Hold the above Regulation in mind whilst considering that concerns about the practises of Bounty have been in the public domain since at least 1984 as it was covered in an article written for the BMJ called 'Mutiny over the Bounty' and more recently the NCT tried to start a campaign (which was well publicised in the press and led to Bounty making an official statement about it) and MN has previously tried to tackle Bounty over its sales practises...
With that in mind, I went back to those awful FOI responses... I picked the same two questions from each FOI to highlight things but I easily have used others clearly backup the same message:
West Suffolk NHS Foundation Trust
9) Has a formal assessment been carried out to assess whether patients' rights are being properly protected in the presence of a commercial party?
No
- Are any hospital staff on the ward trained to identify aggressive or misleading sales practices to ensure the protection of patients?
Sale practice is not aggressive.
Question: How can the hospital say that the sales practice is not aggressive if they have never done a formal assessment?
University of South Manchester
9) Has a formal assessment been carried out to assess whether patients' rights are being properly protected in the presence of a commercial party?
Patients? rights are constantly under review in line with best practice.
- Are any hospital staff on the ward trained to identify aggressive or misleading sales practices to ensure the protection of patients?
All staff attend Conflict Resolution training.
Question: How can patients' rights be constantly reviewed and in line with the law when the hospital hasn't even got a clue what an aggressive sales practice is and answers with an answer which completely misunderstands the question!
Western Sussex Hospital NHS Trust
9) Has a formal assessment been carried out to assess whether patients' rights are being properly protected in the presence of a commercial party?
No known formal assessment has been undertaken but have experienced mothers asking for their free Bounty packs.
-
Are any hospital staff on the ward trained to identify aggressive or misleading sales practices to ensure the protection of patients?
Staff are always observant and are trained to listen to the concerns expressed by the women/relatives.
Question: Can anyone explain to me the relevance to protecting and assessing patient rights that mothers asking for packs actually has? Is it true that because they have experienced women asking for packs that there is no issue here and that this means they should not still be carrying out an assessment? Is it sufficient to rely on staff to be observant if they have not been trained in what to be observant for?
Central Manchester University Hospitals NHS Foundation Trust
9) Has a formal assessment been carried out to assess whether patients' rights are being properly protected in the presence of a
commercial party?
The trusts tender evaluation process gave due consideration to this aspect of the provision of the service.
-
Are any hospital staff on the ward trained to identify aggressive or misleading sales practices to ensure the protection of patients?
No, although they are skilled in providing appropriate safeguards to patients.
Question: How can the tender process have given due consideration when it has failed to train staff to identify problematic sales practices. I note this is the hospital that refers to patients as 'customers' - are they more concerned about the interests of patients or finances? Can they be trusted to have properly assessed the potential problem
Gloucestershire Hospitals NHS Trust (who don't have a photographic contract with Bounty - they only allow them to distribute packs)
9) Has a formal assessment been carried out to assess whether patients' rights are being properly protected in the presence of a commercial party?
Patient views are always taken into consideration when planning services and patients can choose to decline to see the Bounty representative or provide them with any details.
A survey was carried out in 2012 confirming this was a service that women asked to have on the ward. The response from women indicated that 100% of women valued this service and it should continue.
- Are any hospital staff on the ward trained to identify aggressive or misleading sales practices to ensure the protection of patients?
Not applicable, no sales practices take place.
Question: So this survey... what did you actually ask? And how many people did it ask? Because this information is about as useful to me as a chocolate teapot. They could have asked 5 women if they thought it was good to get free samples. What they actually asked is very important
I also have to also include their answer to Q12 here as its bloody scary.
- How is this ensured in a hospital setting with patients who are a captive audience and who may also be within 24 hours of a general anaesthetic (and therefore unable to give informed legal consent), still under the influence of drugs, be in a heightened emotional state, recovering from a traumatic operation, suffering from a lack of sleep following a lengthy labour or otherwise more vulnerable than normal?
With particular reference to Misleading actions
"A misleading omission can also occur where a trader fails to identify the commercial intent of a practice, if it is not already apparent from the context."
Not applicable ? no sales practices take place.
Question: If the hospital is themselves receiving payment for access to patients and the collection of personal data, are they themselves, with that answer failing to identify the commercial intent of a practice? How can they have possibly identified the potential risk of financial abuse if they fail to even recognise that a commercial practice is taking place on their premises?
I am definitely feeling some letter writing coming on...