Hospital Complaint For Breach Of Equality Act 2010

Fergie76

Fruitcake wrote: »

Presumably you will be wanting a copy of this novation. If it miraculously does exist then I would want to see the original just to make sure someone hasn't just produced a new version to cover their @rses.

Yep, sure will. :beer:

Fergie76

Just emailed this to the hospital:

Thank you for the reply.

From your reply it is my belief that you have failed to fulfil my original FOI request where I requested a copy of your contract with APCOA. This novation forms a fundamental part of the contract and has not been supplied, therefore can you please forward me a certified true copy of the novation as soon as possible in order for you to fulfil your obligations under the FOI Act? Please note, this is not a new FOI request, but merely a request that you comply with the original FOI request.

When do you expect Gary Munn to reply to the GPEOL request?

bod1467

I read this thread and this came to mind ..

Fergie76

Just emailed the CEO:

I would now like you to take personal control of my complaints and issues raised, as your staff are clearly not fit for the job. Your staff seem to think it’s ok to break the law at every juncture from the Equality Act to the Freedom of Information Act to being complicit in obtaining money illegally.

It is quite clear from correspondence that I have had with the Trust so far that your staff don’t know the meaning of making reasonable adjustment for people that require it within the meaning of the Equality Act and that this stretches further than providing a few extra disabled bays over and above the laid-down minimum.

You have breached the FOI Act on both the FOI requests that I have submitted to the hospital by failing to respond within the proscribed timeframes and you continue leave my first FOI request from the 31 Aug 14, where I asked for a copy your contract with APCOA not fully answered. You eventually supplied the contract after appeal on 28 Nov 14. However, this contract was not even with the company that invoiced the driver of the car, so I queried this and asked if it was the correct contract and it took your staff 7 working days to answer this simply yes or no question.

It was eventually answered on Tuesday this week and it was confirmed that it was indeed the correct contract, although it had been amended by novation. This therefore means you have not fulfilled your obligation under the FOI Act and supplied me with the full contract that you have with APCOA. The novation’s are a fundamental part of the contract and should have been supplied (please note that this not a new FOI request for the novation’s, merely a request that you fulfil your obligations under the FOI act and fully answer my first request). I contacted the Trust on Tuesday evening (you would have received the email Wednesday morning) and as of yet I have not even had an acknowledgement of when I can expect the novation, let alone a reply with the document(s).

Another request that your Trust seems to be ignoring is my request for a copy of your Genuine Pre-estimate Loss (GPEOL). As you should be aware under contract law, which is the law which your Trust has told me you are relying on to enforce these penalties, you can’t actually penalise people, you can only claim damages to put you back in the position you were in had the breach not occurred. This amount is more commonly known as GPEOL, so this is a document that you should have readily at hand or else how do you know what your GPEOL is and therefore your charges are fair and lawful? I really can’t understand why so far it has taken you 12 working days without reply. The longer it goes on, the more I think the Trust has something to hide.

I have been told that Gary Munn is dealing with this request and I have emailed him directly asking when he expects to forward me this document and I know he has read the email, as I have received a read receipt from him. I think it is rude not to reply or even acknowledge someone.

I feel that during my whole complaint procedure and FOI requests that the Trust has been extremely obstructive at every turn and I hope now that you have taken personal control of the situation, we can start to see results and the Trust begins to conform to the laws of the land.

Fruitcake

Fergie76 wrote: »

Just emailed the CEO:

That is a first class email. :T Absolutely spiffing!

*Fruity wanders off to find some more popcorn*

esmerobbo

I think the "deputy Senior Information Risk Officer" may have used google themselves to find the word "Novation" when he/she realised the contract was pants!

Coupon-mad

Popcorn 'on the go' here as well.

Shocking that a Hospital thinks they can unfairly limit a reasonable adjustment on a 'first come first served' basis then treat everyone else in the 'normal bays' the same as able-bodied people, even though they may have a Blue badge and a comparable disability. It's perfectly justifiable for them to say 'we can't offer a disabled bay to everyone' (fair enough as long as the provision is as high as they can reasonably achieve) but I cannot see the justification for charging some disabled people but not others. It's not about the bays!

Fergie76

Still no reply from the hospital, despite both the CEO and his deputy both reading the email I sent last night.

Meeting with my MP next Thursday.

Fergie76

Yet another day and still no reply or acknowledgement from from the CEO.

I also emailed the prankster a couple of weeks, but never heard anything back.

However, I have had a reply from the ICO:

[FONT=&quot]Thank you for correspondence confirming that you wish to raise a further complaint about the time taken for the Trust to respond a second request.

I can set up a new case and although you indicate you have now received a response, I can record a breach of section 10. As you have the information there is little to be achieved by issuing a decision notice.

With regard to this case, I understand that you are still waiting for the 'novation'. We have already logged a breach of section 10 with regard to the time takento respond and it appears that the Trust is still corresponding with you about this matter. I will write to the Trust advising that it should provide a further response to you regarding the novation no later than 10 working days from today.

Thank you for bringing these matters to our attention.[/FONT]

Fruitcake

Fergie76 wrote: »

Yet another day and still no reply or acknowledgement from from the CEO.

I also emailed the prankster a couple of weeks, but never heard anything back.

However, I have had a reply from the ICO:

At least the ICO appears to be taking this seriously.