Equality Policy

Parliamentary and Health Service Ombudsman did not have the information requested.

RE: Information request: FDN - 275097

I refer to the above request.

From this answer there is no reason why the complainant is shut out of the PHSO deliberations during an investigation and only the complained of organisation is involved with any deliberations.

Please show me the PHSO policy or other information that PHSO relies to prevent complainants from being included in deliberations until the draft stage.

At this stage no changes will be made to the draft response unless the complainant presents new evidence.

The PHSO is 'last bastion of justice', please show me your Equality Policy on casework handling and explain why this policy does not give parity to complainants?

Many complainants have been aggrieved by this behaviour of PHSO in shutting them out until draft stage. It is an unfair process, unless PHSO can show why this is fair?

I am not asking for opinions but facts.

By sharing with complainants at draft stage it is no more public than sharing with the body complained about.

Yours faithfully,

Brenda Prentice

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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Dear InformationRights,

Sorry can't open Switch, please send by normal email which is secure anyway.

Can't see why this request should be dealt with in any other way.

Please simply respond to request.

Yours sincerely,

Brenda Prentice

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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3 Attachments

Dear Ms Prentice

 

Thank you for your email requesting information held by the Parliamentary
and Health Service Ombudsman. Your request is as follows:

 

(Follow-up to FDN-275097)

 

From this answer there is no reason why the complainant is shut out of the
PHSO deliberations during an investigation and only the complained of
organisation is involved with any deliberations.

 

Please show me the PHSO policy or other information that PHSO relies to
prevent complainants from being included in deliberations until the draft
stage.

 

At this stage no changes will be made to the draft response unless the
complainant presents new evidence.

 

The PHSO is 'last bastion of justice', please show me your Equality Policy
on casework handling and explain why this policy does not give parity to
complainants?

 

Many complainants have been aggrieved by this behaviour of PHSO in
shutting them out until draft stage. It is an unfair process, unless PHSO
can show why this is fair?

 

I am not asking for opinions but facts.

 

By sharing with complainants at draft stage it is no more public than
sharing with the body complained about.

 

Your request will be responded to in line with the Freedom of Information
Act 2000. A response will be sent to you on or before 24th April 2018 in
line with the statutory timeframes set out in the Act.

 

Please accept our apologies for the previous email sent via Egress, this
was sent in error

 

Your sincerely

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [1]www.ombudsman.org.uk

 

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Dear InformationRights,

I didn't think PHSO made mistakes!

Yours sincerely,

Brenda Prentice

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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C Rock left an annotation ()

It's at the draft stage that the PHSO reveals its collusion with NHS parties.

My draft was issued at the anniversary of my sons negligent and preventable death, and they wanted my comments. It was not the best time to present such thoughtless rubbish showing that the PHSO was totally adrift from equality requirements and transparent fair play.

I offered brief comment and said I would reply more fully later. The PHSO records show plain bias after consulting NHS parties and altering 'Outcome' for the worse in summarily issuing a so called Final response (second draft).

I rejected the report on the basis of inaccuracy, bias and intent to destroy complainants evidence after a battle now 8 years in process. The PHSO was eager to discount many facts and experiences because the NHS didn't document them as they should have done.

This year will be ten years without resolution.

I previous have asked in FOI about PHSO Equality policy and the response was all about protecting staff.

Which comes first at PHSO - staff or customers?

InformationRights, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Ms Prentice

 

RE: Your information request: FDN - 275138

 

I write in response to your email of 24^th March 2018 in regards to your
request for information held by the Parliamentary and Health Service
Ombudsman (PHSO). Your request has been handled under the Freedom of
Information Act 2000.

 

You have requested the following:

 

RE: Information request: FDN - 275097

 

I refer to the above request.

 

From this answer there is no reason why the complainant is shut out of the
PHSO deliberations during an investigation and only the complained of
organisation is involved with any deliberations.

 

Please show me the PHSO policy or other information that PHSO relies to
prevent complainants from being included in deliberations until the draft
stage.

 

At this stage no changes will be made to the draft response unless the
complainant presents new evidence.

 

The PHSO is 'last bastion of justice', please show me your Equality Policy
on casework handling and explain why this policy does not give parity to
complainants?

 

Many complainants have been aggrieved by this behaviour of PHSO in
shutting them out until draft stage. It is an unfair process, unless PHSO
can show why this is fair?

 

I am not asking for opinions but facts.

 

By sharing with complainants at draft stage it is no more public than
sharing with the body complained about.

Response

With regards to the first element of your request where you state “please
show me the PHSO policy or other information that PHSO relies to prevent
complainants from being included in deliberations until the draft stage”. 

