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Arthur Mc Farlane made this Freedom of Information request to Scottish Public Services Ombudsman
The request was refused by Scottish Public Services Ombudsman.
From: Arthur Mc Farlane
17 April 2009
Dear Sir or Madam,
In the years 2003 to 2009 the SPSO has received 909 "comeback"
complaints from the public asking about decisions made by the SPSO
.
Please can you provide me with the SPSO's investigation reports and
responses to those "comeback" complaints for the period December
2008 to the end of February 2009 under a Freedom of Information
request .
The documents release by the SPSO should be redacted in terms of
sections 38 (1) (b) and 26 (a) of the FIOSA to protect the
identities of the complainants .
Yours faithfully,
Arthur Mc Farlane.
From: Ask
Scottish Public Services Ombudsman
17 April 2009
This is an automated receipt from SPSO to let you know that we have
received your email. Please do not reply to this.
If your email to us was a new complaint, we will register it and will
acknowledge it in writing within the next three working days. We will also
give you a reference number which you should use in any future
correspondence with us.
If your email was not about a new complaint, it will be forwarded to the
appropriate colleague who will reply to you in due course.
show quoted sections
From: Ask
Scottish Public Services Ombudsman
15 May 2009
Dear Mr McFarlane
I refer to your request for information, as below.
We are currently preparing the information you have requested and expect
to be able to publish it on our website by Friday 22 May at the latest. I
am sorry it has not been possible to release the information within 20
working days of receiving your request, however I am sure you understand
all documents must be carefully redacted and thoroughly checked before
they can be published. I apologise for any inconvenience this delay may
cause you.
Once published, the information will be available to download in PDF
format from
http://www.spso.org.uk/how-complain/comp....
Should you have any difficulty accessing the information in this way,
please let us know.
YOUR RIGHT TO REQUEST A REVIEW
You have a right under section 20(1) of FOISA to request a review of the
handling or outcome of your request for information. If you wish to
exercise this right, you must write to the SPSO to request a review within
forty working days of receipt of this decision. In your request for a
review you must specify your name and address for correspondence.
Should you wish to request a review, please address your request to:
David Robb
Director of Policy and Development
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,
Louise Rae
Information Analyst
Scottish Public Services Ombudsman
4 Melville Street Edinburgh EH3 7NS
tel 0800 377 7330 fax 0800 377 7331
email [1][Scottish Public Services Ombudsman request email]
web [2]http://www.spso.org.uk
show quoted sections
From: Arthur Mc Farlane
31 May 2009
Dear Ask,
I still do not see the requested information which you told me
would be posted on your SPSO website by 22nd May .
Update please .
Yours sincerely,
Arthur Mc Farlane
From: Ask
Scottish Public Services Ombudsman
31 May 2009
This is an automated receipt from SPSO to let you know that we have
received your email. Please do not reply to this.
If your email to us was a new complaint, we will register it and will
acknowledge it in writing within the next three working days. We will also
give you a reference number which you should use in any future
correspondence with us.
If your email was not about a new complaint, it will be forwarded to the
appropriate colleague who will reply to you in due course.
show quoted sections
From: Ask
Scottish Public Services Ombudsman
29 July 2009
Dear Mr McFarlane
reference 200900648 / 200901327
I would like to advise that redacted challenge decision letters for the
period April to October 2007 have been published on our website at
http://www.spso.org.uk/how-complain/comp...
Yours sincerely,
Louise Rae
Information Analyst
show quoted sections
From: Arthur Mc Farlane
3 August 2009
Dear Ask,
SPSO.
I have now seen the redacted copies of the responses to SPSO
decision-challenge letters for April to October 2007 which you have
published on your website .
I am sorry to see that once again the published versions of the
letters have been "redacted" to the extent that they have virtually
no informative value .
By your fixation with preventing the SPSO's work being given the
necessary public scrutiny you are doing the people of this country
a huge disservice .
I am utterly ashamed of you .
Yours sincerely,
Arthur Mc Farlane
From: Ask
Scottish Public Services Ombudsman
3 August 2009
This is an automated receipt from SPSO to let you know that we have
received your email. Please do not reply to this.
If your email to us was a new complaint, we will register it and will
acknowledge it in writing within the next three working days. We will also
give you a reference number which you should use in any future
correspondence with us.
If your email was not about a new complaint, it will be forwarded to the
appropriate colleague who will reply to you in due course.
show quoted sections
From: Arthur Mc Farlane
8 August 2009
Dear Ask,
SPSO.
I hereby request that the Scottish Public Services Ombudsman
releases in un-redacted form all the "Comeback Complaints" letters,
written by the SPSO to complainants, which have been released in
redacted form on the SPSO website .
