platwood@hinet.net.au I have advised Victor Storm, Angelo Virgona and Scott Fanker to do likewise. Jan Whalan”.
   
4. The same message was received by me on June 15^th 2009 from Dr Angelo Virgona.
   
5. The harassment of me and others in the local community from the organisation’s client continued unabated until the end of July 2009. It also included calls made by the organisation’s client to the home phone of myself and others.
6. I believe that I have been diligent in reporting all threats of violence, real and potential, towards myself and other staff through the electronic incident monitoring and management system. There had been only one aggression reduction training session provided to the staff of the service. There has been no offer of a personal duress alarm system, given to community based mental health staff, which is provided routinely for all inpatient mental health staff. This I believe is discriminatory.
   
7. The organisation’s client has provided evidence that he has improperly received details of a personal nature about me from within the organisation. The fact that the client himself identifies Mr Scott Fanker (Operations Manager, S-W Cluster Area Mental Health – SSWAHS) as the person with whom he was in most frequent contact, and whose opinions he has published in his blog postings, would suggest, on the balance of probability, that there was a possible disclosure from that senior Mental Health Executive member, thereby breaching my confidentiality.
   
8. As a result of the SSWAHS investigation and decision to terminate my employment, on May 11, 2009 I was reported by Ms Jan Whalan to the NSW Nurses and Midwives Registration Board, and the NSW Psychologists Registration Board. It has only just been resolved by both Boards and the HCCC in October 2009 that no action against me, by the relevant Boards, will follow the lodgement of those complaints by the SSWAHS.
   
9. While the SSWAHS might suggest that they had an obligation to inform the Boards of the outcome of their investigation, they did not do so until seven days after my termination. That action by Ms Whalan has produced an outcome that has seriously hindered my capacity to develop meaningful employment in my professions in both the public and private health sectors.

What happened after you complained to the agency? My employment was terminated by SSWAHS.

What do you want to happen for your complaint to be resolved?

1. An apology from Ms Whalan and the SSWAHS for their refusal to ensure the safety of an employee of the Area Health Service.
   
2. An independent review of the complaint that I made against Mr Scott Fanker and his conflict of interest and improper conduct in his inappropriate relationship with the client of the organisation during his investigation of allegations made against me by that client.
   
3. An explanation from Ms Whalan as to why she knowingly failed to implement usual NSW Health protocol for dealing with aggression from clients directed towards employees of the organisation, that is, her refusal to accept the proof of that aggression when it was forwarded to her for appropriate action. I have attached copies of Ms Whalan’s letter (20 March 2009) and the client’s threatening email.

Your details: Kevin O’Neill

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!

SSWAHS and the NSW Government response.

Socrates now gives the second of the letters to the NSW Health's Minister for Cancer and Mental Health, who assists Ms Carmel Tebbutt, the NSW Minister for Health.

Mrs Barbara Perry, MP
Minister assisting the Minister for Health(Mental Health and Cancer)
Level 33, Governor Macquarie Tower
1 Farrer PlaceSydney NSW 2000
4 November 2009

Dear Mrs Perry

Complaint against the Sydney South West Area Health Service – Mental Health

I write to you on advice from the NSW Anti-Discrimination Board as the specifics of my issues do not fall within their jurisdiction. My complaint relates to senior executive staff of the Area Health Service and in particular members of its Division of Mental Health.

The following are the facts as I stated them previously to the ADB. Please excuse the length of this letter.

On May 4^th 2009 my employment with the Sydney South West Area Health Service was terminated by letter from the organisation’s CEO Mr Mike Wallace. At the time of my termination I was Manager of the Bowral Community Mental Health Services.

I believe that I have been discriminated against in my employment and that I have been victimised by the persons named above. However, the primary issue is that the organisation failed to provide myself and other staff adequate protection against the aggression and violence directed towards me by a client of the organisation, contrary to the prescription of NSW Health and it’s “Zero Tolerance” Policy.