The current [1]casework policy and guidance is published on our website.  
Caseworkers seek information from any relevant party as part of their
investigation however there is no policy or information we hold that
excludes complainants until draft report stage.

 

With regards to the second element of your request where you state “please
show me your Equality Policy on casework handling and explain why this
policy does not give parity to complainants?”

 

As advised above, the current [2]casework policy and guidance is published
on our website.  There is no separate equality policy. The PHSO conducts
independent investigations and will seek information from any relevant
party as part of the investigation.

 

I hope that this information is useful. If you believe we have made an
error in the way I have processed your information request, it is open to
you to request an internal review.  You can do this by writing to us by
post or by email to [3][Parliamentary and Health Service Ombudsman request email]. You will need
to specify what the nature of the issue is and we can consider the matter
further. Beyond that, it is open to you to complain to the Information
Commissioner’s Office ([4]www.ico.org.uk).

 

Yours sincerely

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [5]www.ombudsman.org.uk

 

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Dear InformationRights,

Please direct me to the actual web page you are relying on.

Yours sincerely,

Brenda Prentice

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Ms Prentice

 

Thank you for your reply.

 

The link to the relevant page on our website to our current casework and
policy guidance was provided in our response as a hyperlink. However, as
per your request, I have provided the full link below as I can only assume
it was not compatible with the format used on whatdotheyknow.com.

 

[1]https://www.ombudsman.org.uk/about-us/co...

 

I hope this is of assistance.

 

Yours sincerely

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

   

 

show quoted sections

Dear Information Rights,

Given there is no policy to exclude complainants from the investigation, please tell me why are complainants are not involved in the investigation of their cases? Very many people complain that they are not consulted on the input of the body in focus. In other words, why is the complained about body given a voice when the compliant is not?

Please tell me how many people have made such a complaint in the last 5 years? Or if this is too expensive to calculate, since Customer Services were set up?

Please direct me to any PHSO Equality Policies.

Yours sincerely,

Brenda Prentice

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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3 Attachments

Dear Ms Prentice

 

Thank you for your email requesting information held by the Parliamentary
and Health Service Ombudsman. Your request is as follows:

 

Given there is no policy to exclude complainants from the investigation,
please tell me why are complainants are not involved in the investigation
of their cases? Very many people complain that they are not  consulted on
the input of the body in focus.  In other words, why is the complained
about body given a voice when the compliant is not?

 

Please tell me how many people have made such a complaint in the last 5
years? Or if this is too expensive to calculate, since Customer Services
were set up?

 

Please direct me to any PHSO Equality Policies.

 

Your request will be responded to in line with the Freedom of Information
Act 2000. A response will be sent to you on or before 23^rd May 2018 in
line with the statutory timeframes set out in the Act.

 

Yours sincerely

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [1]www.ombudsman.org.uk

 

Follow us on

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Dear InformationRights,

If you are asking for clarification, please say which bit you do not understand.

Yours sincerely,

Brenda Prentice

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Ms Prentice

Thank you for your email.

This email was acknowledging your information request and providing the deadline for our response. We have not requested any clarification and I can confirm your request is being processed.

Yours sincerely

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

show quoted sections

InformationRights, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Ms Prentice

 

RE: Your information request: FDN - 275198

 

I write in response to your email of 24^th April 2018 in regards to your
request for information held by the Parliamentary and Health Service
Ombudsman (PHSO). Your request has been handled under the Freedom of
Information Act 2000.

 

You have requested the following:

 

Follow up to FDN-275138

 

1.    Given there is no policy to exclude complainants from the
investigation, please tell me why are complainants are not involved in the
investigation of their cases? Very many people complain that they are not
consulted on the input of the body in focus.  In other words, why is the
complained about body given a voice when the compliant is not?

 

2.    Please tell me how many people have made such a complaint in the
last 5 years? Or if this is too expensive to calculate, since Customer
Services were set up?

 

3.    Please direct me to any PHSO Equality Policies.

Response

With regards to Question 1 of your request, the PHSO Service Model (Main)
Guidance details how the complainant is involved throughout the
investigation. The guidance has recently been updated and it now includes
the following on contacting the parties throughout an investigation on
page 71:

Contacting the parties throughout the investigation

 

5.30      Relevant information should be shared with all parties
throughout the life of the case. (Policy requirement) These contact points
are opportunities to explain what the evidence is showing us, or to talk
to the parties about what our provisional views might be.

5.31      We must ensure that we take into consideration any concerns
raised by all parties through-out our investigation and be open to
consider any further information they wish to share with us. (Policy
requirement)

5.32      In accordance with our legislation[1]^^[1], we can only release
information we obtain if it is necessary to do so as part of our
investigation or to help us explain our provisional views. However, this
does not stop us from sharing information about the investigation with
those involved in it and keeping them regularly informed. We want those
involved to be able to follow our progress and thought processes about a
case, whilst remaining impartial and not letting them influence our
provisional views of a case or final decision.

