2 April 2009

Mr F Robinson

Via email ([FOI #8810 email])

Our ref: CS/09/031/HJP

(Please quote our reference when contacting us)

If telephoning contact Hilary Pook on 020 7217 4734

or if using email send to: [email address]

Dear Mr Robinson

Request for information

In your email of 5 March, you asked if the Ombudsman has a statutory duty to investigate new evidence that proves a decision was wrong in fact and amend the decision to reflect the new evidence. The answer is no, there is no statutory duty to do so, although the Ombudsman normally would consider new evidence if it is presented within a reasonable time of the decision being made.

That concludes my response. If you feel I have not dealt properly with your request, you have the right to appeal and, should you wish to do so, I can supply a copy our internal complaints procedure. You also have the right to apply to the Information Commissioner to determine whether your request has been properly dealt with. You should note however that the Commissioner will not consider any complaint where you have not first exhausted our internal complaints process or where there has been undue delay in contacting him. You will be able to obtain further details of the Information Commissioner's role from the website on www.ico.gov.uk.

Yours sincerely

Hilary Pook

Hilary Pook (Ms)

Communications and Records Manager

LGO 01 (03/08)