Monday, September 04, 2006

13/06/06 Role of the Public Services Ombudsman for Wales

From: Bernard.Nolan@ombudsman-wales.org.uk on behalf ofask@ombudsman-wales.org.ukSent: 14 June 2006 16:21
To: David Owen
Subject: Re: Beechwood House, Penperlleni, NP4 0AH -
Proposed Change ofUse to Open Mental Health Ward - Partnerhips in Care Ltd

Dear Mr Owen
Thank you for your email enquiry with attachments.
Unfortunately, Partnerships in Care Ltd is a private company and does not therefore fall within the jurisdiction of the Ombudsman.
The role of the Ombudsman is to consider complaints of maladministration by public services in Wales givingrise to personal injustice. Whilst we may consider complaints against HIW, we normally would only do so when satisfied that the complainant has attempted to complain directly to HIW and is able to provide us with correspondence that demonstrates this. 'Maladministration' is usually taken to mean that a body has acted incompetently or unfairly or has not taken a decision in a proper manner.
Therefore, such a complaint would have to clearly state what HIW did wrong (how their actions departed from established policy) and would also have to demonstrate that you had suffered some degree of personal injustice.

I note the concerns you have raised about Partnerships in Care Ltd's application for a variation in registration. As I understand the situation, although Partnerships in Care Ltd is currently involved in ongoing consultation with HIW, a formal application has not yet been submitted. Once in receipt of any such application HIW will then consider it in the light of the regulatory frameworks that govern registration.
As Ms Price states in the letter from HIW that you attach 'there is no formal avenue for public consultation at this stage'. However, Ms Price also states that she will consider your representations carefully when determining the application.

If, following this, you wish to complain about HIW you should, in the first instance, write to them directly. If, having done this, you remain dissatisfied with the response you receive you may write to the Ombudsman.If you decide to do this you should bear in mind that the Ombudsman's role is to consider the administrative actions of the body which has been complained about.
He is unable to interfere with the merits of a decision which has been taken properly. If you contact us again you would need to indicate how you think HIW's actions departed from established policy and how this gave rise to personal injustice on your part.
I hope you find this information helpful.

The Assessment Team/Adran Asesu
Public Services Ombudsman for Wales/Ombwdsmon Gwasanaethau Cyhoeddus Cymru1 Ffordd yr Hen GaePencoedBridgend/Pen-y-bont ar OgwrCF35 5LJ
Telephone/Ffôn: 01656 641150Fax/Ffacs: 01656 641199Email/Ebost:
ask@ombudsman-wales.org.uk
"David Owen" <np40ah@madasafish.com> To "Home Office" 13/06/2006 <public.enquiries@homeoffice.gsi.gov. 18:21 uk>, "Public Services Ombudsman For Wales" <ask@ombudsman-.org.uk>
Subject Beechwood House, Penperlleni, NP4 0AH - Proposed Change of Use to Open Mental Health Ward - Partnerhips in Care Ltd

Dear Sirs,
I would be grateful for your assistance/views on the following;
As near neighbours of Beechwood House we are extremely concerned over the plans that Partnerships in Care have to make this into an ‘Open’ ward for mental health patients. Especially as our children play in their grand parents house – in the grounds of Beechwood House, and the local primary school in no more that 200 yards away. There is also a public footpath (the Mon Brecon Canal) skirting this property. Basically (in our opinion) this property is totally unsuitable for its intended use.
Attached is some correspondence on the subject that gives a bit more detail & should help to explain our concerns.
Following a recent public meeting with Partnerships in Care Ltd, it would appear that they have absolutely NO regard for the local residents/neighbours – and we fear that should this facility get the go ahead – then we shall forever need to be on our guard. Note – Partnerships in Care expect that approx 4-6 residents will go AWOL in the year, and the type of patients proposed to be housed in this facility by Partnerships in Care include sex offenders, murderers and drug abusers. We also understand that no public body will need to review the ‘Risk Assessments’ completed on the patients by Partnerships in Care, before their release into the community.
We have made Healthcare Inspectorate Wales aware of our concerns – but understand that there is NO FORMAL AVENUE FOR PUBLIC CONSULTATION – is this Right?
Is there anyone that we can voice our concerns to?
Can you please offer some advice - before it’s too late, as following the recent Craig Sweeney case – we fear that Penperlleni/Goytre could be next.
Please acknowledge receipt of this e-mail.
Regards,
Mr David Owen

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