CONTINUING THE PHILOSOPHY OF REGINALD O. KAPP

9.89 Complaints against Brighton and Hove Clinical Commissioning Group for Non Compliance with Better Care Fund and New Access Standards for Talking Therapy               17.4.15


Mr Ken Adams
Complaints and FOI Officer
Level 4, Lanchester House
Trafalgar Place, Brighton BN1 4FU
E mail bhccg.foi@nhs.net

Dear Mr Adams

COMPLAINTS THAT THE CCG IS NOT COMPLIANT WITH THE TERMS OF THE BETTER CARE FUND AND THE NEW ACCESS STANDARDS FOR TALKING THERAPY FROM 1.4.15.

Please will you investigate the following complaints that the Brighton and Hove Clinical Commissioning Group (CCG) has failed to take the following actions to which I believe they have a statutory duty:
a) Engage with my campaign: ‘medication to meditation’, particularly concerning commissioning my proposed innovative treatments for Rachel and Dave under the Better Care Fund legislation.
b) Make contract provision for 25,000 depressed patients in the city to have NICE recommended talking therapy within 6/18 weeks in accordance with the new access standards from 1.4.15.
c) Decommission antidepressant medication for the 31,000 patients on it against NICE guidelines and the evidence base.

For years I have been using every lawful means at my disposal to call the CCG to account to comply with the health reforms of the coalition government, particularly by increasing contract provision of talking therapies (such as the NICE recommended Mindfulness Based Cognitive Therapy (MBCT) 8 week course) under the Improving Access to Psychological Therapies (IAPT) programme, which would enable GPs to: d) Follow NICE guidelines. e) Prescribe MBCT courses as easily as Prozac. f) Decommission antidepressant medication, reducing adverse drug reactions. g) Solve the crisis in primary care, which has led to a thousand patients being unable to register with a GP following the closure of Eaton Place surgery on 28.2.15.

I have written many letters and about 30 papers (published on section 9 of www.reginaldkapp.org) without result. I referred the CCG to the ombudsman on 11.3.15 with the result that 3 senior officers met with 3 SECTCo officers on 24.3.15 (see draft minutes on paper 9.87) That meeting failed to resolve our complaints, so I invited them to a further meeting. (see appendix 1)

I was disappointed to receive the exchange with Mr Owen Floodgate, Head of Corporate Business, (reproduced in appendix 2) which I take to be a flat refusal of anyone in the CCG to engage with me or SECTCo further. I therefore ask you to adjudicate this matter, in accordance with the instructions from the ombudsman dated 1.4.15, (reproduced in appendix 3.) My desired outcome from the CCG is:

h) An acknowledgement that they are presently not fully compliant with current legislation.
i) A resolution to become fully compliant by starting a process of co-creation of a newly designed mental health service with the community in accordance with that legislation.
j) An acknowledgement that the points made by SECTCo in the above papers should be properly considered in that redesign process.
k) An invitation to members of SECTCo to become engaged in the co-creation process of redesign, perhaps by serving on a working party.
I am copying in ICAS, and Elizabeth Culvert, legal advisor to the Health and Wellbeing Board (HWB), to whom this matter has already been referred.

With best wishes,
Yours sincerely
John Kapp (secretary of SECTCo)

Appendix 1 Letter of invitation to senior officers 9.4.15

Appendix 2 Exchange of e-mails with Mr Owen Floodgate

Appendix 3 Letter from the ombudsman (Kevin Bennett) reference EN-217806 dated 1.4.15.

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