5.33      Any communication with the parties involved in a case must be
clearly and accurately documented.

You can view the revised guidance on our website using the link below:

 

[2]https://www.ombudsman.org.uk/about-us/co...

 

With regards to Question 2, this information is not held centrally for a
five year period and therefore to obtain this information would require
manually accessing complaint file records which could not be undertaken
without incurring disproportionate cost. Section 12(1) has therefore been
applied to this element of your request.

 

However, from 2015 the Customer Care Team started capturing themes on
complaints and so data is held centrally from 2015 onwards (shortly after
Customer Care was set up in late 2014). However, this data is reliant on
the Customer Care staff member recording the themes at the time. Also, the
team only capture (at most) three themes per complaint and so it would
depend what the overriding theme was for the complainant as to what themes
were actually recorded. One of the key themes created at the time was ‘not
being involved in the process’ and so we can provide you data on this
theme covering the 2015 to 2017 period. The Customer Care team did change
how they record themes in 2017 and so this theme changed from 2017 into a
broader category. However, for the data we have access to at present, this
is the closest theme we can use to provide you with the data you request.
On this basis, I can confirm the following

 

+------------------------------------------------------------------------+
|Financial Year|Number of times ‘not being involved in the process’ was a|
| |theme within the complaint |
|--------------+---------------------------------------------------------|
|2014/15 |0 |
|--------------+---------------------------------------------------------|
|2015/16 |19 |
|--------------+---------------------------------------------------------|
|2016/17 |3 |
+------------------------------------------------------------------------+

 

With regards to Question 3, we publish a PHSO specific Equality &
Diversity Policy on our website within our Publication Scheme. I have
provided a link to this below:

 

[3]https://www.ombudsman.org.uk/sites/defau...

 

I hope that this information is useful. If you believe we have made an
error in the way I have processed your information request, it is open to
you to request an internal review.  You can do this by writing to us by
post or by email to [4][Parliamentary and Health Service Ombudsman request email]. You will need
to specify what the nature of the issue is and we can consider the matter
further. Beyond that, it is open to you to complain to the Information
Commissioner’s Office ([5]www.ico.org.uk).

 

Yours sincerely

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [6]www.ombudsman.org.uk

 

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M Boyce left an annotation ()

It's interesting how the PHSO have updated their main complaints process guidance, only last updated in November 2017, but they refuse to update their Customer Care Guidance ('feedback'), last updated in 2016. They promised they were preparing this updated guidance in January 2018, alongside amended decision letters.
How many PHSO gurus does it take to update a simple guidance note? They do not record this information, and even if they did it would be too expensive to find out - apparently.
My MP has written to PACAC to find out what is going on because they refuse to speak to me. Let's see if Bernard can be bothered to respond.

Brenda Prentice

Dear InformationRights,

This is an unsatisfactory answer.

Policy requirement or not, it is the case that too many complainants are excluded before the report stage. At that stage too often no amount of communication will change anything. Even at appeal where poor service is admitted by PHSO, no changes are made.

How are historic cases to be dealt with which took place before your updated guidance? Ordinary people who come to PHSO expect fairness but this has not happened, how is this to be deal with now that your guidance has been update?

The random reliance on Customer Care for data collection is....unreliable!

I'm sadden but not surprised.

Yours sincerely,

Brenda Prentice

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Ms Prentice

 

Thank you for your reply.

 

With regards to your question regarding historic cases which were
completed before the guidance was updated, whilst we would not
automatically review all cases retrospectively, the Customer Care Team can
look at complaints about our decisions and services on cases. These would
be considered on a case by case basis dependent on whether the service
and/or decision was not right which may then be taken forward as a service
complaint or review request.  

 

I note you have advised you find the answer provided to your Freedom of
Information request to be unsatisfactory. Whilst we have provided answers
to the questions asked based on the information available to us, it is
open to you to request an internal review if you believe we have made an
error in the processing your request.

 

If you would like to request an internal review please advise and we will
ensure this is processed by someone who was not involved in your original
request. As part of this please specify the nature of the issue and we can
consider the matter further.

 

Yours sincerely

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

 

 

show quoted sections

Brenda Prentice

Dear Parliamentary and Health Service Ombudsman,

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

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Equality Policy'.

This has not been answered satisfactorily. I does not tell how clients are treated Equally in the investigation of their cases. Although there is no reason why they can't be involved, they are not involved until the draft stage. By which stage few, if any decision are changed.

The body in scope are consulted thought-out the investigation.

This is not how equality works!