The reason for my termination, following an investigation, was on “the balance of probability”, and because it was thought that I was “involved” with others in responding to a client’s defamatory comments on his internet blog. I believe that the presumption of my guilt prior to the commencement of any investigation and the lack of clear evidence of that guilt was discriminatory. As was the failure of the SSWAHS to provide adequate support and protection of myself (and other staff) from the threats of death, violence and aggression and actual defamatory comments posted on the internet all perpetrated by the organisation’s client.

Previously in 2009, I lodged an ADB complaint against the client of the organisation, due to his continued attacks and public vilification against me. I was informed that the complaint could not proceed but that I could consider a complaint against the organisation due to its lack of due diligence in providing a safe working environment and for failing to institute the NSW Health policy of “Zero Tolerance against Violence”. I also spoke with a legal firm that specialises in employment-related law. I was advised by them that, in the absence of any evidence that the organisation did anything procedurally incorrect with regards to the termination, I was unlikely to succeed in any legal case seeking reinstatement.

As a result of the SSWAHS investigation and decision to terminate my employment, on May 11, 2009 I was reported by Ms Jan Whalan to the NSW Nurses and Midwives Registration Board, and the NSW Psychologists Registration Board. It has only been resolved by both Boards and the HCCC in October 2009 that no action against me, by the relevant Boards, will follow the lodgement of those complaints by the SSWAHS. While the SSWAHS might suggest that they had an obligation to inform the Boards of the outcome of their investigation, their action has produced an outcome that has seriously hindered my capacity to develop meaningful employment in my professions in both the public and private sectors.

In regard to the failure of the organisation to exercise due diligence to protect their staff: During early 2008 the client provided the service with a copy of his blog entry dated 13 March 2007 and titled “Triage”. This article purported to give an account of the way in which the Bowral Mental Health Service responded to their clients. It was posted to the internet and could constitute defamation. It was shown to the Clinical Director, Mental Health SW Cluster Dr Angelo Virgona whose only response was to laugh.

On December 22, 2008 I provided the Operations Manager Mental Health SW Cluster, Mr Scott Fanker with the content of a tape recorded message by the client in which he defamed the person and reputation of an elderly staff member of Berrima Cottage (the rehabilitation unit). To date no action has been taken to provide advice or support by the organisation to that staff member. On the same date (December 22^nd), I requested Mr Fanker to offer a response to my question: “Does the Area Mental Health Service accept the “Zero Tolerance to Aggression” policy issued by NSW Health? If so, how does it intend to protect the staff of the Wingecarribee Mental Health Service from ‘Paul C’?” His response was: ”Um, no this is an interview with you, not an interview with us so I’ll read those questions and we can speak about that um outside of the interview process, anything else you want to say?” At that interview I was also asked by Mr Fanker “What would you like us to do” about the threats of violence against staff (and myself) made by the client? I responded by asking the organisation to take out an AVO against the client to restrict his access to staff while he was intoxicated or otherwise threatening. I was told by Mr Fanker: “That will only inflame the situation”.

Between December 22, 2008 and May 4, 2009 Mr Fanker had opportunity to respond to my questions posed in the interview of December 22, but never did so. Mr Fanker also claimed to have had no knowledge of the ongoing nature of the attacks, both verbal and written by the client about the staff members and the service over a 2 year period. However, in early December the client stated in an email that he “had more than 30 hours of discussion with Mr Fanker about his issues with the staff and service. And that Mr Fanker had read all his notes, documents and history”. Mr Fanker, also in an email in early December 2008, to a person being verbally attacked by the client, stated that he’d gone thoroughly through all the blog postings of the client. Those postings had commenced in early March 2007.

