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Responses > 174-2022

Freedom of Information request 174-2022

Response published: 7 March 2024

FOI Request

FREEDOM OF INFORMATION REQUEST RESPONSIBILITY FOR ONGOING COMPLAINTS AS AT 31 MARCH 2020/1 April 2020 2gether Mental Health Trust Herefordshire and Hereford and Worcester NHS Trust FREEDOM OF INFORMATION REQUEST ONGOING COMPLAINTS Merger of 2gether Mental Health Trust Herefordshire and Hereford and Worcester NHS Trust as of 31 March 2020/ 1 April 2020 -------------------------Mr Philip Southam Data Protection Officer Gloucester NHS Trust My name is Paul Sheeran. I have had correspondence with you when you were the data protection officer for 2gether Mental Health Trust concerning disclosure of medical records for my mother who has now sadly died. Our family have an ongoing complaint, initially raised with 2gether mental Health Trust before merger with Hereford and Worcester NHS Trust. I am trying to establish legal responsibility for ongoing complaints following merger of 2gether Mental Health Trust Herefordshire and Herefordshire and Worcester NHS Trust 31 March 2020/1 April 2020 Question 1 Which of the two NHS Trusts named above is legally responsible for complaints that were ongoing against 2gether mental health services Trust Herefordshire as at 31 March/1 April 2020 following transfer of staff and merger with Herefordshire and Worcester NHS Trust as of 1 April 2020. Question 2 May I please have a copy of the Legal Document showing details of agreement of both NHS Trusts above on legal responsibility for ongoing complaints following merger of 2gether Mental Health Trust Herefordshire and Herefordshire and Worcester NHS Trust that came into affect on 1 April 2020. I believe I should have a reply within 28 days. Can you please confirm receipt of this Freedom of information Request? I have copied in others to this Freedom of Information request

FOI Response

Trust HQ
Edward Jenner Court
1010 Pioneer Avenue
Brockworth
Gloucester
GL3 4AW
Tel: 0300 421 8100
E-mail: freedomofinformation@ghc.nhs.uk Website: www.ghc.nhs.uk
Date: 27th July 2022
Sent via e-mail to:- paul.water@btinternet.com
————————-Mr Sheeran,
Freedom of Information Request – Ref: FOI 174-2022
Thank you for your recent Freedom of Information request. Please find our response below:
Question 1
Which of the two NHS Trusts named above is legally responsible for complaints that were ongoing against 2gether mental health services Trust Herefordshire as at 31 March/1 April 2020 following transfer of staff and merger with Herefordshire and Worcester NHS Trust as of 1 April 2020.
NHS England states that legal liability and responsibility for ongoing complaints lies with the organisation where care started. In this instance, Gloucestershire Health and Care NHS Foundation Trust formally 2gether Mental Health Trust and Gloucestershire Care Services NHS Trust. holds legal responsibility for complaints that were ongoing against 2gether Mental Health Trust prior to merger in October 2019.
Additionally, Gloucestershire Health and Care NHS Foundation Trust holds legal responsibility for complaints that were ongoing against 2gether Mental Health Trust Herefordshire prior to merger with Herefordshire and Worcestershire Health and Care NHS Trust in April 2020.
All complaints raised against 2gether Mental Health Trust should be investigated in line with Trust and NHS England Complaint Policies.
Question 2
May I please have a copy of the Legal Document showing details of agreement of both NHS Trusts above on legal responsibility for ongoing complaints following merger of 2gether Mental Health Trust Herefordshire and Herefordshire and Worcester NHS Trust that came into affect on 1 April 2020.
Legal liability and responsibility for ongoing complaints remains with 2gether Mental Health Trust now Gloucestershire Health and Care NHS Foundation Trust.. As no transfer of legal liability and responsibility took place, there is no associated legal documentation. Should you have any queries in relation to our response in this letter, please do not hesitate to contact me. If you are unhappy with the response you have received in relation to your request and wish to ask us to review our response, you should write to: –
– Head of Legal Services / Associate Director of Corporate Governance Gloucestershire Health and Care NHS Foundation Trust
Edward Jenner Court
1010 Pioneer Avenue
Gloucester Business Park
Brockworth
GLOUCESTER GL3 4AW
——-
E-mail: —
If you are not content with the outcome of any review, you may apply directly to the Information Commissioner’s Office ICO. for further advice/guidance. Generally, the ICO will not consider your case unless you have exhausted your enquiries with the Trust which should include considering the use of the Trust’s formal complaints procedure. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Yours sincerely,
Freedom of Information Officer
On behalf of Gloucestershire Health & Care NHS Foundation Trust