Yours sincerely,
Arthur Mc Farlane
From: Ask
Scottish Public Services Ombudsman
8 August 2009
This is an automated receipt from SPSO to let you know that we have
received your email. Please do not reply to this.
If your email to us was a new complaint, we will register it and will
acknowledge it in writing within the next three working days. We will also
give you a reference number which you should use in any future
correspondence with us.
If your email was not about a new complaint, it will be forwarded to the
appropriate colleague who will reply to you in due course.
show quoted sections
From: Ask
Scottish Public Services Ombudsman
7 September 2009
Dear Mr McFarlane,
I refer to your request below.
We have already explained to you why the challenge response letters have
been redacted as they have. You have previously received a full
explanation which has been reviewed in line with our FOISA procedures.
If you continue to disagree with the approach we have taken I recommend
you seek advice from the Scottish Information Commissioner, whose
contact details have been provided to you previously.
Yours sincerely,
Louise Rae
Information Analyst
show quoted sections
From: Arthur Mc Farlane
11 September 2009
Dear Sir or Madam,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Scottish Public
Services Ombudsman's handling of my FOI request of 8th August 2009
'Scottish Public Services Ombudsman "comeback" complaints .'.
I am dissatisfied with your decision to redact the letters so
heavily that they are virtually useless to anyone endeavouring to
make sense of them .
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/sc...
Yours faithfully,
Arthur Mc Farlane
From: Ask
Scottish Public Services Ombudsman
11 September 2009
This is an automated receipt from SPSO to let you know that we have
received your email. Please do not reply to this.
If your email to us was a new complaint, we will register it and will
acknowledge it in writing within the next three working days. We will also
give you a reference number which you should use in any future
correspondence with us.
If your email was not about a new complaint, it will be forwarded to the
appropriate colleague who will reply to you in due course.
show quoted sections
G.A. Hamilton left an annotation (11 September 2009)
As I have previously given permission for "all and any" details of my complaint against the SPSO to be released, I am asking the Information Commissioner for guidance on why my complaint correspondence was redacted when Mr. McFarlane made his request.
From: Ask
Scottish Public Services Ombudsman
14 September 2009
Dear Mr Mc Farlane,
Thank you for your email. I have forward your email to Niki Maclean,
Head of Corporate Services at SPSO, for consideration.
Yours sincerely
Helen Littlemore
Investigations Assistant
Scottish Public Services Ombudsman
4 Melville Street | Edinburgh | EH3 7NS
T: 0800 377 7330 F: 0800 377 7331
www.spso.org.uk
show quoted sections
From: Ask
Scottish Public Services Ombudsman
22 September 2009
Dear Mr McFarlane,
I refer to your email of 11 September 2009 referring to your information
request of 8 August 2009.
I note your continued dissatisfaction with the way this office has
redacted the challenge response letters prior to publishing them on the
SPSO website.
The reasons for our approach to redaction were fully explained to you by
Louise Rae in her letter of 2 April 2009. David Robb conducted a review
of Ms Rae's decision and informed you on 26 May 2009 that he agreed with
Ms Rae's approach. At that point he also re-iterated (as had previously
been stated in Ms Rae's letter) that if you remained unhappy you had a
right to appeal to the Scottish Information Commissioner.
On 24 June 2009 you wrote SPSO to further express your dissatisfaction
with our approach to the redaction of the challenge decision letters. On
1 July 2009 I wrote to you referring to Ms Rae's letter of 2 April 2009,
and advising you that I too agree with the approach taken. Once again,
your right to appeal to the Scottish Information Commissioner was outlined
to you, and contact details were given.
I understand that you do not agree with our approach to redacting the
challenge decision letters, however since this has already been considered
and explained by Louise Rae (Information Analyst), David Robb (Director of
Policy and Development) and myself (Head of Corporate Services), I have
nothing further to add other than to state, once again, that I believe the
approach taken by this office to be correct, and that you have a right to
appeal to the Scottish Information Commissioner if you continue to
disagree.
The SPSO will be happy to assist the Information Commissioner's office
with any enquiry or investigation they may wish to undertake on this
matter.
Yours sincerely,
Niki Maclean
Head of Corporate Services
show quoted sections
G.A. Hamilton left an annotation (24 September 2009)
The Scottish Information Commissioner, in his Decision 080/2008 (Mr. Frank French & the SPSO) has already ruled that sec.38 of FOISA does not automatically confer an exemption from the normal rules of disclosure and went on to distinguish between a complaint made TO the SPSO as distinct from a complaint ABOUT the SPSO; in the latter case, he appears to have concluded that sec.19 of the Scottish Public Services Ombudsman Act has no effect, and that disclosure should not be exempt from FOISA.
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G.A. Hamilton left an annotation ( 4 August 2009)
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