Comeback decision complaints May to Sept 09

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Dear Mrs French

I refer to your email below requesting information. We will be dealing
with your request in line with the Freedom of Information (Scotland) Act
2002. The Act states that we must reply to you within 20 working days of
us receiving your request. This means we will reply to you by 26 October
2009 at the latest. We will, of course, reply sooner if we are able to do
so.

If you have any queries in the meantime, please do not hesitate to contact
us.

Yours sincerely

Fiona Paterson, Senior Personal Assistant

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Dear Mrs French

Your request for information reference 200902634

I refer to your email of 28 September 2009. In your email you ask for
information regarding case challenge decisions from May to September 2009.

Your request has been processed in line with the Freedom of Information
(Scotland) Act 2002, and I can now respond as follows.

How many comeback decision complaints have been determined by the SPSO in
the period 1st May to 30th September 2009?

Please see the table below.

Regarding these complaints how many were a) rejected without investigation
b) investigated. Of the ones that were investigated how many were c)
upheld and how many were d) rejected and how many are e) outstanding. Of
the ones investigated how many were f) reported to Parliament.

The challenge decision process is when a complainant is unhappy with the
Determination Letter on a complaint. For complaints that proceed to
investigation, if a complainant feels we have got something wrong in an
Investigation Report, they are given the opportunity to highlight any
factual inaccuracies at draft stage before the final version is reported
to Parliament. For clarification, we use the terms upheld and not upheld
in relation to outcomes for case challenges. Please see the table below
for outcomes for case challenges determined in the period 1 May to 30
September 2009.

Case Challenges determined: Appeal To Director Of Appeal To Ombudsman
Between 1/5/2009 & 30/9/2009 Investigations
Not Upheld 91 38
Fully Upheld - Case Reopened 2 0
Partly Upheld - Case Reopened 1 0
Partly Upheld - Other Action 1 0
Not Applicable 1 0
Overall Total 96 38

Please can you provide copies of the "comeback decision complaints"
response letters regarding the decision complaints and "comeback decision
investigation reports" from the SPSO to the complainant for the period 1st
May to 30th September 2009.

Quarter 1 (30 March to 30 June 2009) and quarter 2 (1 July to 30 September
2009) can be found on our website:

[1]http://www.spso.org.uk/how-complain/comp....

YOUR RIGHT TO REQUEST A REVIEW

You have a right under section 20(1) of FOISA to request a review of any
part of this decision, or of the handling of your request. If you wish to
exercise this right, you must write to the SPSO to request a review within
40 working days of receipt of this decision. In your request for a review
you must specify your name and address for correspondence. You must also
identify the decision that you wish to have reviewed, or the aspect of the
handling of your request that you are unhappy with.

Should you wish to request a review, please address your request to:

Niki Maclean

Head of Services

Scottish Public Services Ombudsman

4 Melville Street

Edinburgh

EH3 7NS

Email: [Scottish Public Services Ombudsman request email]

YOUR RIGHT OF APPEAL

If you are dissatisfied with the outcome of any review carried out by the
SPSO, you have a right under FOISA to appeal to the Scottish Information
Commissioner. If you wish to do so, you must appeal to the Commissioner
within six months following the date of receipt of the review notice. The
Commissioner's contact details are as follows:

The Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

KY16 9DS

Email: [email address]

Tel: 01334 464610

Yours sincerely,

Helen Littlemore

Investigations Assistant

Scottish Public Services Ombudsman

4 Melville Street | Edinburgh | EH3 7NS

T: 0800 377 7330 F: 0800 377 7331

[2]www.spso.org.uk

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