Ms Barbara Perry MP and the SSWAHS Executive response to complaints

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

13 April 2010

Dear Mrs Perry

RE: Complaint against the Sydney South West Area Health Service – Mental Health I write in reference to my correspondence of 4 November 2009, a copy of which is enclosed, in which I expressed some serious concerns I had about the state of the safety of staff working in the mental health services of the Sydney South West Area Health Service.

As the Minister responsible for Mental Health assisting the Minister for Health I thought it would be appropriate for me to draw these matters of concern to your attention. It is disappointing, therefore, to have not received a response or even an acknowledgement from your office that you may share these concerns and consider that some appropriate action be taken to address the issues of a safe working environment for staff working in mental health assessment and treatment services, particularly in a rural or regional area.

Yours sincerely,

Kevin O’Neill

Psychologist and
Credentialed Mental Health Nurse

As was the case for the NSW Minister for Health, Ms Carmel Tebbutt, Socrates is aware that Mrs Barbara Perry, the NSW Minister assisting Ms Tebbutt, also failed to respond to this second letter from a complainant in the Southern Highlands. Where is the duty of care and the Ministerial responsibility expected by the voters of New South Wales?

Do SSWAHS and the NSW Minister for Health really care about complaints?

Having been back from his leave for a week Mr Graeme Slade, the SSWAHS Designated Senior Complaints Officer, has continued to show his disdain about providing the written feedback to a series of complaints made almost 12 months ago. Socrates has no knowledge of Mr Slade and, possibly, he could be a diligent individual who takes his job seriously. He could, however, be somewhat constrained by a more senior figure in the SSWAHS Executive. So in the interest of ensuring that others might be willing to draw their own conclusions, Socrates has undertaken to ensure that the truth be told. I take the view that, in a democratic society, the freedom of speech is still possible.

Ms Carmel Tebbutt, MP
Minister for Health
Level 30, Governor Macquarie Tower
1 Farrer Place Sydney NSW 2000

13 April 2010

Dear Ms Tebbutt

RE: Complaint against the Sydney South West Area Health Service

I write in reference to my correspondence of 4 November 2009, a copy of which is enclosed, in which I expressed some serious concerns I had about the state of the safety of staff working in the mental health services of the Sydney South West Area Health Service and of the clinical governance exercised by the Area Executive.

As the Minister responsible for Health I thought it would be appropriate for me to draw these matters of concern to your attention. It is disappointing, therefore, some six months later to have not received a response or even an acknowledgement from your office that you may share these concerns and consider that some appropriate action be taken to address the issues I relayed to you, among others, of a safe working environment for staff working in mental health assessment and treatment services, particularly in a rural or regional area.

Yours sincerely,

Kevin O’Neill
Psychologist and
Credentialed Mental Health Nurse

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