This page gives you a basis on how you might structure a complaint about surveillance on a psychiatric ward. We use the term Oxevision throughout as it is the system most commonly used in the NHS, however, the hospital you are in may use a different product such as Care Protect or CCTV.
- Consent
- Data Sharing
- Lack of Information
- Reduced Engagement with staff
- Privacy and Dignity
- Impact and psychological distress
- Other
Examples of what you can ask to happen as a result of your complaint
Complaint templates from other websites
Concerns
This is not an exhaustive list and we encourage you to include any concerns you have about Oxevision and other psychiatric surveillance. You can complain about your treatment after you are discharged or whilst still an inpatient but there are pros and cons to both.
Consent
This is relevant to you if:
- The trust did not have a consent policy in place and assumed ‘implied consent’ – this means you did not give your written or verbal permission for them to use Oxevision as part of your treatment.
- You did consent but attempted to withdraw your consent at a later date and were not listened to
- It was not clear what you were consenting to
- You feel you did not have capacity at the time you gave consent
- Oxevision was used in a best interest decision which you do not agree with
- You felt/feel pressured into giving consent
Data Sharing
This is relevant to you if:
- The Trust did not inform you, verbally or in writing, that your data (including video footage) collected by Oxehealth via Oxevision, can be shared between the Trust, Oxehealth (a private company) and with other public bodies
- You were told but did not have the capacity to understand and process the information at the time and the topic was not revisited
- You have concerns about how your data was/is stored, shared or processed
- The Oxevision monitor/screens could be viewed by patients and visitors through office windows or on the handheld monitor
Lack of information
This is relevant to you if:
- There was/is a lack of opportunities to access information about Oxevision, this includes: lack of leaflets, posters, MDT discussions and conversations with staff
- The information you received was not clear or was conflicting, this includes being told different things by different staff members
- There were posters and leaflets but they were not clear that Oxevision contains a camera that is recording 24/7
- There were posters and leaflets but they were/are not in an accessible format. Examples include: you cannot read or easily process written information, the language used was coercive, the information was locked away, it was not available in a language you understand, you required braille or audio/verbal information or the writing was too small.
- There was a lack of information on how your data was/is stored, processed and shared
Reduced engagement with staff
This is relevant to you if:
- You feel that because of Oxevision you had less engagement with staff, because they were monitoring you through Oxevision instead of in-person checks
- You feel Oxevision was replacing or preventing therapeutic engagement
- You feel staff heavily relied on Oxevision
- You noticed a reduction in staffing levels because of Oxevision
- You struggle to communicate to ask for help and find it easier for staff to approach you, which happened less because of Oxevision
- You feel your treatment was/is less effective because of Oxevision
Privacy and dignity
This is relevant to you if:
- You feel your privacy and dignity was/is compromised because of Oxevision
- The Oxevision monitor/screens could/can be viewed by patients and visitors through office windows or on the handheld monitor
- Oxevision was in the room while you were privately observing religious beliefs i.e. praying
- You feel Oxevision may have recorded footage of you undressed or masturbating, in addition to the risk of staff (including those of the opposite gender) watching this footage on the Oxevision monitor
- You are transgender and feel Oxevision put you at risk of being ‘outed’ if being observed by staff when getting dressed through the Oxevision camera
- You did not consent to the use of Oxevision
- You were not treated with compassion because of the use of Oxevision
- You concerns and opinions about Oxevision were dismissed
- Your privacy in the bathroom was disturbed more often because of Oxevision alerts
Impact and psychological distress
This is relevant to you if:
- The presence of Oxevision caused you distress
- Oxevision was (re)traumatising
- Oxevision made you feel vulnerable and unsafe
- Oxevision caused you to experience/or worsened symptoms such as paranoia and hypervigilance
- Oxevision worsened your mental health
- Oxevision had a negative impact on your sleep
- Oxevision made you want to spend less time in your bedroom
- Staff dismissed your concerns about Oxevision and you found this distressing
- You felt Oxevision changed your behaviour
- Oxevision caused reduced engagement with staff and it caused you distress
- You feel your privacy and dignity was/is compromised because of Oxevision and this caused you distress
- The use of Oxevision had a lasting impact on you
- Since your discharge you have learnt new information about what Oxevision is and how it works which has caused you distress
Other concerns:
We are sure there are lots more concerns and possible impacts we have not covered here, we encourage you to include all your concerns about Oxevision in your complaint.
Examples of what you can ask to happen as a result of your complaint
- The Trust to stop using Oxevision altogether
- A change in the Trusts Oxevision policies and procedures
- The Trust to implement a robust ‘explicit consent’ policy – this is where they must inform and get written permission from the service user before using Oxevision
- An investigation into the use of Oxevision
- The Trust to provide more information to service users and carers
- More opportunities for meaningful co-production around the use of Oxevision
- An apology
Sometimes there is no outcome and no changes are made as a result of a complaint. We are also aware that complaining, especially while still a patient, can be risky and we are happy to talk to you about your options if you are unsure.
Who to send the complaint to
- You can send your complaint to Patient Advice and Liaison service (PALS), the length of time for a response can vary up to over a year, if you are unsatisfied with the response then you can escalate it to the Parliamentary Health Service Ombudsman (PHSO)
- If the complaint process is taking a long time and they are missing the deadline, you can write another complaint about how they are dealing with your complaint.
- You do not have to go to PALS, for urgent matters (and we feel Oxevision is) you can go directly to the service provider, this will likely be quicker. If you are not satisfied with the response then you can escalate it to the Parliamentary Health Service Ombudsman (PHSO)
- You can complain to PALS within a year of the event taking place or learning the new information.
- To take legal action it needs to be within 3 months of the event taking place or since learning the new information.
- Your case may warrant legal action – for this you will need a solicitor. If you believe the use of Oxevision has violated your human rights please contact us for more information.
Remember
You do not need to wait until after you are discharged to make a formal complaint.
You can contact an advocate for free advice and assistance with your complaint.
Once your complaint has been received you will receive an acknowledgement of receipt – keep this safe.
If you are not satisfied with the response from Patient Advice and Liaison service (PALS), you can escalate it to the Ombudsman.
The complaints procedure can be difficult and patients are not always listened to – remember to take care and be kind to yourself.
Complaint templates available at other websites
Kirklees Citizens Advice & Law Centre
You can find lots more by typing into your search engine: NHS complaints template