On Monday, January 12^th 2009 I spoke with Mr Scott Fanker about a blog posting by the client which was titled “O’Neill” and dated Sunday 11^th January. In this blog my full name was advertised in capitals, I was called (among other things) that “DOG O’NEILL”, “JOKE O’NEILL” and “that cunning sly dog O’Neill” . I asked Mr Fanker if he had seen it. He opened the blog and read it while we spoke and stated that he would attempt to have the client remove it from his blog. Subsequently, I received an email from Mr Fanker stating: “Now is not the time to ask him (the client) to remove the blog posting”. It remained on the internet for a number of days until the client’s brother removed it.

On February 24^th, 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 30^th 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 4^th 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 this date I had no further response from Dr Storm as to the outcome of his enquiries. On March 19^th 2009 while on sick leave from the organisation I sent an email to Ms Jacqui Clark the Acting Manager of Human Resources – SSWAHS to express my concern that personal information about myself, including the fact that I was on leave from my position, was made known to the organisation’s client who was harassing me. The client began to publish comments on his internet blog that directly conveyed his intimate knowledge of my being on leave, but also the nature and duration of that leave. The client went so far as to publish the fact that the investigation was almost at an end (of which I had not been informed), that the outcome would be negative for me, and that I would most likely be offered retirement or the capacity to be allowed to plead work related stress. I received no response from the SSWAHS Human Resources Department about any breach of my confidentiality by persons from within the Area Health Service to the organisation’s client.

Between May 4^th 2009 and July 2009 I was forwarded a constant stream of emails sent by the client directed to myself and others, the content of which was constantly denigrating and threatening to myself and others. Those emails from the organisation’s client were simply forwarded on by myself to the key senior Executive members of the SSWAHS already involved in the investigation. This was an attempt on my part to alert the organisation that the activities of their client remained harassing and threatening to myself and others in the community. The only response came from Ms Jan Whalan, Director of Corporate Services – SSWAHS who, on June 9^th 2009 sent me an email which stated: “Dear Sir, I am adding your email address to my junk email address list. I am not going to read or reply to emails from platwood@hinet.net.au. I have advised Victor Storm, Angelo Virgona and Scott Fanker to do likewise. Jan Whalan”. The same message was received by me on June 15^th 2009 from Dr Angelo Virgona. The harassment of myself and others in the local community from the organisation’s client continued unabated until the end of July 2009. It also included calls made by the organisation’s client to the home phone of myself and others.

I believe that the foregoing indicates that the SSWAHS discriminated against me in my employment with them, and in my capacity to perform my clinical duties subsequently. I believe that the SSWAHS did not provide the safe working environment to myself usually expected by from an employer by an employee. In that they did not offer support to me when it was reported to them by other staff that the client of the organisation was seeking me “to blow my head off”. This threat was conveyed to me while I was in the presence of Dr Angelo Virgona. This stated threat was also repeated to my immediate line Manager Mr William Midson, and to Mr Scott Fanker and to Ms Belinda Woolley on more than one occasion.

An attempt by me to gain some personal duress security alarms for myself and my staff in about 2006 was terminated by Ms Jan Whalan. I was advised by Dr Angelo Virgona that the reason for not providing them was that Ms Jan Whalan reportedly said that every community based nurse would want access to one. The fact that Mr Scott Fanker also heard the client, with whom he was very familiar, recording defamatory and threatening comments about an elderly female staff member should have indicated to a senior executive member of the Mental Health Service that the client of the organisation presented a real danger to staff of the service. Yet nothing was done by SSWAHS to lessen that potential danger.

I believe that I have been diligent in reporting all threats of violence, real and potential, towards myself and other staff through the electronic incident monitoring and management system. There had been only one aggression reduction training session provided to the staff of the service. There has been no offer of a personal duress alarm system, given to community based mental health staff, which is provided routinely for all inpatient mental health staff. This I believe is discriminatory. The organisation’s client has provided evidence that he has improperly received details of a personal nature about me from within the organisation. The fact that the client himself identifies Mr Scott Fanker as the person with whom he was in most frequent contact, and whose opinions he has published in his blog postings, would suggest, on the balance of probability, that there was a possible disclosure from that senior Mental Health Executive member, thereby breaching my confidentiality.

