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BELB Fraud Inquiry

Howard Ingram made this Freedom of Information request to Business Services Organisation (Northern Ireland)

Waiting for an internal review by Business Services Organisation (Northern Ireland) of their handling of this request.

From: Howard Ingram

3 March 2010

Dear Business Services Organisation (Northern Ireland),

From the CSA website at

http://www.centralservicesagency.com/dis...

I note that the Counter-Fraud Unit's double remit is to:-

Tackling fraudulent claims to exemption from Health Services
charges; and

Investigating cases of potential or suspected fraud involving
practitioners.

Under the Freedom of Information Act, I am making a request to
establish what part of those remits allows/permits the CSA
Counter-Fraud Unit to undertake investigations for outside agencies
such as the Belfast Education and Library Board.

If there is no such remit under your corporate umbrella, would such
an investigation be deemed illegal? If you believe you have a remit
to investigate outside agencies, can you provide information under
legislation that permits such investigations to occur?

Yours faithfully,

Howard Ingram

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From: Howard Ingram

26 March 2010

Dear Business Services Organisation (Northern Ireland),

Further to my previous inquiry regarding a BELB 'Fraud' Inquiry in
which the CSA Counter Fraud Unit conducted that 'investigation', I
requested, under the terms of the FoI Act, what legislation covered
the Counter-Fraud Unit's involvement in that 'investigation',
bearing in mind that their double remit, as outlined on their web
pages, merely refers to investigating fraud within the Health
Service. I have asked for confirmation that the 'investigation' was
legal and that you outlined the legislation that covered the
Counter Fraud Unit's involvement.

I have not received acknowledgement of this request, and would like
to remind you that the date under which you are legally obliged to
provide this information is April 1st. This is not a new request
for information but, rather, a reminder of your obligations under
the FoI Act.

Yours faithfully,

Howard Ingram

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From: Kelly, Nicola
Business Services Organisation (Northern Ireland)

29 March 2010


Attachment MR INGRAM Mar 10.doc
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Howard Ingram left an annotation (29 March 2010)

The question I asked refers to the legislation under which a fraud inquiry can be conducted by the Counter Fraud Unit on behalf of an outside agency.

This question was not answered. I was referred to undefined 'directives' (which it might be useful to read for myself as opposed to mere guesswork as to what directives and legislation they are), and I feel it would have been simple to refer to them by name, with a hyperlink, or downloadable copy of them, rather than be so deliberately vague and in doing so, apparently forget what the original question actually was or deliberately avoid an answer.

There is reference to adhering to certain standards. I did not ask a question regarding the standards to which they adhere, and the standards are irrelevant to this FoI request. It is apparent that this looks like a feeble attempt to 'blind with science', by referencing legislation they CAN name, to the exclusion of legislation they CAN'T name, which is the information I requested.

I am dissatisfied with the 'answer' and will be requesting an internal review to see if they can actually answer the question asked.

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From: Howard Ingram

29 March 2010

Dear Business Services Organisation (Northern Ireland),

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Business Services
Organisation (Northern Ireland)'s handling of my FOI request 'BELB
Fraud Inquiry'.

I am afraid that your response does not answer the question I
asked. I asked for the legislation under which the CFU can conduct
'investigations' for outside agencies. I was referred to certain
'directives'. I would have assumed that it was a simple task to
therefore point me at them, via a hyperlink, or pass on a
downloadable copy, in which I could find specific details for
myself. In simply saying there are 'directives' you have not
provided evidence of legislation that gives such an 'investigation'
any legal authority and have not answered the question. My specific
FoI request therefore remains unanswered.

Furthermore, you have referenced actual legislation to which I made
no request, claiming that the CFU 'adheres to certain standards'. I
did not request information regarding your standards, and whether
or not the CFU adhere to the actual legislation you DO name does
not concern me. It rather seems like a feeble attempt to include
the name of specific legislation you CAN reference, hoping that I
will be 'blinded by science' and allow you to fail to name
legislation you CAN'T reference.

Which was the question I initially asked.

I shall now repeat the FoI request you have failed to answer in the
specified timeframe. Can you provide the name of the legislation
under which the CFU is permitted to undertake 'investigations' for
outside agencies?

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/be...

Yours faithfully,

Howard Ingram

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