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

Yours faithfully,

Brenda Prentice

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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3 Attachments

Dear Ms Prentice,

 

Re: Internal Review of Information Request

 

Thank you for your email of 20^th June in which you requested an internal
review of your information request. I have considered the previous
correspondence.

 

Internal Review Response

 

Timeliness of response

 

The response to your request was within the 20 working days stipulated by
section 10(1) of the Freedom of Information Act 2000.

 

Information Provided

 

A request made under the Freedom of the Freedom of Information Act is a
request for recorded information. I note that you have previously been
provided with a link to our webpage that lists the policies and procedures
PHSO uses to assess and investigate complaints.

 

[1]https://www.ombudsman.org.uk/about-us/co...

 

Conclusion

 

As you have been provided with a link to our policies and procedures which
are reasonably accessible on our website and therefore exempt under s21 of
the Freedom of Information Act there is no further information held. I
therefore do not uphold your complaint.

 

If you remain unhappy with our response, it is open to you to complain to
the Information Commissioner’s Office ([2]www.ico.org.uk).

 

 

Yours sincerely,

 

 

Andrew Martin

Freedom Of Information/Data Protection Manager

Parliamentary and Health Service Ombudsman

W: [3]www.ombudsman.org.uk

 

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show quoted sections

Brenda Prentice

Dear InformationRights,

With your answer it seems, there is no reason why the complainant is shut out of the PHSO deliberations during an investigation and only the complained of organisation is involved with any deliberations. Complainants just are kept out, in the dark, regardless! There is no evidence that things are getting better for complainants from this FOI request.

For question 3 you have answered,

PURPOSE AND SCOPE OF POLICY
2. The purpose of this policy is to ensure that our commitment to equality of opportunity and valuing diversity is reflected in all employment processes.
****
As it say's this is for employees, not clients as I asked. You have not answered my question, which was, please show me your Equality Policy on casework handling and explain why this policy does not give parity to complainants?
This does not answer that question.

I have noted the changes made since my FIO made in March.

You are right to say customer care look again at historic cases, there is little evidence that they do so with any sympathy to past clients who have been the victims of 'poor PHSO service'.

I also note how Customer Care has change it's recording method year on year so that it becomes difficult to keep tract of what they are recording and how it is done. However, give there were 19 complaints in 2015/16 about why complainants had not be kept informed during the case work, it seem not a lot, if anything, has changed in that regard. Perhaps that is why customer care keep changing the way they record until a way is found to camouflage the figures

All in all, I don't think PHSO has answered my FOI, do you want to revisit your review and answer the question, not simply review the method, I did not ask for that to be reviewed, I asked for the answers to my question to be reviewed.

Yours sincerely,

Brenda Prentice

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request.
If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your request will be processed as a Subject Access Request under the provisions of the Data Protection Act 2018 and will be responded to within one calendar month in accordance with the statutory time frame set out in the Act.
We may contact you before this time if we require further clarification or if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via secure email, unless you instruct us differently. To access the information on the email we send, you will need to sign up to our secure email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you will need to inform us of this and confirm your current address as soon as possible.

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Dear Parliamentary and Health Service Ombudsman,

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

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Equality Policy'.

Your review did not review what I asked for, only the method used. That is not what was requested. Please try again.

With the passing of time there is still no evidence of changes to the way complainants are involved with casework. And yet there is no policy that says complainants cannot be involved. This cannot be right. Your customer care team are not caring for customers.

Please review my request (not the method used to deal with it)

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

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

Yours faithfully,

Brenda Prentice

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request.
If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your request will be processed as a Subject Access Request under the provisions of the Data Protection Act 2018 and will be responded to within one calendar month in accordance with the statutory time frame set out in the Act.
We may contact you before this time if we require further clarification or if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via secure email, unless you instruct us differently. To access the information on the email we send, you will need to sign up to our secure email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you will need to inform us of this and confirm your current address as soon as possible.

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InformationRights, Parliamentary and Health Service Ombudsman

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Dear Ms Prentice,

 

Thank you for your email of 24 July.

 

In respect of the third part of your request, there is no standalone
policy Equality Policy for the casework process. As stated in my reply of
24 July our policies and procedures are available on our website and
exempt under s21 of the Act.

 

The equality information we provide in the casework process is within the
service model guidance relating to reasonable adjustments and
accessibility - Sections 1.38-1.40

 

[1]https://www.ombudsman.org.uk/sites/defau...

 

If you remain unhappy with our response, it is open to you to complain to
the Information Commissioner’s Office ([2]www.ico.org.uk).

 

 

Yours sincerely,

 

 

Andrew Martin

Freedom Of Information/Data Protection Manager

Parliamentary and Health Service Ombudsman

W: [3]www.ombudsman.org.uk

 

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