Since my termination from the SSWAHS I have been reported to the HCCC and to the NSW Nurses and Midwives Registration Board and the NSW Psychologists Registration Board by Ms Jan Whalan (Director for Corporate Services-SSWAHS). I have responded willingly to the HCCC and to the registrations boards and have been informed by them that they are satisfied that I remain a fit and proper person to practise my professions. However, the path to developing my private practice has been set with many hurdles, primarily due to the behaviour of the Area Health Service staff in dealing with the issues of staff safety, confidentiality and support.

The purpose of this letter, therefore, is to:

• inform you of those issues endemic in the mental health services in SSWAHS;

• seek an apology from SSWAHS for the emotional hurt and harm they have done to me and my professional reputation; and,

• address the shortcomings in the SSWAHS mental health service, particularly in this rural area.

Yours sincerely,
Kevin O’Neill

SSWAHS and the writing on the wall. Time's up!

Socrates has been informed that there has been no response to the series of complaints made by one resident of the Southern Highlands to SSWAHS and NSW Health more than 11 months ago. It would appear that even the email to Mr Graeme Slade, the SSWAHS Designated Senior Complaints Officer, appears to have been unanswered. Well, Socrates suggests that any reasonable citizen of the old Athenian culture would suggest that time is of the essence in the delivery of the democratic responsibilities of government, whether it be of an organisation, or a State.

For this reason the complainant has now made available some of the complaints made to the NSW Ministers for Health, about one year ago, and as yet unanswered. Socrates suggests that reader can make their own determination as to whether these complaints were justified concerns.

Ms Carmel Tebbutt, MP

Minister for Health

Level 30, Governor Macquarie Tower

1 Farrer Place

Sydney NSW 2000

4 November 2009

Dear Ms Tebbutt

RE: Complaint against the Sydney South West Area Health Service

I write to you on advice from the NSW Ombudsman’s office as the specifics of my complaint should be first forwarded to you as Minister for Health. My complaint relates to senior executive staff of the Area Health Service and, in particular, to two senior members of its Division of Mental Health. The following are the facts as I stated them previously to the NSW Ombudsman.

1. On February 24^th, 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.
2. It is my understanding that all complaints or incidents to any NSW Health organisation have to be entered and 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 to it.
3. It would appear (perhaps by his own admission) that this protocol was not followed by Dr Storm. On April 30^th 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.
4. I received a response by email from Dr Storm on May 4^th (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.”
5. To the current date I have had no further response from Dr Storm as to the outcome of his enquiries.

Since my termination from the SSWAHS I have been reported to the HCCC and to the NSW Nurses and Midwives Registration Board and the NSW Psychologists Registration Board by Ms Jan Whalan (Director for Corporate Services-SSWAHS).

I have responded willingly to the HCCC and to the registrations boards and have been informed by them that no action against me will be taken and that they are satisfied that I remain a fit and proper person to practise my professions. However, the path to developing my private practice has been set with many hurdles, primarily due to the behaviour of the Area Health Service staff in dealing with the issues of staff safety, confidentiality and support.

A more detailed letter concerning those issues has been forwarded to the Hon. Mrs Barbara Perry, MP for her consideration as Minister assisting you in matters of Mental Health and Cancer.

The purpose of this letter, therefore, is to:

• inform you of those issues suggesting the inappropriate way a complaint is dealt with in the SSWAHS;
• indicate the lack of response to a serious complaint related to the Code of Conduct against a senior manager of the SSWAHS;
• seek an apology from Dr Storm and the SSWAHS for the delay in his/its investigation of my complaint.
• seek 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.
• seek 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.
• seek an apology from SSWAHS for the emotional hurt and harm they have done to me and my professional reputation; and,
• address the shortcomings in clinical governance in the SSWAHS mental health service, particularly in this rural area.

Yours sincerely,

Kevin O’Neill